Is it permissible to participate in maternity insurance only after becoming pregnant in Vietnam?

Is it permissible to participate in maternity insurance only after becoming pregnant in Vietnam?

Pursuant to Article 31 of the Law on Social Insurance in 2014 stipulating conditions for enjoying the maternity benefits as follows:

Conditions for enjoying the maternity benefits

1. Employees shall be covered by the maternity benefits in one of the following cases:

a/ Pregnant female employees;

b/ Female employees giving birth to children;

c/ Female employees as surrogate mothers and intended mothers;

d/ Employees adopting under-6-month children;

dd/ Female employees having intrauterine devices or employees taking sterilization measures;

e/ Male employees currently paying social insurance premiums whose wives give birth to children.

2. To enjoy the maternity benefits, employees defined at Points b, c and d, Clause 1 of this Article must have paid social insurance premiums for at least full 6 months within 12 months before childbirth or child adoption.

3. To enjoy the maternity benefits, employees defined at Point b, Clause 1 of this Article who have paid social insurance premiums for at least full 12 months and need to take a leave during pregnancy for pregnancy care as prescribed by a competent health establishment must have paid social insurance premiums for at least full 3 months within 12 months before childbirth.

4. Employees who fully satisfy the conditions specified in Clause 2 or 3 of this Article and terminate their labor contracts or working contracts or cease working before the time of childbirth or the time of adoption of under-6-month children are still entitled to the maternity benefits prescribed in Articles 34, 36 and 38, and Clause 1, Article 39, of this Law.

As regulations above, female employees, who only participate in social insurance after becoming pregnant, are still entitled to maternity benefits if they meet the condition of contributing to social insurance permiums for at least 6 months within the 12 months prior to giving birth.

Is it permissible to participate in maternity insurance only after becoming pregnant in Vietnam? - Image from Internet

Who are entitled to maternity benefits in Vietnam?

Pursuant to Article 30 of the Law on Social Insurance in 2014 stipulating coverage of the maternity benefits as follows:

Coverage of the maternity benefits

The maternity benefits covers employees defined at Point a, b, c, d, dd and h, Clause 1, Article 2 of this Law.

As regulations above, subjects entitled to maternity benefits are those who participate in compulsory insurance, including:

- Persons working under indefinite-term labor contracts, definite-term labor contracts, seasonal labor contracts or contracts for given jobs with a term of between full 3 months and under 12 months, including also labor contracts signed between employers and at-law representatives of persons aged under 15 years in accordance with the labor law;

- Persons working under labor contracts with a term of between full 1 month and under 3 months;

- Cadres, civil servants and public employees;

- Defense workers, public security workers and persons doing other jobs in cipher organizations;

- Officers and professional army men of the people's army; officers and professional non-commissioned officers and officers and technical non- commissioned officers of the people's public security; and persons engaged in cipher work and enjoying salaries like army men;

- Salaried managers of enterprises and cooperatives;

Can female employees still receive maternity benefits if they return to work before the end of the maternity leave period in Vietnam?

Pursuant to Article 40 of the Law on Social Insurance in 2014 stipulating female employees going to work prior to the expiration of the maternity leave period as follows:

Female employees going to work prior to the expiration of the maternity leave period

1. Female employees may go to work prior to the expiration of the maternity leave period specified in Clause 1 or 3, Article 34 of this Law when fully meeting the following conditions:

a/ Having taken a leave for at least 4 months;

b/ Notifying in advance their wish to go to work prior to the expiration of the maternity leave period and obtaining the consent of their employers.

2. Female employees who go to work prior to the expiration of the maternity leave period are entitled to not only salaries but also the maternity benefits until the expiration of the period specified in Clause 1 or 3, Article 34 of this Law.

As regulations above, female employees are still entitled to maternity benefits if they return to work before
the end of the maternity leave period in Vietnam.

Best regards!