Procedure for enjoying maternity benefits when female employees give birth

Legal Basis: The 2014 Social Insurance Law; Circular 59/2015/TT-BLDTBXH; and Decision 166/QD-BHXH of 2019.

1. Conditions for enjoying maternity policies when giving birth:

Female employees participating in compulsory social insurance are entitled to maternity policies when giving birth if they meet one of the following conditions:

(1) Paying social insurance for at least 06 months within 12 months prior to childbirth or adoption of a child.

(2) Paying social insurance for at least 12 months but must take leave during pregnancy to maintain the pregnancy as per the competent medical facility’s instructions, then they must pay social insurance for at least 03 months within 12 months prior to childbirth.

Note: Female employees who meet one of the above conditions but terminate their labor contract, work contract, or quit their job before giving birth are still entitled to maternity policies as stipulated when giving birth.

2. Dossiers for enjoying maternity policies:

- A copy of the birth certificate or an extract of the birth certificate or a copy of the birth notification of the child.

- In the case where the child dies after birth: In addition to the dossier stated in content item a, it includes a copy of the death certificate or an extract of the death certificate or a copy of the child's death notice; if the child dies right after birth and has not been issued a birth notification, it is replaced by an extract or summary of the medical record or discharge paper of the mother or the surrogate mother showing the child died.

- In the case where the mother or the surrogate mother dies after giving birth, it includes a copy of the death certificate or an extract of the death certificate of the mother or the surrogate mother.

- In the case where the mother after giving birth or the mother who requested surrogacy after receiving the child is no longer healthy enough to take care of the child, it includes the medical council record of the mother or the mother who requested surrogacy.

- In the case where leave is required during pregnancy to maintain the pregnancy according to Clause 3, Article 31 of the Social Insurance Law, it includes one of the following documents:

+ For inpatient treatment: A copy of the discharge paper or summary of the medical record showing leave to maintain the pregnancy.

+ For outpatient treatment: A certificate of leave to enjoy social insurance showing leave to maintain the pregnancy.

+ If a medical council is needed: A medical council record.

- In the case where the surrogate gives birth or the mother requesting surrogacy receives the child, it includes a copy of the agreement on surrogacy for humanitarian purposes in accordance with Article 96 of the 2014 Marriage and Family Law; a document confirming the time of handing over the child by the party requesting surrogacy and the surrogate.

3. Implementation procedure:

a. For employees still working at the enterprise:

Step 1: The employee submits a dossier to enjoy maternity policies to the employer;

Step 2: Within 10 days from the date of receiving the complete dossier from the employee, the employer is responsible for preparing and submitting the dossier to the social insurance agency.

Step 3: Within 10 days from the date of receiving the complete dossier as prescribed from the employer, the social insurance agency must resolve and arrange payment for the employee;

If the social insurance agency does not resolve the case, it must reply in writing and clearly state the reason.

Step 4: Within 3 working days from the date of receiving the money transferred by the social insurance agency, the employer is responsible for paying the maternity policies to the employee. Payment is made through the employee’s personal account or in cash (if the employee does not have a personal account).

b. For employees who have resigned:

Step 1: The employee submits a dossier to enjoy maternity policies to the social insurance agency;

Step 2: Within 05 working days from the date of receiving the complete dossier as prescribed from the employee, the social insurance agency must resolve and arrange payment for the employee. Payment is made through the employee’s personal account or in cash (if the employee does not have a personal account).

If the social insurance agency does not resolve the case, it must reply in writing and clearly state the reason.

4. Authority to resolve:

- For employees still working at the enterprise: The district-level social insurance agency where the company’s headquarters is located;

- For employees who have resigned: The district-level social insurance agency where the employee resides (either permanent or temporary residence).

Above is our advisory perspective on the issue you are concerned with.

Best regards!