Vietnam: Are employees applying for resignation at the 3 months of pregnancy eligible for the enjoyment of maternity benefits?
Article 31 of the Social Insurance Law 2014 stipulates:
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.
Thus, to be entitled to maternity benefits, employees in Vietnam pay social insurance premiums for at least 06 months within the 12 months before giving birth. According to the above case, the employee in Vietnam may give birth in late August or early September. Therefore, if, before her leave, she has paid social insurance premiums for 6 months within 12 months, she may be eligible for enjoyment of maternity benefits in Vietnam.
Sincerely!
