What are procedures for female employees suffering miscarriage to enjoy social insurance benefits in Vietnam?

How many days of leave are female employees entitled to after a miscarriage in Vietnam?

Pursuant to Article 33 of the Law on Social Insurance in 2014 stipulating leave period upon miscarriage, abortion, stillbirth or pathological abortion as follows:

Leave period upon miscarriage, abortion, stillbirth or pathological abortion

1. When getting miscarriage, abortion, stillbirth or pathological abortion, a female employee may take a maternity leave as prescribed by a competent health establishment. The maximum leave period is:

a/ 10 days, for pregnancy of under 5 weeks;

b/ 20 days, for pregnancy of between 5 weeks and under 13 weeks;

c/ 40 days, for pregnancy of between 13 weeks and under 25 weeks;

d/ 50 days, for pregnancy of 25 weeks or more.

2. The maternity leave period specified in Clause 1 of this Article is inclusive of public holidays, New Year holidays and weekends.

As regulations above, when getting miscarriage, a female employee may take a maternity leave as prescribed by a competent health establishment.

The maximum leave period for female employees after a miscarriage is:

- 10 days, for pregnancy of under 5 weeks;

- 20 days, for pregnancy of between 5 weeks and under 13 weeks;

- 40 days, for pregnancy of between 13 weeks and under 25 weeks;

- 50 days, for pregnancy of 25 weeks or more.

Note: The maternity leave period female employees after a miscarriage is inclusive of public holidays, New Year holidays and weekends.

Female employees whose health has not yet recovered within the first 30 working days after the maternity leave period, are entitled to a leave for convalescence and health rehabilitation of between 5 and 10 days (according to Article 41 of the Law on Social Insurance in 2014).

What are procedures for female employees suffering miscarriage to enjoy social insurance benefits in Vietnam? - image from internet

What is the allowance levels of the maternity benefits for female employees suffering miscarriage in Vietnam?

Pursuant to Clause 1 Article 39 of the Law on Social Insurance in 2014 stipulating allowance levels of the maternity benefits as follows:

Allowance levels of the maternity benefits

1. For employees entitled to the maternity benefits as prescribed in Articles 32 thru 37 of this Law, the allowance levels shall be calculated as follows:

a/ A monthly allowance must equal 100% of the average of salaries of 6 months preceding the leave on which social insurance premiums are based. For employees who have paid social insurance premiums for only under 6 months, the allowance level under the maternity benefits specified in Article 32 or 33, Clause 2, 4, 5 or 6, Article 34, or Article 37, of this Law, is the average of salaries of the months for which social insurance premiums have been paid;

b/ The per-diem allowance for the case specified in Article 32, or Clause 2, Article 34, of this Law must equal the monthly maternity allowance divided by 24 days;

c/ The allowance level after childbirth or child adoption shall be calculated based on the monthly allowance specified at Point a, Clause 1 of this Article; in case of odd days or the case specified in Article 33 or 37 of this Law, the per- diem allowance must equal the monthly allowance divided by 30 days.

...

As regulations above, the allowance levels of the maternity benefits for female employees suffering miscarriage in Vietnam are as follows:

(1) Monthly allowance

A monthly allowance must equal 100% of the average of salaries of 6 months preceding the leave on which social insurance premiums are based.

For employees who have paid social insurance premiums for only under 6 months, the allowance level under the maternity benefits is the average of salaries of the months for which social insurance premiums have been paid.

(2) Per-diem allowance

The per-diem allowance must equal the monthly maternity allowance divided by 24 days.

What are procedures for female employees suffering miscarriage to enjoy social insurance benefits in Vietnam?

Pursuant to Article 102 of the Law on Social Insurance in 2014 and the Decision 222/QD-BHXH in 2021 stipulating allowance levels of the maternity benefits as follows:

Step 1: The employee submits one application to the employing unit within 45 days from the day the female worker returns to work after a miscarriage.

Step 2: The employing unit submits the application to the social insurance agency.

After receiving all the necessary documents from the employee, the employing unit prepares a list requesting maternity benefits and submits the entire application to the social insurance agency where the employee is covered within 10 days from the date of receiving all the documents from the employee.

Step 3: The social insurance agency processes the payment for the miscarriage benefits within a maximum of 6 working days from the date of receiving the complete and valid documents sent by the employing unit.

The miscarriage benefits will be paid to the employee in the following registered forms:

- Directly at the social insurance agency.

- Through the employer.

- Through the employee's personal bank account.

If the social insurance agency does not process the payment, they must respond in writing and provide clear reasons for the decision.

Best regards!