What kind of benefits are female employees receiving on maternity leave in Vietnam? What documents are needed for female employees taking maternity leave to receive social insurance in Vietnam?

What are conditions for enjoying the maternity benefits in Vietnam?

Pursuant to Article 31 of the Law on Social Insurance 2014 stipulates conditions for enjoying the maternity benefits:

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.

Thus, employees will be entitled to maternity benefits if they fall into the following cases:

- Pregnant female workers;

- Female workers giving birth;

- Female surrogate mothers and surrogate mothers;

- Employees adopting children under 6 months old;

- Female workers have IUDs inserted, and workers undergo sterilization;

- Male workers who are paying social insurance and whose wife has given birth to children.

- Female employees who give birth, are surrogate mothers, surrogate mothers, and employees who adopt children under 6 months of age must pay social insurance for 6 months or more within the 12 months before giving birth or adopt a child.

- A female employee who gives birth to a child and has paid social insurance for 12 months or more but must take time off work during pregnancy to take care of the pregnancy as prescribed by a competent medical examination and treatment facility must pay social insurance for 3 months or more in the 12 months before giving birth.

- Employees who are eligible to enjoy maternity benefits, when terminating their labor contract, employment contract or quitting their job before giving birth or adopting a child under 06 months old, are still entitled to maternity benefits according to the regulations. 

What kind of benefits are female employees receiving on maternity leave in Vietnam? What documents are needed for female employees taking maternity leave to receive social insurance in Vietnam? (Image from the Internet)

What kind of benefits are female employees receiving on maternity leave in Vietnam?

Pursuant to Article 32 of the Law on Social Insurance 2014 stipulates leave period for prenatal checks-up as follows:

Leave period for prenatal checks-up

1. Pregnant female employees are entitled to take leaves for 5 prenatal checks-up, one day for each check-up; employees who live far from health establishments or have pathological signs or abnormal pregnancies are entitled to take a two-day leave for each prenatal check-up.

2. The leave period specified in this Article shall be counted in working days, excluding public holidays, New Year holidays and weekends.

Thus, female employees are entitled to 05 prenatal check-up breaks, 1 day each time.

In case you live far from a medical examination or treatment facility or the pregnant woman has a medical condition or an abnormal fetus, you are entitled to 02 days off for each prenatal check-up.

Note: The prescribed time off for prenatal check-ups is calculated based on working days, excluding holidays, Tet holidays, and weekly days off.

What documents are needed for female employees taking maternity leave to receive social insurance in Vietnam?

Pursuant to Point 2.2.1, Clause 2, Article 4 Process for handling social insurance benefits and payment of social insurance and unemployment insurance benefits issued with Decision 166/QD-BHXH in 2019 regulates receiving applications and returning application processing results:

Receiving applications and returning application processing results

...

2. Receive paper documents submitted by employers as regulated in Points 2.1, 2.2, 2.4 of this Clause and those submitted by workers or their relatives as regulated in Point 2.3 of this Clause. To be specific:

...

2.2.1. Female workers take leave for antenatal care, miscarriage, abortion, stillbirth or therapeutic abortion, or follow methods of contraception:

a) For inpatient treatment: The copy of discharge note. If a patient moves to a higher-level hospital during his/her inpatient treatment, the copy of the medical referral certificate or hospital transfer certificate must be submitted.

a) For outpatient treatment: The confirmation of eligibility to receive social insurance benefits or the copy of discharge note including the physician or medical assistant’s indication to take rest after the inpatient treatment.

...

Thus, female workers going for prenatal checkups need the following documents to receive social insurance in Vietnam:

- Certificate of leave to enjoy social insurance or

- A copy of the hospital discharge certificate with instructions from the treating physician or physician for additional leave after the inpatient treatment period.

Best regards!