What are instructions for calculating social insurance benefits when taking maternity leave in Vietnam?

What are instructions for calculating social insurance benefits when taking maternity leave in Vietnam?

Article 39 of the Law on Social Insurance 2014 stipulates social insurance benefits when taking leave for pregnancy check-ups 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.

2. The maternity leave period of 14 working days or more in a month shall be regarded as a period of social insurance premium payment. During this period, employees and employers are not required to pay social insurance premiums.

Thus, social insurance benefits when taking leave for pregnancy check-ups are calculated according to the following formula:

In case the employee has not paid the full 06 months of social insurance, the pregnancy check-up fee is determined as follows:

Are regular pregnancy check-ups covered by health insurance in Vietnam?

In Article 21 of the 2008 Health Insurance Law, some points are annulled by Clause 14, Article 1 of the 2014 amendments to Health Insurance Law; Amended by Clause 14, Article 1 of the 2014 amendments to Health Insurance Law, the scope of health insurance benefits is as follows:

Scope of health insurance benefits

1. The insured has the following costs covered by the health insurance fund:

a/ Costs of medical examination and treatment, function rehabilitation, regular pregnancy check-ups and birth giving;

b) Costs of the transfer of the patients from district hospitals to superior hospitals with regard to the insured prescribed in points a, d, e, g, h and i Clause 3 Article 12 of this Law in case of medical emergency or inpatients needing such transfer.

2. The Minister of Health shall specify Point b, Clause 1 of this Article: and assume the prime responsibility for. and coordinate with relevant agencies in. promulgating lists of medicines, chemicals, medical supplies and equipment as well as technical services which the insured is entitled to.

In addition, according to Article 23 of the 2008 Health Insurance Law amended by Clause 16, Article 1 of the 2014 amendments to Health Insurance Law, the following cases are not eligible for health insurance benefits:

Cases not eligible for health insurance benefits

1. Cases specified in Clause 1 of Article 21 in which costs have been paid by the state budget.

2. Convalescence at sanatoria or convalescence establishments.

3. Medical check-up.

4. Prenatal tests and diagnosis for non-treatment purposes.

5. Use of obstetric supportive techniques, family planning services or abortion services, except for cases of discontinuation of pregnancy due to fetal or maternal diseases.

6. Use of aesthetic services.

....

Thus, if female employees have regular pregnancy check-ups, they will still be entitled to health insurance. However, in cases where prenatal tests and diagnosis for non-treatment purposes, health insurance will not be covered.

What are instructions for calculating social insurance benefits when taking maternity leave in Vietnam? (Image from the Internet)

How long is maternity leave period for female employees in Vietnam?

Article 34 of the Law on Social Insurance 2014 stipulates leave period for childbirth as follows:

Leave period for childbirth

1. Female employees are entitled to a 6-month leave before and after childbirth under the maternity benefits. For a female employee who gives birth to twins or more infants, she is entitled to an additional leave of 1 month for each infant from the second.

The maternity leave period before childbirth must not exceed 2 months.

....

3. After childbirth, if an under-2-month child dies, the mother is entitled to a 4-month leave from the date of childbirth; if a child aged 2 months or older dies, the mother is entitled to a 2-month leave from the date of the child’s death, but the maternity leave period must not exceed the period specified in Clause 1 of this Article; such leave period shall not be included in the period of personal leave as prescribed by the labor law.

...

Thus, female employees are entitled to maternity leave for the following period:

[1] 06 months, if giving birth to twins or more infants, for each infant from the second, the mother will be entitled to an additional leave of 1 month.

[2] After childbirth, if an under-2-month child dies, the mother is entitled to a 4-month leave from the date of childbirth.

[3] If a child aged 2 months or older dies, the mother is entitled to a 2-month leave from the date of the child’s death, but the maternity leave period does not exceed 06 months.

Note: For case [2] and case [3], the maternity leave period does not exceed the time specified in case [1]; This time is not included in the period of personal leave as prescribed by the labor law.

Best regards!