Dossier for enjoyment and settlement time of the maternity benefits in Vietnam

Dossier for enjoyment and settlement time of the maternity benefits in Vietnam (Internet image)

1. Dossier for enjoyment of the maternity benefits in Vietnam

According to Article 101 of the Law on Social Insurance 2014 and Point 2.2, Clause 2, Article 4 of Decision 166/QD-BHXH dated January 31, 2019 as follows:

1.1. Dossier for enjoyment of the maternity benefits for employees

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

- 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.

- 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.

* Female workers give birth:

- The copy of birth certificate or extract of birth certificate or the copy of notice of birth.

- In case the baby dies after birth: Apart from the document mentioned in Paragraph 2.2.2.a, the copy of death certificate or extract of death certificate or the copy of death notice must be submitted; In case the baby dies immediately after birth without the notice of birth issued, an extract or summary of medical record or discharge notice of the mother or the female worker who is surrogate mother shall be submitted.

- In case the mother or surrogate mother dies after the childbirth, the copy of death certificate or extract of death certificate shall be submitted.

- In case the mother or intended mother is unfit to take care of her child, the medical assessment report shall be submitted.

- If a female worker must take leave for pregnancy care as regulated n Clause 3 Article 31 of the Law on Social Insurance 2014, one of the following documents must be submitted:

+ For inpatient treatment: The copy of discharge note or summary of medical record.

+ For outpatient treatment: The confirmation of eligibility to receive social insurance benefits.

+ For medical assessment: The medical assessment report.

- In case of surrogacy, the application must include the copy of the agreement on surrogacy for humanitarian purpose as regulated in Article 96 of the Law on marriage and family in 2014, and the document certifying the time when the surrogate gives away the baby to the intended parents.

* A worker adopts a newborn aged under 06 months: The copy of certificate of adoption is submitted

* Male workers or husbands of surrogate mothers take leave when their wives give birth:

The copy of notice of birth or birth certificate or extract of birth certificate of the child; documents proving the cesarean or birth before 32 weeks gestation issued by health facilities, if any.

In case the baby dies immediately after birth without the notice of birth issued, an extract or summary of medical record or discharge notice of the mother or the surrogate mother shall be submitted.

* Male workers or husbands of surrogate mothers apply for lump-sum benefits when their wives give birth:

The copy of notice of birth of birth certificate or extract of birth certificate of the child.

In case the baby dies immediately after birth without the notice of birth issued, an extract or summary of medical record or discharge notice of the mother or the surrogate mother shall be submitted.

In case a male worker applies for benefit when he is on paternity leave and lump-sum benefit when his wife gives birth at the same time, the application, including the following documents, shall be submitted once only.

- The copy of notice of birth or birth certificate or extract of birth certificate of the child;

- Documents proving the cesarean or birth before 32 weeks gestation issued by health facilities, if any.

In case the baby dies immediately after birth without the notice of birth issued, an extract or summary of medical record or discharge notice of the mother or the surrogate mother shall be submitted.

* Male employees or husbands of mothers who request surrogacy are entitled to a one-time allowance when their wives give birth:

Copy of birth certificate or copy of birth certificate or birth extract of the child.

In case the child dies after giving birth without a birth certificate, it shall be replaced with a copy or summary of the medical record or hospital discharge certificate of the mother or the surrogate female worker showing the death of the child.

In case a male employee is simultaneously entitled to a leave of absence from work when his wife gives birth and a one-time allowance when his wife gives birth, he/she shall receive a single application, including:

- A copy of the birth certificate or a copy of the child's birth certificate or birth extract;

- In case the birth requires surgery or gives birth to a baby under 32 weeks old but the birth certificate does not show it, there is an additional document from the medical examination and treatment facility showing that the birth requires surgery or the baby is under 32 weeks old. .

In case the child dies after giving birth without a birth certificate, it shall be replaced with a copy or summary of the medical record or hospital discharge certificate of the mother or the surrogate female worker showing the death of the child.

* With regard to maternity benefit of a person giving birth, receiving baby from surrogate, or adopting a child while stopping paying social insurance because of resignation or demobilization before the date of giving birth, receiving baby from surrogate or adopting a child:

- Documents as prescribed for female employees giving birth and employees adopting children under 6 months old, including a copy of the adoption certificate.

When taking leave for antenatal care as regulated in Clause 3 Article 31 of the Law on Social Insurance 2014, if the documents specified in for female employees giving birth does not indicate the time off, the certificate of leave for antenatal care must be submitted.

- In case of payment of medical assessment charges, invoices/receipts and list of medically assessed contents given by health facility must be submitted.

Note: This case applies to those who gave birth, adopted a child, or adopted a child while paying social insurance premiums from January 1, 2018, but have since stopped working at the unit and wish to apply for benefits at the social insurance agency). 

1.2. Documents for employers

List of enjoyment of the maternity benefits: List of 01B-HSB

List 01B-HSB

2. Settlement of the sickness and maternity benefits in Vietnam

Settlement of the sickness and maternity benefits in Vietnam according to Article 102 of the Law on Social Insurance 2014 is as follows:

- Within 45 days after return to work, an employee shall submit the dossier specified in Clause 1 or 2, Article 100, or Clause 1, 2, 3 or 4, Article 101, of the Law on Social Insurance 2014 to his/her employer.

An employee who ceases working before the time of childbirth or child adoption shall submit the dossier specified in Clause 1 or 3, Article 101 of the Law on Social Insurance 2014 and produce his/her social insurance book to the social insurance agency.

- Within 10 days after receiving a complete dossier from an employee, the employer shall make a dossier as specified in Article 100 or 101 of this Law and submit it to the social insurance agency.

- Responsibilities of the social insurance agency:

+ To settle the social insurance benefits and make payment to the employee within 10 days after receiving a complete and valid dossier from an employer;

+ To settle the social insurance benefits and make payment to the employee within 5 working days after receiving a complete and valid dossier from an employee who ceases working before the time of childbirth or child adoption.

- If refusing to settle the social insurance benefits, the social insurance agency shall issue a written reply clearly stating the reason.

Quoc Dat

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