Vietnam: Compilation of cases where female military servicemen submit dossiers for maternity benefits

Compilation of cases where female military servicemen submit dossiers for maternity benefits (Illustration)

According to Article 11 of Circular 136/2020/TT-BQP which stipulates the responsibilities for resolving maternity benefits for military personnel; cryptographic workers on military payroll; national defense officials, workers, public employees; contracted labor within agencies, units, and enterprises under the Ministry of Defense, specifically as follows:

1. Workers submit dossiers according to the guidance in clause 1, points a, d of clause 2, or clauses 5, 6 in Article 9 of this Circular;

2. In case of stillbirth: Submit additional documents according to the guidance in point b of clause 2, point c of clause 3, point c of clause 4, and point c of clause 6 of Article 9 of this Circular;

3. If only the mother participates in social insurance and meets the conditions to receive benefits after childbirth, adoption, or foster care, but the mother dies or cannot recover her health to take care of the child, the father or the child's direct caregiver submits the dossier to the personnel department of the place where the mother pays social insurance, following the guidance at points a, c, d, and đ of clause 2, or points a, b, d, and đ of clause 4 of Article 9 of this Circular;

4. If both parents participate in social insurance and meet the conditions for benefits but after childbirth, adoption, or foster care, the mother dies, or cannot recover her health to take care of the child, the father submits the dossier as follows:

• Submit the dossier according to the guidance in point c of this clause to the personnel department of the place where the mother pays social insurance if the mother is qualified for benefits (to handle the lump-sum benefit when giving birth and the benefit for the time the mother is alive or to resolve the benefit for the father in case he participates in social insurance but does not take leave).
• Submit the dossier according to the guidance in point c of this clause to the personnel department of the place where the father pays social insurance to enjoy the time benefit after the mother dies or cannot recover her health to take care of the child;

5. In case only the father participates in social insurance, if the mother dies after childbirth, adoption, or foster care, or cannot recover her health to take care of the child, the father submits the dossier follows the guidance at point c of this clause (except point d of clause 2, Article 9 of this Circular) to the personnel department of the place where the father pays social insurance;

6. Surrogate mothers submit dossiers following the guidance at points a, b, and đ of clause 3, Article 9 of this Circular to the personnel department of the place where they pay social insurance;

7. Female laborers who request surrogacy or their family members submit dossiers following the guidance at points a, b, d, and đ of clause 4, Article 9 of this Circular to the personnel department of the place where they pay social insurance;

8. Male laborers whose wives give birth or husbands of surrogate mothers, who take leave for maternity benefit as prescribed in clause 4, Article 3 of Decree 115/2015/ND-CP on 11th November 2015 of the Government detailing certain articles of the Social Insurance Law on compulsory social insurance, submit the dossier following the guidance at clause 6, Article 9 of this Circular to the personnel department of the place where they pay social insurance.

Detailed information can be found at Circular 136/2020/TT-BQP, effective from 12/12/2020.

Le Vy

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