Are voluntary social insurance participants entitled to maternity benefits in Vietnam?

Are voluntary social insurance participants entitled to maternity benefits in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Are voluntary social insurance participants eligible to receive maternity benefits in Vietnam?

According to Article 4 of the Law on Social Insurance 2014, social insurance benefits are prescribed as follows:

- Compulsory social insurance covers the following benefits:

+ Sickness;

+ Maternity;

+ Occupational accident and occupational disease;

+ Retirement;

+ Survivorship allowance.

- Voluntary social insurance covers the following benefits:

+ Retirement;

+ Survivorship allowance.

- The supplementary retirement scheme shall be stipulated by the Government.

At the same time, Article 30 of the Law on Social Insurance 2014 stipulates that employees who are Vietnamese citizens and are subject to compulsory social insurance are eligible for maternity benefits.

Thus, according to regulations, voluntary social insurance participants are entitled to two benefits: Retirement and Survivorship allowance. The new maternity benefits only apply to people participating in compulsory social insurance.

2. Conditions for enjoying the maternity benefits in Vietnam

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

- Employees shall be covered by the maternity benefits in one of the following cases:

(i) Pregnant female employees;

(ii) Female employees giving birth to children;

(iii) Female employees as surrogate mothers and intended mothers;

(iv) Employees adopting under-6-month children;

(v) Female employees having intrauterine devices or employees taking sterilization measures;

(vi) Male employees currently paying social insurance premiums whose wives give birth to children.

- To enjoy the maternity benefits, employees defined at Points (ii), (iii), (iv) must have paid social insurance premiums for at least full 6 months within 12 months before childbirth or child adoption.

- To enjoy the maternity benefits, employees defined at (ii) 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.

- Employees who fully satisfy the conditions specified above 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 the Law on Social Insurance 2014.

3. Allowance levels of the maternity benefits in Vietnam

- For employees entitled to the maternity benefits as prescribed in Articles 32 thru 37 of the Law on Social Insurance 2014, the allowance levels shall be calculated as follows:

+ 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 the Law on Social Insurance 2014, is the average of salaries of the months for which social insurance premiums have been paid;

+ The per-diem allowance for the case specified in Article 32, or Clause 2, Article 34, of the Law on Social Insurance 2014 must equal the monthly maternity allowance divided by 24 days;

+ 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 the Law on Social Insurance 2014, the per- diem allowance must equal the monthly allowance divided by 30 days.

- 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.

- The Minister of Labor, Invalids and Social Affairs shall stipulate in detail the conditions for and period of enjoyment and levels of allowances applicable to the subjects defined in Article 24, and Clause 1, Article 31, of the Law on Social Insurance 2014.

Nguyen Ngoc Que Anh

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