Maternity benefits upon terminating the contract before the time of childbirth in Vietnam

Maternity benefits upon terminating the contract before the time of childbirth in Vietnam (Internet image)

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

1. Conditions for receiving maternity benefits in Vietnam

- 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 Point (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.

(Clause 1, 2, 3, Article 31 of the Law on Social Insurance 2014)

2. Maternity benefits upon terminating the contract before the time of childbirth in Vietnam

Clause 4, Article 31 of the Law on Social Insurance 2014 stipulates that employees who fully satisfy the conditions specified in Clause 2 or 3 of Article 31 of the Law on Social Insurance 2014 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.

Thus, according to the above regulations, employees who are eligible to enjoy maternity benefits but terminate their labor contracts, work contracts or quit their jobs before giving birth will still be entitled to maternity benefits according to regulations. provisions of the law.

3. Who is eligible for maternity benefits?

According to Article 30 of the Law on Social Insurance 2014, employees being Vietnamese citizens who shall be covered by compulsory social insurance shall be entitled to maternity benefits in the following cases:

- Persons working under indefinite-term labor contracts, definite-term labor contracts, seasonal labor contracts or contracts for given jobs with a term of between full 3 months and under 12 months, including also labor contracts signed between employers and at-law representatives of persons aged under 15 years in accordance with the labor law;

- Persons working under labor contracts with a term of between full 1 month and under 3 months;

- Cadres, civil servants and public employees;

- Defense workers, public security workers and persons doing other jobs in cipher organizations;

- Officers and professional army men of the people's army; officers and professional non-commissioned officers and officers and technical non- commissioned officers of the people's public security; and persons engaged in cipher work and enjoying salaries like army men;

- Salaried managers of enterprises and cooperatives;

4. Dossier for a female employee to enjoy the maternity benefits in Vietnam

A dossier for a female employee to enjoy the maternity benefits must comprise:

- A copy of the birth registration certificate or birth certificate of the child;

- A copy of the child’s death certificate, in case the child dies, or copy of the mother’s death certificate, in case the mother dies in childbirth;

- A competent health establishment’s certificate stating that the mother is at postnatal risk that makes her unable to take care of the child;

- An extract of the mother’s medical record or hospital discharge paper in case the child dies after birth without being granted the birth certificate;

- A competent health establishment’s certificate stating that the female employee has to take leave for pregnancy care, in the case specified in Clause 3, Article 31 of the Law on Social Insurance 2014.

(Clause 1, Article 101 of the Law on Social Insurance 2014)

Nguyen Ngoc Que Anh

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