I. Introduction

The maternity benefit scheme is one of the key policies aimed at protecting the rights of workers, particularly female employees, during pregnancy and childbirth. This benefit is clearly stipulated in Vietnam’s Social Insurance Law, ensuring necessary financial and health support for employees during this critical period. However, not everyone fully understands the conditions for eligibility, particularly the required social insurance (SI) contribution period.

II. Social Insurance Contribution Period for Maternity Benefits

According to Clauses 2 and 3, Article 31 of Vietnam’s Social Insurance Law 2014, the eligibility conditions for maternity benefits for female employees giving birth are:

“Female employees giving birth or adopting a child under 6 months of age must have paid SI contributions for at least 6 months within the 12 months prior to childbirth or adoption. In cases where they have contributed SI for at least 12 months but had to take leave during pregnancy as per the instruction of a competent medical authority, they must have paid SI for at least 3 months within the 12 months prior to childbirth.”

Female employees will be eligible for maternity benefits if they meet one of the following conditions:

• Have contributed SI for at least 6 months within the 12 months before childbirth or adopting a child under 6 months of age.
• Have contributed SI for at least 3 months within the 12 months prior to childbirth if they have already contributed SI for 12 months or more and had to take leave during pregnancy as directed by a competent medical authority.
• For special cases, eligibility for maternity benefits with a 3-month SI contribution within 12 months before childbirth requires medical certification from a competent authority.

Example: If an employee gives birth in December 2024, the period from December 2023 to November 2024 will be considered, during which they must contribute at least 6 months of SI.

Special Case: 12-Month SI Contribution and Leave Under Medical Directive
The law also provides for a special case where employees who have contributed SI for 12 months or more may take leave under medical directive during pregnancy due to health concerns. In such cases, they only need to contribute SI for 3 months within the 12 months prior to childbirth to qualify for maternity benefits.

This provision reflects the humanistic aspect of Vietnam’s legal system, facilitating support for workers facing health challenges during pregnancy.

III. Timeframe for Receiving Maternity Benefits After Childbirth

• The timeframe for submitting a maternity benefits application is 45 days from the date the employee returns to work. If the employee quits their job before childbirth, they must submit the application and present their SI book to the social insurance agency to process their benefits.
• The social insurance agency must resolve and pay maternity benefits within 10 days from receiving a complete application from the employer.
• For employees who quit their jobs before childbirth or adoption, the social insurance agency must process and pay benefits within 5 working days from receiving the complete application.

IV. Entitlements Under the Maternity Benefit Scheme

When eligible for maternity benefits as per the law, employees are entitled to the following:

1. Maternity Allowance

Employees will receive a one-time allowance equal to twice the basic salary at the month of childbirth.
This allowance provides financial support for childbirth-related expenses and childcare.

2. Maternity Leave

• Female employees are entitled to 6 months of leave, including up to 2 months before childbirth.
• In the case of multiple births, an additional month of leave is granted for each child starting from the second child.

3. Prenatal Checkups and Health Care

• Female employees are allowed 5 prenatal checkups, with 1 day off for each checkup. If the medical facility is far away or the pregnancy is abnormal, 2 days are allowed for each checkup.
• Additionally, employees are entitled to sick leave if their child under 7 years old becomes ill.

V. Cases of Ineligibility for Maternity Benefits

If an employee does not meet the required SI contribution conditions, they will not qualify for maternity benefits under the law. However, they may still access other forms of support from the government or social organizations:

1. Social Welfare Programs

For pregnant women from low-income, near-poor households, or difficult circumstances, the government may provide assistance through social welfare programs. This support may include cash, goods, or social services to help workers overcome challenges during pregnancy.

2. Health Insurance

Employees who do not qualify for maternity benefits may still access healthcare services related to maternity if they are covered by health insurance. This ensures access to essential medical care during pregnancy and childbirth.

VI. Frequently Asked Questions

1. If I am just a few days short of the required SI contribution period, can I still receive maternity benefits?

Under current regulations, workers must meet the full SI contribution period as stipulated by law to qualify for maternity benefits. Even being short by one day disqualifies the worker from receiving these benefits. However, special cases may be considered depending on actual circumstances and legal basis.

2. If I quit my job before giving birth and do not continue paying SI, can I still receive maternity benefits?

If the worker has paid at least 6 months of SI within the 12 months before childbirth, they will still be eligible for maternity benefits even if they quit their job before giving birth.

VII. Conclusion

Maternity benefits are a crucial entitlement that helps protect the health and finances of workers during pregnancy and childbirth. However, to qualify, workers must be well-informed about the SI contribution requirements. This understanding not only allows them to better prepare for pregnancy but also ensures their rights are fully upheld.

With the information provided, it is hoped that workers will have a clearer understanding of the conditions and benefits of participating in social insurance, especially regarding maternity benefits. Always check and ensure you have met the SI contribution requirements to confidently enjoy the entitled benefits as stipulated by law.

VIII. About Us, Hankuk Law Firm

■ Hankuk Law Firm – Introduction

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