I. Legal basis:

• Social Insurance Law 2014

Maternity benefits are one of the important social security policies, demonstrating the concern of Vietnamese law for workers during pregnancy, childbirth and raising children. This is an essential benefit to support employees with stable health and economic conditions to take care of themselves and their families during maternity leave. However, not all employees are eligible for or meet the conditions for maternity benefits. Therefore, understanding the legal regulations related to maternity benefits is extremely necessary, especially for workers working in Vietnam.

II. Define

Maternity regime is part of the mandatory social insurance policy, regulated to provide financial support and vacation time for employees when pregnant, giving birth or performing obligations related to raising infants. born. This is the legal right of employees when participating in social insurance according to the provisions of law.

III. Subjects applying for maternity leave

According to regulations, the following subjects are eligible for maternity benefits:

• People working under an indefinite-term labor contract, a definite-term labor contract, a seasonal labor contract or a certain job with a term from 3 months to less than 12 months, including including the labor contract signed between the employer and the legal representative of the person under 15 years old according to the provisions of labor law;
• People working under labor contracts with a term of from 01 full month to less than 03 months;
• Officials, civil servants and public employees;
• Defense workers, police workers, and people working in other cipher organizations;
• Officers and professional soldiers of the People’s Army; officers, professional non-commissioned officers, officers, technical non-commissioned officers of the People’s Public Security; People who do cipher work are paid the same as soldiers;
• Business managers and cooperative managers receive salaries;

IV. Conditions for enjoying maternity benefits

Employees are entitled to maternity benefits when the subjects covered by the maternity benefits mentioned in section 1 fall into one of the following cases:

• Pregnant female workers;
• Female workers give birth;
• Surrogate female workers and surrogate mothers;
• Employees adopting children under 6 months old;
• Employees use contraceptive methods that must be performed at medical examination and treatment facilities;
• Male workers participating in compulsory social insurance have a wife who gives birth, and a surrogate wife gives birth.

In the above cases, subjects must fully participate in social insurance for the period prescribed by law to be eligible for maternity benefits.

In addition, eligible employees who terminate their labor contract, work contract or quit their job before giving birth or adopting a child under 6 months of age will still be entitled to maternity benefits according to regulations.

V. Conclude

Maternity benefits not only ensure health and financial benefits for workers but also demonstrate the responsibility of the state and society in taking care of family life and children’s future. To fully enjoy these benefits, employees need to clearly understand the applicable subjects and conditions for maternity benefits according to the law. At the same time, complying with the social insurance payment process is also an important factor to help ensure benefits. Maternity benefits are clear evidence of the sustainable and humane development of the social security system in Vietnam.

VI. About Us, Hankuk Law Firm

■ Hankuk Law Firm – Introduction

The goal of the legal services provided by HANKUK LAW FIRM is to support businesses, investors, and people. Our organization employs skilled Korean lawyers, partners, and professionals to provide legal services to businesses related to corporations and litigation.

To support the startup process, our lawyers and staff provide a wide range of services, including business law consulting, tax and immigration law consulting, real estate services, business consulting, marketing and communications, human resources, product distribution, franchise options, etc. We provide expert advice on every aspect of your business needs.

To protect the legitimate rights and interests of our clients and achieve the best results, we provide legal advice and participate in civil lawsuits related to business, labor, marriage, family, and inheritance.

■ Contact us now

For reliable and effective legal advice, please contact HANKUK LAW FIRM now. We are committed to providing you with the best possible answers and our team of experienced lawyers has extensive knowledge in many legal fields. We are always here to provide the most competent and dedicated support, whether you are dealing with contractual issues, commercial disputes or need guidance on foreign investment. HANKUK LAW FIRM is honored to have assisted hundreds of domestic and international clients in skillfully resolving complex legal issues as their trusted legal partner. Do not let legal issues hinder your success. Let us accompany you towards legal achievement and comfort. For prompt guidance and support to ensure your rights are always maintained at the highest standards, contact HANKUK LAW FIRM now.

■ Contact Hankuk Law Firm:

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