1. Step 1:

- In ordinary cases: The employee submits a dossier prescribed in the box “Dossier components” to the employer where he/she pays social insurance premiums;

- In case the mother dies in childbirth or after child adoption or faces a postnatal risk, making her not physically fit for taking care of the child:

+ In case only the mother buys social insurance and fully satisfies the conditions for receiving the allowance: The father or person who directly raises the child submits a dossier prescribed in the box “Dossier components” to the employer where the mother pays social insurance premiums;

+ In case both the father and the mother buy social insurance and fully satisfy the conditions for receiving the allowance, the father submits a dossier to the employer where the mother pays social insurance premiums in order to receive lump-sum allowance upon childbirth and allowance for the period during which the mother is entitled to when she is alive, or to receive the allowance for the father in case he buys social insurance but does not retire, and submits a dossier prescribed in the box “Dossier components” to the employer where the father pays social insurance premiums in order to receive the allowance for the period during which he is entitled to after the mother dies;

- In case only the father buys social insurance or both the father and the mother buy social insurance but the mother does not fully satisfy the conditions for receiving the allowance, the father submits a dossier prescribed in the box “Dossier components” to the employer where he pays social insurance premiums;

- The employee who retires before the time of childbirth, child receipt or child adoption submits a dossier prescribed in the box “Dossier components” to the provincial- or district-level social insurance agency of the locality where he/she resides. If not coming to directly receive the settlement result, the employee must make a letter of authorization according to Form No. 13-HSB (the original) or an authorization contract as prescribed by law for his/her lawful representative to receive the allowance.

2. Step 2: Within 10 days after receiving a complete dossier from the employee, the employer shall make a list of employees requesting the payment of sickness, maternity or convalescence allowance (Form No. C70a-HD) and submit it to the social insurance agency where the employer pays social insurance premiums, enclosed with the employee’ dossier.

3. Step 3: The social insurance agency assigned to receive the dossier shall receive the dossier from the employer and employee; compare uncertified copies of the dossier components with their originals and return the originals to the employer for giving them back to the employee; approve the allowance and return the approval result to the employer, and pay the allowance to the employee.

- The employer submits a dossier and receives the results of settling administrative procedures by post;

- The employee who retires, or is demobilized or discharged before the time of childbirth or child adoption, submits a dossier directly at the single-window division of the district-level social insurance agency or the division for receiving dossiers and notifying results of settling administrative procedures of the provincial-level social insurance agency of the locality where he/she resides.

1. List (original) of employees requesting the payment of sickness, maternity or convalescence allowance (Form No. C70a-HD issued together with Decision No. 636/QD-BHXH of April 22, 2016, of Vietnam Social Security);

2. A dossier for specific cases is prescribed as follows:

a/ A dossier of request for maternity allowance for female employees (including female employees as surrogate mothers) who receive prenatal checkups, get miscarriage, abortion, stillbirth or pathological abortion, and employees who apply contraceptive or tubal sterilization methods, must comprise a hospital discharge paper, in case of impatient treatment, or a certificate (original) of retirement for receiving social insurance allowance (original), in case of outpatient treatment.

b/ A dossier of request for maternity allowance for a female employee who is paying social insurance premiums and gives birth, or for her husband or the child fosterer in case the mother dies or the child dies in childbirth or the mother faces a postnatal risk, thus being not physically fit for taking care of the child, must comprise:

- Birth certificate or excerpts of the birth certificate or a written birth certification of the child, unless the child dies before being granted a written birth certification;

- In addition to the above paper, the dossier must also comprise:

+ In case the child dies: death certificate or excerpts of the death certificate of the child or an excerpted copy of medical records or a hospital discharge paper of the mother, in case the child dies before being granted a written birth certification;.

+ In case the mother dies: death certificate or excerpts of the death certificate of the mother;

+ Certificate of leave for pregnancy care, or certificate of retirement for receiving social insurance allowance which expresses the content of leave for pregnancy care, or medical assessment report (made according to the form issued together with Circular No. 14/2016/TT-BYT) in case the employee has paid social insurance premiums for at least full 12 months and has to take leave for pregnancy care and receives maternity allowance and, by the time of giving birth, has paid social insurance premiums for at least full 3 months within 12 months before giving birth;

+ Certificate of the mother’s being not physically fit for taking care of the child after childbirth (made according to the form issued together with Circular No. 14/2016/TT-BYT), in case only the father buys social insurance and the mother faces a postnatal risk, thus being no longer physically fit for taking care of the child.

c/ A dossier of request for maternity allowance, for the employee who adopts a child under 6 months old, must comprise a certificate of child adoption.

d/ A dossier of request for maternity allowance, for the male employee whose wife gave birth or for the husband of the female employee as surrogate mother as prescribed in Clause 2, Article 34 of the Law on Social Insurance, must comprise:

- Birth certificate or excerpts of the birth certificate or written birth certification of the child; in case the child dies, the dossier must also comprise a death certificate or excerpts of the death certificate of the child or an excerpted copy of medical records or a hospital discharge paper of the mother, in case the child dies before being granted a written birth certification;

- In case the mother gives birth to a child under 32 weeks old or the mother had to undergo surgery upon childbirth, the dossier must comprise a written birth certification of the child; if this written birth certification does not state the content that the child is under 32 weeks old or that the mother has to undergo surgery upon childbirth, the dossier must also comprise a written certification issued by the medical care establishment stating that the child is under 30 weeks old or the mother has to undergo surgery upon childbirth.

e/ A dossier of request for maternity allowance, for the female employee as surrogate mother upon childbirth, must comprise:

- Birth certificate or excerpts of the birth certificate or written birth certification of the child;

- Written agreement on surrogacy for humanitarian purposes as prescribed in Article 96 of 2014 Law on Marriage and Family; and a written certification of the time of delivering the child between the intended mother and surrogate mother.

- In addition to the above papers, the dossier must also comprise:

+ Death certificate or excerpts of the death certificate of the child or an excerpted copy of medical records or a hospital discharge paper of the female employee as surrogate mother in case the child dies before being granted a written birth certification;

+ Death certificate or excerpts of the death certificate, in case the female employee as surrogate mother dies in childbirth;

+ Certificate of leave for pregnancy care or a certificate of retirement for receiving social insurance benefits which states the content of leave for pregnancy care or a medical assessment report (made according to the form issued together with Circular No. 14/2016/TT-BYT), in case the employee has paid social insurance premiums for at least full 12 months and has to take a leave for pregnancy care, and receives maternity allowance and by the time of giving birth, she has paid social insurance premiums for at least full 3 months within 12 months before giving birth;

g/ A dossier of request for maternity allowance for an intended mother must comprise:

- Birth certificate or excerpts of the birth certificate or a written birth certification of the child;

- Written agreement on surrogacy for humanitarian purposes as prescribed in Article 96 of 2014 Law on Marriage and Family; and a written certification of the time of delivering the child between the intended mother and surrogate mother.

- In addition to the above papers, the dossier must also comprise:

+ In case the child dies when he/she is under 6 months old: death certificate or excerpts of the death certificate of the child;

+ In case the intended mother dies: death certificate or excerpts of the death certificate of the mother;

+ Certificate of the mother’s being not physically fit for taking care of the child after childbirth (made according to the form issued together with Circular No. 14/2016/TT-BYT), in case only the father buys social insurance while the intended mother faces risks and is no longer physically fit for taking care of the child.

h/ A dossier of request for lump-sum allowance for a male employee whose wife gives birth (in case only the father buys social insurance) must comprise a birth certificate or excerpts of the birth certificate or a written birth certification of the child; in case the child dies, the dossier must also comprise a death certificate or excerpts of the death certificate of the child or an excerpted copy of medical records or a hospital discharge paper of the mother in case the child dies before being granted a written birth certification;

i/ A dossier of request for maternity allowance for an employee who retires, or is demobilized or discharged before the time of childbirth, child receipt or child adoption, must comprise a social insurance book and the dossier prescribed at Point b, c, e or g of this Clause.

Note: If originals of the above dossier components are not required, the employee may submit the originals, copies together with their originals for comparison, certified copies, or duplicates.

- Within 10 days after receiving a complete dossier as prescribed, the social insurance agency shall settle the procedures and pay allowance to the employee.

Conditions for receiving maternity allowance:

1. An employee will be entitled to maternity allowance is he/she is:

a/ A pregnant female employee;

b/ A female employee who gives birth;

c/ The surrogate mother or intended mother;

d/ An employee who adopts a child under 6 months old;

dd/ A female employee who uses intrauterine device or an employee who applies a tubal sterilization method; or,

e/ A male employee who is paying social insurance premiums and whose wife gives birth.

2. To receive maternity allowance, the employee defined at Point b, c or d, Clause 1 of this Section must have the period of social insurance premium payment of at least 6 months within 12 months before the time of childbirth or child adoption.

3. To receive maternity allowance, an employee defined at Point b, Clause 1 of this Section who has paid social insurance premiums for at least 12 months and has to take a leave for pregnancy care as designated by the competent medical care establishment must have the period of social insurance premium payment of at least 3 months within 12 months before the time of childbirth.

4. An employee who fully satisfies the conditions specified in Clauses 2 and 3 of this Section and terminates the labor contract or working contract or retires before the time of childbirth or adoption of a child under 6 months old is still entitled to maternity allowance under Articles 34, 36, 38, and Clause 1, Article 39, of the 2014 Law on Social Insurance.