- Clause 2 and Clause 3 Article 31 of the 2014 Law on Social Insurance stipulates the conditions for enjoying the maternity regime for female employees giving birth as follows: To enjoy the maternity regime, employees must have paid social insurance premiums for at least full 6 months within 12 months before childbirth or child adoption; and employees 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.

If your wife gave birth in June 2019, during the 12 months before giving birth (from June 2018 to May 2019), your wife had 12 months of payment of social insurance premiums so she is eligible to enjoy the maternity regime when giving birth.

- Clause 2, Article 49 of the Law on Employment provides the conditions for unemployment allowance receipt as follows:

+ For employees with labor contracts or working contracts of indefinite or definite time: Having paid unemployment insurance premiums for at least full 12 months within 24 months before terminating the labor contract or working contract.

+ For employees with seasonal or job-based working contracts with a term of between full 3 months and under 12 months: Having paid unemployment insurance premiums for at least full 12 months within 36 months before terminating the labor contract.

According to the current law, employees are not restricted to receiving the two above benefits at the same time, and these are two different benefits. Based on the above provisions, your wife, who meets both the conditions for enjoying the maternity regime and the unemployment insurance benefits, is fully entitled to these two benefits when simultaneously taking maternity leave, quitting her job and terminating the labor contract.

According to the provisions of Clause 1, Article 46 of the Employment Law, within 3 months after terminating his/her labor contract or working contract, a worker shall submit a dossier for receipt of unemployment allowance to an employment service center established by the state management agency in charge of employment. Based on the above provisions, in your wife's case, if she so far has not submitted the application for unemployment allowance, it has passed the deadline for application of unemployment allowance entitlement.

According to Article 45 of the Employment Law, the period of your wife's unearned unemployment insurance payment will be accumulated with the later time of participation in unemployment insurance payment (if any) to serve as a basis for calculation of entitlement when eligible as prescribed.