According to Clause 1,2 Article 31, Law on Social Insurance 2014 regulates the conditions for enjoying maternity leave as following:

“1. Employees shall be covered by the maternity regime in one of the following cases:

 a/ Pregnant female employees;

 b/ Female employees giving birth to children;

c/ Female employees as surrogate mothers and intended mothers;

d/ Employees adopting under-6-month children; dd/ Female employees having intrauterine devices or employees taking sterilization measures;

e/ Male employees currently paid social insurance premiums whose wives give birth to children.

2. To enjoy the maternity regime, employees defined at Points b, c and d, Clause 1 of this Article must have paid social insurance premiums for at least full 6 months within 12 months before childbirth or child adoption.

Clause 1 point 9 of Circular 59/2015/TT-BLDTBXH on Dec 29^th 2015 guides  condition on maternity guidance as following:

“12 months before giving birth or adopting child is defined as following:

1. In case of giving a birth a adopting a child before the 15^th date of a month, the month of birth giving or adoption shall not be included in the period of 12 months before birth giving or adoption.
2. In case of giving a birth a adopting a child on 15^th date onwards of a month and the social insurance is paid for such month, therefore the month of birth giving or adoption shall be included in the period of 12 months before birth giving or adoption.

Therefore, to enjoy maternity benefits, you must have paid social insurance premiums for at least full 6 months within 12 months before childbirth. At the time you give birth, if you satisfy condition of enjoying maternity benefit and stop participating social insurance, you shall receive this benefit directly at district social security office where the participant live.

The record requesting to enjoy maternity benefit for giving birth regulated at the content 2.2.2, detail 2.2 clause 2, article 4, Decision 166/QD-BHXH of VSS issuing the process on solving social insurance regime enjoyment, paying social and unemployment insurance.

Viet Nam Social Security provides the regulation for more detail. Please contact hot line 19009068.