I worked and contributed social insurance from Nov 2020 to Sept 2022, then I left my job because I had five-month pregnant. My company returned my resignation decision and social insurance book attaching the paper on “maternity leave regime after leaving job” consisting of conditions and papers (resignation dicision, social insurance book and child’s birth certificate). So, I want to know whether I can enjoy maternity benefits although I had left the company. I hope to receive your answer. Thank you so much.
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 29th 2015 guides condition on maternity guidance as following:
“12 months before giving birth or adopting child is defined as following:
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.
Work Injury and Occupational Disease
Medical (Health Insurance)
Certificate of coverage
VSS - ISSA Guidelines on Social Security