Our State has set strict regulations on maternity insurance regime 2023 to protect the rights and interests of female workers. Currently, in the market providing insurance services in Vietnam, there are not many maternity insurance products for pregnant women, but therefore, there are some types of insurance that provide very practical maternity benefits for pregnant women, which are social insurance along with health insurance packages and health care insurance.

1. Concept of maternity insurance

Maternity insurance is considered a type of insurance for female workers, women who intend to have children. When using this type of insurance, pregnant women will enjoy the best health care services during pregnancy and childbirth. Maternity benefits are one of the additional optional benefits of the health insurance package. From there, the insurance participant will be paid by the insurance company for the employee part of the cost of regular pregnancy check-ups, childbirth costs and both cesarean and normal birth, as well as all costs of examination and treatment of pregnancy abnormalities and pregnancy complications.

2. Conditions for enjoying maternity benefits

According to the State’s regulations in the Law on Social Insurance 2014, employees participating in compulsory social insurance are entitled to maternity benefits if they fall into one of the following cases:

“Article 31. Conditions for enjoying maternity benefits

1. Employees are entitled to maternity benefits if they fall into one of the following cases:

a) Female employees who are pregnant;

b) Female employees who give birth;

c) Female employees who are surrogate mothers and mothers who request surrogacy;

d) Employees who adopt children under 6 months old;

e) Female employees who have an IUD inserted or are sterilized;

e) Male employees who are paying social insurance whose wives give birth.”

In addition, employees must also meet additional conditions regarding the time of participation to enjoy maternity benefits:

– Female employees who give birth, are raising a child under 6 months old, or are surrogate mothers and people who ask for surrogacy must pay social insurance for at least 6 months within 12 months before giving birth or adopting a child.

– Female employees who give birth and have paid social insurance for at least 12 months, but when pregnant, the employee must take time off work to rest as prescribed by a doctor, must pay social insurance for at least 3 months within 12 months before the child is born.

In addition, employees who also meet the above conditions and terminate their labor contracts can also quit their jobs before giving birth or adopting a child under 6 months old, according to regulations, they are still entitled to this regime.

3. Subjects eligible for maternity insurance

According to the current legal regulations set by the State, the subjects listed below are eligible for maternity benefits:

– People working under indefinite-term labor contracts, fixed-term labor contracts, or seasonal labor contracts, which can also be for a certain job within a term of 03 months to less than 12 months, regardless of whether the labor contract has been signed between the two parties, the employer and the legal representative of the person under 15 years old, as prescribed by the law on labor;

– Employees signing labor contracts with employers with a term of 01 month to less than 03 months;

– Civil servants, cadres, and public employees;

– Police workers, defense workers, and people working in other key organizations;

– Officers and professional soldiers of the People’s Army; Professional non-commissioned officers, technical non-commissioned officers of the People’s Public Security, officers; people doing secret work are entitled to receive salaries as military personnel;

– Business managers, cooperative managers and operators receive salaries.

4. Maternity benefit levels

According to the provisions of the law issued by the competent authority on maternity benefits in 2023, the maternity benefit levels are set out so that employees can enjoy the benefits they are currently enjoying.

4.1. Leave for prenatal check-ups

* Regarding the time female employees enjoy when having prenatal check-ups, as follows:

– During pregnancy, female employees are allowed to take leave from work to have their fetus examined 05 times, each time is 01 day; in case the pregnant employee is far from the medical examination and treatment facility or the pregnant employee has symptoms of illness or the fetus is abnormal, she is allowed to take 02 days off for each prenatal check-up.

– According to regulations, the time off from work to enjoy maternity benefits will be calculated based on the number of working days, excluding holidays, Tet holidays, and weekly days off.

* Instructions on how to enjoy the maternity leave allowance for days of prenatal check-ups:

– The monthly allowance is equal to 100% of the average monthly salary for social insurance contributions of the 6 months before taking maternity leave.

– In case the female employee is entitled to the maternity leave allowance when taking a prenatal check-up and has paid social insurance for less than 6 months, the maternity leave allowance is calculated as the average monthly salary for the months in which social insurance has been paid;

– The daily allowance for cases where the female employee is entitled to the maternity leave allowance when taking a prenatal check-up is calculated by dividing the monthly maternity leave allowance by 24 days.

From the above regulations, the formula for calculating maternity leave allowance when taking a prenatal check-up is as follows:

Maternity leave allowance = Number of days off x (100% of the average monthly salary for social insurance contributions of the 6 months before taking maternity leave/24)

4.1. One-time allowance when giving birth

According to Article 38 of the Law on Social Insurance 2014, when female employees give birth or adopt a child under 6 months old, they will receive a one-time allowance as follows:

One-time allowance/child = 2 x Basic salary

Note: Male employees are also entitled to a one-time allowance when their wife gives birth if they fall into one of the following cases:

– In a family where only the father participates in social insurance: The father must have paid social insurance for at least 6 months within 12 months before the child is born.

In the case of giving birth but only the father participates in social insurance, the father is also entitled to a one-time allowance equal to 2 times the basic salary in the month of birth for each child.

– The husband of the surrogate mother must also pay social insurance for at least 6 months within 12 months up to the time of receiving the child.

– In case the mother participates in social insurance but is not eligible for maternity benefits according to the law when giving birth: The father must pay social insurance for at least 6 months within 12 months before giving birth.

* Accordingly, in Decree 24/2023/ND-CP, the State has stipulated the current basic salary as 1,800,000 VND.

From the above regulations, it can be seen that the one-time allowance when giving birth will be calculated as follows: 1,800,000 VND x 02 = 3,600,000 VND.

4.2. Maternity benefits

– Maternity benefits when female employees give birth:

Benefit level = 100% x Average monthly salary for social insurance contributions for 6 months before leave x 6 months

In case the contribution period is not yet 6 months, the benefit level is calculated based on the average monthly salary of the months that have been paid.

– Allowance in other cases:

Benefit level = Average monthly salary for social insurance contributions for 6 months before leave: 24 x Number of days off

5. Frequently asked questions about maternity insurance regime 2023

5.1. How long is the maternity leave for male employees?

Time to enjoy the regime when male employees undergo sterilization

Male employees who undergo sterilization will be entitled to leave according to the instructions of the competent medical examination and treatment facility for a maximum period of 15 days.

This period includes holidays, Tet holidays, and weekly days off.

Time for male employees to enjoy the regime when their wives give birth

Male employees who are paying social insurance when their wives give birth are entitled to leave to enjoy the maternity regime as follows:

– 05 working days: This is a normal case.

– 07 working days: If the wife has to have a cesarean section or gives birth before 32 weeks of age.

– 10 working days: The wife gives birth to twins; From triplets or more, for each additional child, the employee is entitled to an additional 03 working days off.

– 14 working days: If the wife gives birth to twins or more and has to undergo surgery.

Note: This time off does not include holidays, Tet holidays, or weekly days off.

5.2. There are forms of receiving maternity benefits

Maternity benefits will be paid in cash and can also be transferred to the employee’s bank account.

5.3. After submitting a complete application, when will the employee receive the maternity benefits?

Within 10 days from the date the employee submits a complete and valid application, the competent social insurance agency must process the employee’s maternity records. However, the time it takes to process the records will depend on each record. If signs of fraud are detected, the social insurance agency may conduct an inspection of the employee’s records or may also conduct an inspection at the enterprise to verify.

5.4. Will the employee receive maternity benefits if she takes 5 months off before giving birth?

Also according to the provisions of Clause 2, Article 31 of the Law on Social Insurance 2014, female employees giving birth if they have paid social insurance for 6 months or more within 12 months before giving birth, the employee is eligible for maternity benefits.

Accordingly, in case the employee terminates the labor contract and stops paying social insurance 5 months before giving birth, but within 12 months before giving birth, the employee has paid social insurance for 6 months, she is still entitled to maternity benefits according to regulations.

5.5. What is the special meaning of maternity insurance?

Creating conditions for female employees to perform well the function of motherhood as well as to carry out social work.

Not only creating conditions for female employees but also creating conditions for male employees to fulfill their obligations when their wives give birth.

This also ensures income for employees during the maternity period.

Ensuring the health of workers while protecting the right to care of infants.

Above is the maternity insurance regime 2023 of VIET MY LAW AND ACCOUNTING. If you are facing difficulties with maternity insurance or other related issues, please come to us – a reputable and professional unit in this field.