Maternity benefits from July 1, 2023 will change and have new points that directly affect workers. The increase in basic salary also means that social insurance benefits will also increase, including maternity benefits. Therefore, it will be very beneficial for mothers who give birth in the last six months of the year because the allowance level will increase. Let’s learn about the new regulations on maternity benefits with Viet My in this article so you can ensure your own rights!

1. What is maternity benefits?

Maternity leave is one of the benefits that social insurance participants (regardless of gender) must use during their maternity period, from medical examination to raising a child. This regulation aims to ensure and partially support pregnancy, childbirth, child rearing, contraceptive measures for female workers, and income and health when giving birth for the wives of male workers.

2. What conditions must employees meet to enjoy maternity benefits?

For employees: If you fall into one of two cases:

• Have paid social insurance for 6 months in the 12 months before giving birth.
• Have paid social insurance for 12 months or more but when you become pregnant, you have to take time off work to rest and during that time you have paid compulsory social insurance for 3 months or more in the 12 months before giving birth

Note: Even if the employee terminates the labor contract or quits the job before the leave date and pays social insurance on time in the above cases, they are still entitled to compulsory maternity benefits.

At this time, the employee must submit the application for maternity benefits to the social insurance agency where they reside without going through the company.

3. Maternity benefits from July 1, 2023, employees will receive many increased allowances

a. Increase in one-time allowance when giving birth from July 1, 2023

Firstly, from July 1, 2023, the one-time allowance after giving birth will increase.

According to Article 38 of the 2014 Law on Social Insurance, when giving birth, female employees are entitled to receive a lump sum equal to twice the basic salary in the month of birth for each child.

When a child is born, the father is entitled to this payment if he is the only one participating in social insurance.

Thus, if the employee gives birth before July 1, 2023, the basic salary is 1.49 million VND/month and this allowance is only 2.98 million VND. This is an increase of more than 600,000 VND and is the highest increase in the one-time allowance for employees after giving birth.

b. Increase in post-natal care and recuperation allowances from July 1, 2023

In addition, from July 1, 2023, post-retirement benefits for employees will be significantly increased.

Article 41 of the Law on Social Insurance stipulates that employees whose health has not recovered within the first 30 working days after maternity leave are entitled to recuperation and recuperation for 5 to 10 days before that. Specifically, a maximum of 10 days for twins, a maximum of 7 days for cesarean section and a maximum of 5 days for normal birth.

During this period, female employees are subsidized for one day equal to 30% of the base salary. During these 5 days, female employees are subsidized 540,000 VND/day. The total for 5 days is 2.7 million VND. This allowance is only 2,235,000 VND compared to the basic monthly salary of 1,490,000 VND.

Above are the two allowances that female workers receive when giving birth that will be increased according to the new basic salary from July 1, 2023. These two allowances may be significantly higher than before. When calculating the total increase, most workers who give birth will receive an increase of more than VND 1 million. Good news for mothers planning to give birth after this date.

The remaining maximum amount that female workers receive when giving birth is the maternity allowance and 6 months of the average monthly salary used as the basis for social insurance contributions, which remains unchanged. Because the allowance level does not depend on the basic salary but on the social insurance contribution salary of female workers as prescribed in Article 39 of the Social Insurance Law 2014.

c. Increase in one-time allowance for childbirth or adoption from 1/7/2023

Article 38 of the 2014 Law on Social Insurance stipulates:

Employees who give birth or adopt a child under 6 months old will receive a one-time allowance equal to twice the basic salary of the month of childbirth or adoption.

In case at the time of childbirth only the father participates in social insurance, the father will receive a one-time allowance equal to twice the basic salary for each child in the month of childbirth.

Therefore, from 1/7/2023, the one-time allowance for childbirth or adoption will increase from 2,980,000 VND to 3,600,000 VND/ child according to the above regulations.

4. What benefits will employees receive when giving birth in 2023?

Maternity benefits from July 1, 2023 will have significant changes that benefit employees when giving birth.

4.1 Maternity benefits when female employees give birth

When giving birth in 2023, female employees will enjoy 03 maternity benefits in 2023, including:

One-time allowance when giving birth (based on Article 38 of the Law on Social Insurance 2014)

If a female employee gives birth, in the month of giving birth or adopting a child, the female employee will temporarily receive a child allowance equal to twice the basic salary.

One-time allowance/child = 2 x Basic salary

Maternity allowance stipulated in Clause 1, Article 34 and Clause 1, Article 39 of the Law on Social Insurance 2014

When an employee gives birth, she is entitled to 6 months of maternity leave before and after giving birth. In case the employee gives birth to twins or more, after the birth of the second child, the mother is entitled to 1 additional month of leave for each child.

Maternity allowance = 100% x Average monthly salary for social insurance contributions for 6 months before taking leave x Number of months of leave

Note: The amount of maternity allowance depends on the specific salary for compulsory social insurance contributions and the number of months of maternity leave of the employee.

Postpartum recuperation allowance is applied according to Article 41 of the Law on Social Insurance 2014

Considered to be entitled to recuperation and health recovery leave of 5-10 days (including holidays) for employees who are sick within the first 30 working days immediately after maternity leave.

Employees receive the following allowances for postpartum recuperation and rehabilitation costs for each day off:

Postpartum recuperation allowance/day = 30% x Basic salary

4.2 Maternity benefits when male workers have wives giving birth

In case the wife gives birth, the male worker is entitled to 02 maternity benefits as follows:

One-time allowance when the wife gives birth (in case the wife does not participate in social insurance or participates in social insurance but is not eligible for maternity benefits) (According to Article 9, Clause 2, Circular 59/2015/TT-BLDTBXH, supplemented by Circular 06/2021/TT-BLDTBXH, Article 1, Clause 5)

Male workers whose wives give birth in one of the following cases are entitled to a one-time allowance.

In case only the father participates in social insurance, he must pay social insurance for at least 6 months within 12 months before giving birth.

In case the mother participates in social insurance but is not entitled to maternity benefits at the time of giving birth and the father has paid social insurance for at least 6 months in the 12 months before giving birth, the father is entitled to a one-time allowance according to the provisions of Article 38 of the Law on Social Insurance 2014 as follows: One-time allowance/child = 2 x Basic salary

Maternity allowance according to the provisions of Clause 2, Article 34 of the Law on Social Insurance 2014

Male employees who pay social insurance when their wives give birth are entitled to maternity benefits as follows:

• 5 working days.
• 07 working days if the wife has a cesarean section or gives birth before 32 weeks.
• In case the wife gives birth to twins, she is entitled to 10 working days off, from the third birth onwards, each additional child is entitled to 03 working days off.
• In case the wife gives birth to twins or more and has a cesarean section, she is entitled to 14 working days off.

Note: The above maternity leave is calculated within 30 days from the woman’s date of birth.

On each holiday, male employees are entitled to maternity benefits from the Social Insurance Agency according to the provisions of Article 39 of the Social Insurance Law 2014 as follows:

Maternity allowance = 100% x average monthly social insurance contribution level for the 6 months before retirement: 24 x number of days off

The amount of maternity benefits is determined by the specific salary level for compulsory social insurance contribution and the number of days off for each employee.

5. In 2023, which month will give birth to a child to enjoy more favorable maternity benefits?

In 2023, the basic salary will change from VND 1,490,000 to VND 1,800,000 from July 1, 2023 according to Resolution 69/2022/QH15 on the state budget in 2023. The National Assembly approved it on November 11, 2022. Therefore, the basic salary in 2023 will be divided into two levels.

• Phase 1 (from January 1, 2023 to June 30, 2023) the basic salary is VND 1,490,000/month.
• Phase 2 (From July 1, 2023 to December 31, 2023) The basic salary is 1,800,000 VND/month.

Thus, based on the maternity benefits of employees stated in Section 2, it can be seen that the maternity benefits when giving birth will also be different in each period as follows:

Therefore, if the employee gives birth within the last 6 months of 2023 (maternity leave from July 1, 2023), the one-time allowance upon childbirth will be increased to VND 620,000/child. The postnatal care allowance for female employees will also be increased by VND 93,000/day.

6. Frequently asked questions related to maternity leave

6.1 How long is the maternity leave period according to regulations?

Female employees have the right to leave the workplace five times a day for prenatal check-ups. Each prenatal check-up is entitled to 2 days off if the patient is far from the clinic or the pregnant woman is sick or has an ectopic pregnancy
The time off work to enjoy maternity leave as stated in this article is calculated according to working days, excluding holidays, year-end holidays, Tet holidays and weekly days off.

6.2 How long is the maternity leave period according to regulations?

Employees who give birth are entitled to 6 months of maternity leave before and after giving birth.

In the case of employees who give birth to twins or more, after the birth of the second child, the mother is entitled to an additional 1 month of leave for each child. The maternity leave period before giving birth is not more than two months.

6.3 Are you entitled to maternity leave during your annual leave?

According to the guidance of the Ministry of Labor – Invalids and Social Affairs in Official Dispatch No. 4831/LĐTBXH-BHXH dated November 17, 2017, point 1.2, clause 1, employees are not entitled to receive salary during annual leave, which is in accordance with regulations. maternity regime according to Articles 32 and 33 of the Law on Social Insurance 2014 and health care and rehabilitation regime according to Article 41.

6.4 Can I supplement maternity regime?

If your company’s employees meet the prescribed conditions, you should submit the application to the Social Insurance agency so that the company can receive and resolve it on your behalf. However, the Social Insurance Agency has a system to verify the requests of social security beneficiaries. If the employee provides incorrect information about maternity regime for his wife, the competent authority will handle it according to the law.

6.5 When the wife gives birth, if the husband does not continuously pay enough social insurance, is he entitled to receive childcare leave pay?

Article 31, Clause 1 of the Law on Social Insurance stipulates the conditions for receiving maternity benefits for male workers as follows: “Male workers who pay social insurance have a wife and children.” According to the above regulations, the husband is entitled to maternity benefits when his wife gives birth, provided that he has paid social insurance at the time of giving birth.

In the above article, VIET MY LAW AND ACCOUNTING has provided readers with regulations on maternity benefits from July 1, 2023. If you have any questions about maternity leave, salary or social insurance, please contact us for answers!