The maternity regime in 2023 brings many important changes and adjustments, aiming to enhance the rights and support for female workers during pregnancy and childbirth. From allowance levels, maternity pay to maternity regime, the new regulations will be detailed to help workers better understand and protect their rights.

1. What is maternity regime?

Maternity regime is one of the important benefits that social insurance participants, including both men and women, enjoy during the maternity period from prenatal check-ups to raising young children. The purpose of this leave is to ensure and support part of the income and health of female workers during pregnancy, childbirth, and raising young children, as well as to implement contraceptive measures and support male workers when their wives give birth. This is an important guarantee to protect and care for the health and financial status of workers and their families during this important period.

2. Conditions for maternity regime in 2023

Pursuant to Article 31, Law on Social Insurance No. 58/2014/QH13 issued in 2014 by the National Assembly and Decree 115/2015/ND-CP of the Government, employees are entitled to maternity insurance when they meet both conditions on beneficiaries and the period of participation in compulsory social insurance as prescribed. Specifically as follows:

2.1 Conditions on beneficiaries

Employees in one of the following cases:

a) Female employees who are pregnant;

b) Female employees who give birth;

c) Employees who adopt children under 6 months old;

d) Female employees who have an IUD inserted or who perform sterilization measures;

dd) Female employees who are surrogate mothers and mothers who use surrogacy;

e) Male employees who are paying social insurance and whose wives give birth;

2.2 Conditions on social insurance payment period

This is also the answer to the question: “How long do I have to pay social insurance to be eligible for maternity regime?” which many employees are interested in. According to the latest information on maternity regime in 2023:

Employees specified in points b, c and d must pay social insurance for at least 06 months within 12 months before giving birth or adopting a child.

Employees specified in point b, clause 1 of this Article who have paid social insurance for at least 12 months and when pregnant must take time off work to rest as prescribed by a competent medical examination and treatment facility must pay social insurance for at least 03 months within 12 months before giving birth.

Thus, employees who meet both of the above conditions can apply for maternity regime in accordance with regulations.

In case the employee is not entitled to maternity insurance, he/she only meets one of the two conditions or both of the above conditions.

3. What are the procedures for enjoying maternity regime in 2023?

3.1 Submitting documents

To enjoy maternity regime, employees need to prepare and submit relevant documents to the social insurance agency or the enterprise they are working for, in accordance with the regulations mentioned above. This file usually includes necessary papers and documents such as pregnancy examination papers, ID cards, birth certificates of children, and other information related to the process of pregnancy and child care. Preparing and submitting documents in accordance with regulations is important to ensure rights and enjoy related benefits fully and promptly.

3.2 Receiving maternity regime results

During the process of processing documents, the time to resolve maternity regime may be subject to the following regulations:

• Maximum 06 working days from the date of receiving complete documents from the enterprise.
• Maximum 03 working days from the date of receiving complete documents from the employee.

For the convenience of employees, maternity regime can be received in the following forms:

• Through the workplace: maternity regime are transferred through the enterprise and the enterprise will directly pay the employee.
• Through personal account: maternity regime are transferred directly to the employee’s personal account.
• Directly received at the social insurance agency: Employees can go to the social insurance agency to directly receive maternity regime.
• Received through a legally authorized person: Employees can authorize another person to carry out the procedures for enjoying maternity regime and receive maternity regime on their behalf.

The above forms help employees be flexible in receiving maternity regime in a way that suits their convenience and personal choice.

4. Basic salary levels starting from 1.7.2023

4.1 One-time allowance

Before 1.7.2023, the one-time allowance granted to employees was VND 2,980,000. However, from 1.7.2023, this allowance has increased to VND 3,600,000, providing better financial support for employees when preparing to welcome a new member to the family.

4.2 Maternity allowance

Maternity allowance is calculated based on the formula: 100% of the average 6 months of salary paid for social insurance before maternity leave x number of months of leave.

This means that pregnant women will receive an amount based on the average salary of the 6 months before leave. This amount will help protect income and ensure financial stability during maternity leave.

4.3 Maternity allowance

Maternity allowance is an allowance to support the costs of raising and caring for young children. The allowance is calculated according to the formula: 30% x basic salary x number of days off. This means that a portion of the employee’s basic salary will be received during maternity leave to ensure the best development and care for their child.

Normal birth: Before 1.7.2023, the maternity allowance for women giving birth normally was VND 2,235,000. However, from 1.7.2023, this level has been adjusted and increased to VND 2,700,000. This ensures that pregnant women and women giving birth normally receive appropriate financial support in the process of preparing for and caring for their newborn child.

Caesarean section: For pregnant women and women giving birth by caesarean section, the previous maternity allowance was VND 3,129,000. However, from 1.7.2023, this has increased to VND 3,780,000. This is to ensure that women who undergo caesarean section receive significant financial support to ensure their health and recovery after giving birth.

Twins: For pregnant women and twins, the maternity allowance has increased to VND 5,400,000 from the previous VND 4,470,000. This is a welcome condition for pregnant women and twins, to meet the greater financial needs of caring for and raising two newborns.

5. Questions related to maternity regime in 2023

5.1 How to receive maternity regime?

To receive maternity regime, you need to prepare relevant documents, including maternity confirmation papers, a doctor’s health certificate, personal identification papers and other documents as prescribed by the social insurance agency. Then, you need to submit this document to the social insurance agency or the enterprise where you work according to regulations for approval and receipt of maternity regime.

5.2 If giving birth to twins, how many days off are female employees entitled to?

According to regulations, if giving birth to twins, female employees are entitled to 150 days off from work. This is a longer support period than giving birth to one baby.

5.3 What is the fastest way to receive maternity regime?

To receive maternity regime as quickly as possible, you should prepare all the necessary documents completely and accurately. In addition, you need to submit your application early and comply with the approval process of the social insurance agency or the company where you work. If you need further information, you can contact the social insurance agency for advice and assistance.

5.4 Can I apply for maternity regime while I am on social insurance leave?

Yes, you still have the right to apply for maternity regime while you are on social insurance leave. However, to enjoy this regime, you need to meet the conditions and procedures prescribed by the social insurance agency.

5.5 Does not having a prenatal check-up affect the receipt of maternity regime?

Not having a prenatal check-up does not directly affect the receipt of maternity regime. However, regular prenatal check-ups are recommended to ensure the health of the mother and fetus. Prenatal check-ups can help detect and monitor health problems, and provide accurate information to support decisions about maternity regime.

Maternity regime is an important and necessary benefit for employees during pregnancy, childbirth and childcare. Read the latest information on maternity regime in 2023 to fully prepare and submit documents as prescribed to receive support. The time for processing documents and forms of receiving maternity regime have been clearly regulated, creating favorable conditions for employees. This regime ensures income and health for employees during this process, while complying with legal regulations. VIET MY LAW AND ACCOUNTING hopes that the above information will be helpful to you.