Currently, regulations on maternity leave are recorded in a series of legal documents. However, employees must ensure that they are conditions for maternity benefits 2023 to be eligible. Female workers are playing an active role in all areas, including life, economy and society. In addition to participating in labor and contributing to society, female workers are also responsible for giving birth, raising children and performing household chores. For this reason, maternity leave in social insurance for employees is always focused on and in the social insurance system it is considered mandatory. Please read Viet My’s article to better understand the regulations on maternity benefits!

1. Who is eligible for maternity benefits in 2023?

According to Article 30 of the Law on Social Insurance 2014 and Article 7 of the Decree on social insurance guidelines for foreigners, both Vietnamese and foreign employees working in Vietnam (including both men and women) working in Vietnam will have the opportunity to enjoy maternity benefits in 2023 if they fall into the following cases:

Vietnamese employees fall into one of the following cases:

• People working under labor contracts must be at least one month old.
• Cadres, civil servants, public employees.
• Defense and police personnel, subjects working in key organizations.
• Subjects are officers and professional soldiers of the Vietnam People’s Army. Officers, professional non-commissioned officers, sergeants, technical non-commissioned officers in the People’s Police; people working in key work are entitled to salaries as soldiers.
• Business managers and cooperative managers are entitled to receive salaries.

Foreigners working in Vietnam with a work permit/practice certificate or legal professional degree and having signed a labor contract with a Vietnamese employer for at least 01 year. However, except for those who are transferred within the company and those who have reached retirement age.

2. What are the conditions for maternity benefits 2023?

Not all subjects are entitled to maternity benefits but must meet the conditions for enjoying maternity benefits according to current legal regulations in 2023. According to the provisions of Article 31 of the Law on Social Insurance No. 58/2014/QH13 issued by the National Assembly in 2014 and Decree 115/2015/ND-CP of the Government, employees are entitled to enjoy maternity benefits if they meet the following conditions for enjoying maternity benefits in 2023: At the same time, fully comply with the conditions for meeting the conditions for enjoying beneficiaries and the period of participation in compulsory social insurance.

2.1 Conditions for beneficiaries

Employees are one of the following subjects:

• Pregnant female workers;
• Female workers giving birth;
• Employees who adopt children under 6 months old;
• The subjects are female workers who have IUDs inserted and undergo sterilization;
• The subjects are female workers who are surrogate mothers and female workers who have surrogacy;
• The subjects are male workers who pay social insurance and have wives who give birth;

2.2 Conditions on social insurance payment period

Female employees giving birth; employees adopting children under 6 months old; female employees inserting IUDs or performing sterilization measures; must pay social insurance for at least six months within 12 months before giving birth or adopting a child.

Employees under Point b, Clause 1, Article 31 who have paid social insurance for 12 months or more and must take leave for appropriate medical examination must pay 12 months of social insurance. From 12 months to 3 months or more before giving birth.

Accordingly, employees who meet the conditions in both Articles 2.1 and 2.2 above are entitled to maternity benefits according to the Regulations.

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

3. Social insurance maternity benefits in 2023

The calculation of maternity benefits in 2023 is applied according to the following formula: Benefit level = (Mbq6t x 100% x L)

In which:

• Mbq6t: Average salary for insurance payment in the 6 consecutive months before leaving work.
• L: Number of months off work due to childbirth or adoption.

The basic salary is the basis for calculating maternity benefits. According to Article 38 of the current Social Insurance Law 2014, “Female employees who give birth are entitled to a one-time allowance for each child equal to twice the basic salary in the month of giving birth. In the case of giving birth but the mother does not participate in insurance and only the father participates in social insurance, the father will receive a one-time allowance equal to 2 times the basic salary in the month of birth for each child

On the other hand, according to Article 41 of the Law on Social Insurance 2014, if a female employee has submitted a maternity insurance application within the first 30 days of work but her health has not recovered, she will be entitled to a 5-10 day leave to recuperate and recover. Female employees after giving birth will receive a one-day allowance equal to 30% of the basic salary. In 2023, it is expected that the basic salary will be adjusted from July 1, 2023.

From January 1, 2023 to July 1, 2023, the basic salary will be 1,490,000 VND.

Thus, if the employee gives birth or adopts a child during this period, the daily allowance received will be: VND 1,490,000 x 30% = VND 447,000.

From July 1, 2023, the basic salary will increase to VND 1,800,000. This amount corresponds to one day of maternity benefits that the beneficiary receives: VND 1,800,000 x 30% = VND 540,000.

3.1 Postpartum recuperation regime

According to Article 41 of the Law on Social Insurance 2014, after the end of maternity leave within 30 days from the date of starting work, employees whose health has not recovered are entitled to recuperation and health recovery regime from 5 to 10 days.

Employees are entitled to a daily allowance equal to 30% of the basic salary from the pension fund.

Before July 1, 2023, the basic salary is VND 1,490,000/month, so the postpartum recuperation allowance will be VND 447,000/day.

From July 1, 2023, the basic salary is VND 1,800,000/month, so the postpartum recuperation allowance is VND 540,000/day.

3.2 Husbands are entitled to paid leave when their wives give birth

According to regulations, when the wife gives birth, the husband who pays social insurance is entitled to maternity benefits and full salary even when he is off work. According to regulations in Clause 34 of the Social Insurance Law 2014, a husband whose wife gives birth is entitled to leave work as follows

• 5 days off for normal childbirth.
• In case your wife has to have a caesarean section or the fetus is under 32 weeks old, you are entitled to 7 days off.
• In case of twins, triplets… you are exempted from 10 working days, each additional child is entitled to 03 working days off, but not more than 14 working days.
• Women who give birth to twins or more who need surgery will be entitled to 14 days off.

However, for male employees, it is necessary to pay attention to the number of days off, including holidays, Tet and weekly days off. The time off for male employees is calculated for a maximum of 30 days from the date the wife gives birth. In case a male employee takes leave before his wife gives birth, that leave is considered as vacation or unpaid leave.

4. Regulations on maternity leave in 2023

Maternity leave includes a number of specific activities during maternity leave and has detailed regulations on the number of maternity leaves.

Article 32 of the 2014 Law on Social Insurance stipulates “maternity leave for prenatal check-ups” as follows:

• During pregnancy, female employees have the right to take leave to go for prenatal check-ups five times, one time each time. For each prenatal check-up, female employees will be given 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 from work to enjoy maternity leave for prenatal check-ups is calculated according to working days, excluding holidays, year-end holidays, Tet holidays, and weekly days off.

According to Article 33 of the 2014 Law on Social Insurance, female employees are entitled to maternity leave in the event of miscarriage, abortion, abortion, stillbirth, or stillbirth. The product has been tested and treated by a medical facility with appropriate instructions.

The period of maternity leave in case of miscarriage is regulated as follows: 10 days if the pregnancy is less than 5 weeks; 20 days from the 5th to the 13th week of pregnancy; 40 days from the 13th to the 25th week of pregnancy; 50 days if the pregnancy is 25 weeks or more.

The period of maternity leave in case of miscarriage includes holidays, year-end holidays, New Year holidays, and weekly days off.

Article 34 of the 2014 Law on Social Insurance stipulates the “period of maternity leave in case of childbirth” as follows:

• Female employees who give birth are entitled to 6 months of maternity leave before and after giving birth.
• In case of a female employee who gives birth to twins or more, after the birth of the second child, the mother is entitled to an additional 01 month of leave for each child.

The maximum period of maternity leave before giving birth must not exceed two months.

Male employees who pay social insurance when their wives give birth are entitled to maternity benefits as follows: 5 working days. 7 working days if the wife gives birth by caesarean section or the child is under 32 weeks old. In case of twins, they are entitled to 10 working days and an additional 03 working days off for each additional child after the birth of triplets; 14 working days off if twins or more are born by caesarean section.

Article 36 of the Law on Social Insurance 2014 stipulates the period of maternity benefits when adopting children.

Accordingly, employees who adopt children under six months old are entitled to maternity benefits until the child is six months old.

If both father and mother participate in social insurance and fully meet the requirements to enjoy maternity benefits under Article 31 of the Law on Social Insurance 2014, only one parent is entitled to this benefit. receive

Article 37 of the Law on Social Insurance 2014 stipulates the period of time you can enjoy maternity benefits when using contraceptive measures.

Therefore, when using contraceptive measures, employees have the right to comply with the regulations on maternity benefits established by the responsible medical examination and treatment facility. The maximum leave period is prescribed as follows: 7 days for female employees using IUDs. 15 days for employees performing sterilization procedures.

Holidays, year-end holidays, Tet holidays, and weekly days off are the days you are entitled to enjoy maternity benefits when using contraceptive measures.

5. Frequently asked questions related to maternity benefits

5.1 Are you entitled to maternity benefits if you have a third child?

Article 31 of the Social Insurance Law 2014 stipulates the conditions for enjoying social insurance maternity benefits. In particular, the law does not impose a limit on the number of births covered by insurance. Therefore, if an employee has a third child and meets the conditions specified in Article 31, he/she will continue to enjoy social insurance maternity benefits.

5.2 Are you entitled to maternity benefits if you stop paying social insurance?

If you stop paying social insurance, you will still be entitled to maternity benefits if you meet the conditions specified in Article 31 of the Social Insurance Law 2014.

5.3 Are you entitled to maternity benefits if you pay insurance intermittently?

If you stop paying social insurance, you are still entitled to maternity benefits if you meet the conditions specified in Article 31 of the Social Insurance Law 2014.

To receive maternity insurance, you must meet the conditions specified in Article 31 of the Social Insurance Law 2014. Furthermore, Article 9 of Circular 59/2015/TT-BLDTBXH also describes the detailed costs of maternity benefits. Therefore, there is no law requiring continuous payments after six months. Therefore, payments are suspended, but you are still entitled to receive maternity benefits

5.4 How long does it take to receive postpartum recovery benefits in 2023?

According to Article 103 of the Social Insurance Law 2014, employers must complete the application and submit it to the social insurance agency within 10 days from the date the employee is entitled to postpartum recovery benefits.

5.5 What to do to receive maternity benefits after giving birth in 2023?

According to Resolution 166/QD-BHXH, Article 4, Sentence 2, Point 2.4, the document guides the Social Insurance agency to calculate the maternity benefits after giving birth for employees. How to calculate the sickness, maternity, and convalescence benefits List of requirements for compulsory convalescence and convalescence benefits of employers.

Hopefully, with the information we shared above about the conditions for maternity benefits 2023, VIET MY LAW AND ACCOUNTING has helped you better understand the social insurance maternity regime. For any questions about maternity benefits, social insurance or other legal issues, please contact us.