Sending a question to Vietnam Social Insurance, reader Nguyen Minh Anh said: "I am 7th month pregnant, my company has stopped operations and reported a reduction in all social insurance for employees.
According to the time before reporting the reduction, I paid for 6 months out of 12 months before the expected date of giving birth. Because the company owes me 14 months of social insurance contributions, I cannot close the social insurance book so that after giving birth, I can do my own maternity insurance policy.
May I ask, is it correct that I have to wait for the company to pay the social insurance debt before I can close the book and do maternity insurance myself? If the company is able to pay the debt or announce bankruptcy in 1 or 2 years, will I still be entitled to maternity benefits? ".
Vietnam Social Security answers this question as follows:
According to Clause 1, Article 86 of the Law on Social Insurance 2014, employers are responsible for monthly contributions of 3% to the sickness and maternity fund on the salary fund for social insurance contributions of employees to implement the settlement of sickness and maternity regimes for employees.
Clause 3, Article 18 of Decree No. 115/2015/ND-CP dated November 11, 2015 of the Government detailing a number of articles of the Law on Social Insurance on compulsory social insurance, employers are responsible for paying social insurance and unemployment insurance in full, including late payment interest according to regulations for employees eligible for social insurance or termination of labor contracts and work contracts to promptly resolve social insurance and unemployment insurance regimes for employees.
Regarding the conditions for receiving maternity benefits: Clause 2, Clause 3, Article 31 of the Law on Social Insurance 2014 stipulates that the conditions for receiving maternity benefits for female workers who give birth are to pay social insurance for at least 6 months within 12 months before giving birth or have paid social insurance for at least 12 months, and when pregnant must take time off work to take care of the pregnancy according to the prescription of a competent medical examination and treatment facility, they must pay social insurance for at least 3 months within 12 months before giving birth.
Clause 4, Article 31 of the Law on Social Insurance 2014 stipulates that employees who meet the conditions specified in Clauses 2 and 3 of this Article but terminate their labor contract, employment contract or quit before giving birth are still entitled to maternity benefits according to regulations.
Under the guidance of the Ministry of Labor, War Invalids and Social Affairs in Official Letter No. 1025/LDTBXH-BHXH dated March 23, 2023 and the guidance of Vietnam Social Insurance in Official Letter No. 1880/BHXH-CSXH dated June 21, 2023, the employee participating in social insurance at the employer has not paid enough social insurance to confirm the time to participate in the social insurance book to the time of the social insurance regime at the time of the labor regime at the time of the employee, if the employee reserved at the time of the labor regime at the time of the employee at the time of the employee, if the employee is on the time of the employee, if the employee is on the time of the employee, if the employee is on the time of the employee, if the employee is on the time of the labor regime, if the employee is on the time of the employee, if the employee is on the time of the employee, if the employee is on the time of the employee, the employee is on the time of the employee. In cases: The unit is bankrupt; The unit has made bankruptcy decisions; The unit no longer operates at the registered address; The unit has no legal representative.
When the social insurance money has not been paid by the unit or other financial resources and changes the allowance level, adjust the benefit level as prescribed by the policy (at the time the employee is eligible for additional conditions) for additional payment.
Vietnam Social Insurance provides the current law provisions for comparative workers, if eligible for maternity benefits as prescribed and the unit belongs to one of the cases mentioned in Official Letter No. 1880/BHXH-CSXH, contact the social insurance agency where the social insurance premium unit is confirmed in real-time social insurance payment on social insurance books and submit applications for maternity benefits for the social insurance agency for settlement as prescribed.
(The character's name has been changed).
