According to Article 94 of the Law on Social Insurance (SI), subjects with a period of voluntary payment or a period of compulsory social insurance payment and a period of voluntary social insurance payment of at least 6 months within 12 months before giving birth are entitled to maternity benefits when falling into one of the following cases: Female employees giving birth; male employees with wives giving birth.
In case only the mother participates in social insurance but the mother dies after giving birth, the father or the person directly raising her will receive maternity benefits.
In case both father and mother participate in social insurance and are eligible for maternity benefits as prescribed in Clause 1, Article 94 of the Law on Social Insurance 2024, only the father or mother is entitled to maternity benefits.
In case the person specified in Clause 1, Article 94 of the Law on Social Insurance 2024 is eligible for maternity allowance under voluntary social insurance and is eligible for maternity allowance under compulsory social insurance, he/she is only entitled to maternity allowance under compulsory social insurance.
In case the mother is eligible for maternity benefits under compulsory social insurance, the father is eligible for maternity benefits under voluntary social insurance, the mother is entitled to maternity benefits under compulsory social insurance and the father is entitled to maternity benefits under voluntary social insurance.
In case the father is eligible for maternity benefits under compulsory social insurance, the mother is eligible for maternity benefits under voluntary social insurance, the father is entitled to maternity benefits under compulsory social insurance and the mother is entitled to maternity benefits under voluntary social insurance.
