Subjects entitled to maternity benefits when participating in voluntary social insurance
According to Article 94 of the Law on Social Insurance No. 41/2024/QH15, the following subjects who participate in voluntary social insurance and meet the conditions will be entitled to maternity benefits:
- Female workers/male workers whose wives give birth must pay voluntary social insurance/pay both compulsory social insurance and voluntary social insurance for at least 6 months in the 12 months before giving birth.
- Mother participating in social insurance dies after giving birth: Father/direct caregiver is entitled to maternity allowance.
- Both father and mother participating in social insurance are eligible to receive according to condition (1): Only father/mother is entitled to maternity allowance (2 million VND/child)
- Female/male workers whose wives give birth are both eligible for maternity benefits in voluntary social insurance and eligible for maternity benefits in compulsory social insurance: Only eligible for maternity benefits in compulsory social insurance.
- Mother is eligible for maternity benefits in compulsory social insurance, father is eligible for maternity benefits in voluntary social insurance: Mother is eligible for maternity benefits in compulsory social insurance, father is eligible for maternity benefits of 2 million VND/child in voluntary social insurance.
- Father is eligible for maternity benefits in compulsory social insurance, mother is eligible for maternity benefits in voluntary social insurance: Father is eligible for maternity benefits in compulsory social insurance, mother is eligible for maternity benefits of 2 million VND/child in voluntary social insurance.
Documents to prepare
According to Article 96 of the Law on Social Insurance 2024, voluntary social insurance participants need to prepare a maternity allowance application file with one of the following documents:
* In case of female employee giving birth/male employee whose wife gives birth:
- Birth certificate (copy)
- Birth certificate extract
- Birth certificate (copy)
* In case of fetal death in the uterus, during labor or the child dies after birth without being issued a birth certificate:
- Summary of medical records showing information about the deceased child (original/copy).
- Hospital discharge papers of female workers giving birth showing information about the child's death (original/copy).
- Child's death certificate (copy).
- Confirmation document from the People's Committee of the commune in case the child dies within 24 hours after birth.
Step 1. Prepare complete documents
Step 2. Submit complete application to the Social Insurance agency within 60 days from the date of birth or death of the child.
Step 3. The Social Insurance Agency will process the employee's application within 5 working days.
In case of non-resolve, the Social Insurance agency must respond in writing and state the reason.
