Intermittent social insurance payment, can I enjoy maternity benefits?

Office of Legal Consulting Lao Dong Newspaper replied:

Article 31 of the 2014 Law on Social Insurance stipulates the conditions for enjoying maternity benefits as follows:

1. Employees are entitled to maternity benefits when they fall into one of the following cases:

a) Pregnant female workers;

b) Female workers giving birth;

c) Female workers who are surrogate mothers and mothers who request surrogacy;

d) Employees adopting children under 6 months old;

d) Female workers using IUDs, workers undergoing sterilization;

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

2. Employees specified in Points b, c and d, Clause 1 of this Article must pay social insurance for at least 6 months within 12 months before giving birth or adopting a child.

3. Employees specified in Point b, Clause 1 of this Article who have paid social insurance for 12 months or more and must take time off work to rest during pregnancy as prescribed by a competent medical examination and treatment facility must pay social insurance for 3 months or more within the 12 months before giving birth.

4. Employees who meet the conditions specified in Clauses 2 and 3 of this Article but terminate their labor contract, employment contract or quit their job before giving birth or adopting a child under 6 months old are still entitled to maternity benefits as prescribed in Articles 34, 36, 38 and Clause 1, Article 39 of this Law.

Thus, depending on whether or not the pregnant employee has to take time off work to rest as prescribed by a competent medical facility, the employee only needs to pay social insurance for 3 or 6 months (not continuously) to be eligible for maternity benefits.