Sending a question to Vietnam Social Security, reader N.T.T.T said: "I would like to ask, are civil servants sent to study abroad, receive scholarships according to the Government's agreement, are paid 40% of their salary by the agency and participate in social insurance for more than 2 years, and if they have children without interrupting their studies, they will be entitled to maternity benefits? ".
Regarding this issue, Vietnam Social Security responds as follows:
Clause 2, Clause 3, Article 31 of the Law on Social Insurance 2014 stipulates the conditions for enjoying maternity benefits for female employees who give birth: Must pay compulsory social insurance for at least 6 months within 12 months before giving birth or have paid social insurance for at least 12 months, and must take time off work to take care of the fetus when pregnant according to the prescription of a competent medical examination and treatment facility, then 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: 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.
Because Ms. N.T.T.T has not provided specific information about the process of participating in social insurance contributions and during the time she was sent to study abroad by the agency, will the unit sending her to study pay compulsory social insurance for her? At the same time, there is no information about the time of giving birth, so Vietnam Social Insurance does not have a basis for specific answers.
Vietnam Social Insurance provides current legal regulations on maternity benefits for comparison with specific cases.
If she is eligible for maternity benefits, she should request the unit paying social insurance to prepare a dossier to request the settlement of her maternity benefits or submit a dossier to the provincial or district social insurance agency for settlement (in case she is eligible for maternity benefits but has quit her job or stopped paying social insurance before giving birth).
