| No. | Content | Legal Basis | Note |
|---|---|---|---|
| 1 | Definition: Social insurance is a social security policy of the state to protect the interests of employees, this is a policy to ensure and offset a part of an employee’s real income when losing income. for cases of leave of work, maternity, sickness, labor accident, occupational disease, end of working age or death, on the basis of contribution to the social insurance fund Compulsory social insurance: - Sick; - Maternity; - Occupational accidents and diseases; - Retire; - Survivorship. | Clause 1 Article 3 Clause 1 Article 4 Law on Social Insurance | |
| 2 | Conditions to be entitled to the maternity regime: In one of the following cases: - Pregnant female employees; - Female workers give birth - Female employees are surrogates and the mother asks for surrogacy - The employee adopts a child under 6 months old; - Female employees put on IUDs, employees take sterilization measures; - Male employees who are paying social insurance premiums whose wives give birth to children. Case: Female employees give birth; female employees as surrogates and mothers asking for surrogacy; employees adopt children under 06 months old; must pay social insurance premiums for full 06 months or more within 12 months before giving birth or adopting a child. Case: A female employee who has given birth to a child and has paid social insurance premiums for full 12 months or more but has to take a leave of absence from work to take care of the pregnancy when she is pregnant under the direction of a competent medical examination and treatment establishment shall pay social insurance premiums. from full 03 months or more in the 12 months before giving birth. | Article 31 Law on Social Insurance | |
| 3 | Term to be entitled to benefits when giving birth: - Female employees giving birth are entitled to take maternity leave before and after giving birth for 6 months. In case female employees have twins or more, from the second child onwards, for each child, the mother is entitled to an extra month of leave. - The maximum period of maternity leave before giving birth is not more than 02 months. | Clause 1 Article 31 Law on Social Insurance | |
| 4 | Level of maternity benefits: The monthly allowance is equal to 100% of the average monthly salary on which social insurance premiums are based for the 06 months before taking leave for the maternity regime. | Article 39 Law on Social Insurance |
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