MATERNITY REGIMES UNDER THE LAW 

1. Legal basis

• Article 31 of Law on Social Insurance 2014.
• Circular No.: 59/2015/TT-BLDTBXH on detailing and guiding the implementation of some articles of the law on social insurance on compulsory social insurance

2. Content

Maternity regimes are the regimes that workers participate in Social Insurance when they give birth, adopt a child or become pregnant. This is one of the regulations that show the humanity of the law. Under the law, female employees who give birth, adopt children, or surrogate pay insurance in full months in accordance with the Law on Social Insurance, they will be entitled to enjoy maternity benefits. Besides, when a female employee does not participate in social insurance but her husband does, the maternity regime will be applied to her husband.

Employees shall be covered by the maternity regime in one of the following cases:

a/ Pregnant female employees;

b/ Female employees giving birth to children;

c/ Female employees as surrogate mothers and intended mothers;

d/ Employees adopting under-6-month children;

dd/ Female employees having intrauterine devices or employees taking sterilization measures;

e/ Male employees currently paying social insurance premiums whose wives give birth to children.

As can be seen, there are 6 cases in which employees shall covered by the maternity regime in one of the above cases.

However, in addition to the conditions of the beneficiaries, employees shall also meet certain conditions in accordance with the law. As follows:

• Pay compulsory social insurance for 6 months or more within 12 months before childbirth or adoption:

+Female employees giving birth to children;

+ Female employees as surrogate mothers and intended mothers;

+ Employees adopting children under 6 months old

• Pay compulsory social insurance for 3 months or more within 12 months in case female employees have to take temporary termination for pregnancy maintenance under the designation of a competent medical examination and treatment facility.

 Female employees who meet one of the two conditions above terminate labor contract or terminate before giving birth to children or adopting children under 6 months old shall enjoy maternity regimes.