📋 Tender Overview
Ms. Dieu Minh Hien (Nam Dinh) is pregnant in the 7th month, her company stopped working and reported to reduce all social insurance of workers. Because the company is owed to 14 months of social insurance payment, she must not close the social insurance book so that after giving birth, the maternity social insurance regime is made. Ms. Hien asked, she had to wait for the company to pay the amount of social insurance debt to be able to close the book and to work as a maternity social insurance by itself? If 1 or 2 years from now, the company is able to pay debt or bankruptcy notice, will she still enjoy maternity benefits? In this regard, Vietnam Social Insurance responded as follows: According to Clause 1, Article 86, the employer has a 3% monthly responsibility to pay 3% into the sick and maternity fund on the salary fund to pay social insurance of workers to implement the illness and maternity regime for workers. At Clause 3, Article 18 of the Governments Decree No. 11/11/2015, detailing the labor social insurance law, the employer has the responsibility of the social insurance for compulsory social insurance for the use of the Labor. Including late -paying interests as prescribed for employees who are eligible for social insurance or termination of labor contracts, working contracts to promptly settle social insurance and unemployment insurance regimes for employees. Regarding the conditions of maternity allowance: In Clause 2, Clause 3, Article 31 of the Law on Social Insurance in 2014 stipulating the conditions for maternity benefits for women who give birth to children, they must pay social insurance from 6 months or more, before 12 months of pregnancy, but have to be 12 months before the pregnancy, but have to be in 12 months of social insurance. Out of work for pregnancy as prescribed by the competent medical examination and treatment facility, they must pay social insurance for full 3 months or more for 12 months before giving birth. At Clause 4, Article 31 of the Law on Social Insurance 2014 stipulates that employees are eligible for the conditions specified in Clauses 2 and 3 of this Article that terminates labor contracts, working contracts or quitting before childbirth is still entitled to maternity regime as prescribed by the Ministry of Labor, the Ministry 1025/LDTBXH-BHXH dated March 23, 2023 and guidance of Vietnam Social Insurance in Official Letter No. 1880/BHXH-CCSH dated June 21, 2023, employees participating in social insurance at the employer have not yet paid enough social insurance to confirm the time to participate in the social insurance book until the time of social insurance premium as a basis The unit has made bankruptcy decisions; The unit no longer operates at the registered address; The unit has no legal representative. 1880/BHXH-CSXH, please contact the social insurance agency where the social insurance premium unit is expected to be confirmed to pay real-time social insurance on social insurance books and submit the application for maternity benefits to the social insurance agency for settlement in accordance with the regulations.
