Regarding this issue, Vietnam Social Security responds as follows:
Clause 2, Clause 3, Article 31 of the 2014 Law on Social Insurance stipulates the conditions for enjoying maternity benefits for female employees giving birth as follows: Must have paid compulsory social insurance for at least 6 months within 12 months before giving birth or have paid social insurance for at least 12 months but when pregnant must take time off work to rest as prescribed by a competent medical examination and treatment facility, must have paid social insurance for at least 3 months within 12 months before giving birth.
Clause 4, Article 31 of the 2014 Law on Social Insurance stipulates: Employees who meet the conditions specified in Clauses 2 and 3 of this Article but terminate their labor contract, work contract or quit their job before giving birth are still entitled to maternity benefits according to regulations.
Because Ms. Nguyen Thi Thanh Trung has not provided specific information about her social insurance participation process and during the time she was sent to study abroad by her agency, did the agency that sent her to study pay compulsory social insurance for her or not? At the same time, there is no information about the time of giving birth, so Vietnam Social Security has no basis to give a specific answer.
Vietnam Social Security provides current legal regulations on conditions for maternity benefits for you to compare with your specific case.
In case you are eligible for maternity benefits, you should request the unit that is paying social insurance to prepare a request for maternity benefits or submit a request to the provincial or district social insurance agency to resolve it (in case you are eligible for maternity benefits but have quit your job and stopped paying social insurance before giving birth).
Government.vn
Source: https://baochinhphu.vn/vien-chuc-di-hoc-nuoc-ngoai-co-duoc-huong-che-do-thai-san-102250317084217685.htm
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