If my husband participates in social insurance for 5 months, will he be entitled to maternity benefits in Vietnam?

If my husband participates in social insurance for 5 months, will he be entitled to maternity benefits in Vietnam?

According to Clause 3, Article 9 of Circular 59/2015/TT-BLDTBXH (added by Clause 5, Article 1 of Circular 06/2021/TT-BLDTBXH) stipulating conditions to enjoy maternity benefits, in which:

The conditions to be entitled to maternity benefits of female employee who gives a birth, is a surrogate mother, a mother requesting surrogacy and employee who adopt a child under 06 months of age are specified in Clause 2 and 3, Article 31 of the Law on social insurance; Clause 3, Article 3 and Clause 1, Article 4 of Decree No. 115/2015/ND-CP with the following guidelines:

1. The period of 12 months before giving a birth or adopting a child is defined as follows:

a) In case of giving a birth a adopting a child before the 15^th date of a month, the month of birth giving or adoption shall not be included in the period of 12 months before birth giving or adoption.

b) In case of giving a birth a adopting a child on 15^th date onwards of a month and the social insurance is paid for such month, therefore the month of birth giving or adoption shall be included in the period of 12 months before birth giving or adoption. In case the social insurance is not paid for such month, the provisions under Point a of this Clause shall be applied.

Ex 13: Ms A gives a birth on 18/01/2017 and in 01/2017, she participates in social insurance. The period of 12 months before her birth giving is calculated from 02/2016 to 01/2017. If in this period of time, Ms A pays the social insurance from full 06 months or more or from 03 months or more in case of taking leave for prenatal care as ordered by the competent medical facility, Ms A is entitled to the prescribed maternity benefits.

Ex 14: In 8/2017, Ms B terminates her labor contract and gives a birth on 14/12/2017. The period of 12 months before birth giving is calculated from 12/2016 to 11/2017. If in this period of time, Ms B pays the social insurance for full 06 months or more or 03 months or more in case of taking leave for prenatal care as ordered by the competent medical facility, Ms B is entitled to the prescribed maternity benefits.

2. The conditions to enjoy the one-time subsidys upon birth giving are guided as follows:

a) In case only the father participates in the social insurance, the father must pay the social insurance from full 06 month or more within the period of 12 months before birth giving;

b) For the husband of the mother requesting surrogacy who must pay the social insurance from full 06 months or more within a period of 12 months to the time of child receipt.

3. During the time of work before the end of maternity leave, the female employees must take leave for pregnancy examination, miscarriage, abortion, stillbirth, pathological abortion, contraceptive measures, they shall be entitled to the maternity benefits as stipulated in Articles 32, 33 and 37 of the Law on social insurance.

Thus, in case you do not pay social insurance premiums but only your husband participates in social insurance, he must meet the conditions of paying full 06 months in the 12 months before giving birth. Therefore, in this case, your husband is not eligible to receive a one-time allowance when giving birth.

Best Regards!