CAN A PERSON WHO PARTICIPATES IN BOTH COMPULSORY AND VOLUNTARY SOCIAL INSURANCE RECEIVE MATERNITY BENEFITS BASED ON THE COMBINED CONTRIBUTION PERIOD?

Participating in both compulsory social insurance (SI) and voluntary social insurance has become increasingly common among employees. However, many people are still uncertain whether the contribution periods under these two schemes can be combined for the purpose of qualifying for maternity benefits. Let’s explore this issue with Phạm Consult.

1. Can a person who participates in both compulsory and voluntary social insurance receive maternity benefits based on the combined contribution period?

The 2024 Law on Social Insurance clearly sets out the principles for calculating contribution periods for individuals who have participated in both compulsory and voluntary social insurance. Accordingly, not all social insurance benefits are calculated based on the combined contribution period of these two schemes. With respect to maternity benefits, employees must satisfy the specific eligibility conditions prescribed by law.

Under the law, individuals who have contributed to both compulsory social insurance and voluntary social insurance are not entitled to maternity benefits based on the combined contribution periods of both types of insurance.

This issue is specifically provided for in Clause 3, Article 5 of the 2024 Law on Social Insurance as follows:

Principles of Social Insurance

1. Benefits under compulsory social insurance and voluntary social insurance are calculated based on the contribution level and contribution period, while ensuring the principle of mutual support among participants in accordance with this Law.
2. The contribution level for compulsory social insurance is determined based on the salary used as the basis for compulsory social insurance contributions. The contribution level for voluntary social insurance is determined based on the income selected by the participant as the basis for voluntary social insurance contributions.
3. A person who has participated in both compulsory social insurance and voluntary social insurance is entitled to monthly allowance benefits, retirement benefits, and survivorship benefits based on the combined contribution periods under both schemes.

Any contribution period that has already been used as the basis for receiving a lump-sum social insurance benefit shall not be counted again for calculating other social insurance benefits.

Accordingly, individuals with both compulsory and voluntary social insurance contribution periods may combine those periods only for the purpose of receiving monthly allowance benefits, retirement benefits, and survivorship benefits. Such combined contribution periods do not apply to maternity benefits or other social insurance regimes.

2. What are the eligibility conditions for maternity benefits for compulsory social insurance participants?

After understanding the principles governing contribution periods, employees should also pay attention to the specific eligibility requirements for maternity benefits. The 2024 Law on Social Insurance specifies the eligible beneficiaries as well as the minimum compulsory social insurance contribution period required for each case.

Pursuant to Article 50 of the 2024 Law on Social Insurance, persons specified at Points a, b, c, d, i, k, l, m and n, Clause 1 and Clause 2, Article 2 of the Law are entitled to maternity benefits if they fall into one of the following cases:

1. Female employees during pregnancy;
2. Female employees giving birth;
3. Female surrogate mothers;
4. Intended mothers through surrogacy;
5. Employees adopting a child under six (06) months of age;
6. Employees undergoing contraceptive procedures that must be performed at a licensed medical examination and treatment facility;
7. Male employees participating in compulsory social insurance whose wives give birth or whose surrogate mothers give birth.

Contribution requirements:

• (*) Cases (2), (3), (4), and (5) must have contributed to compulsory social insurance for at least six (06) months within the twelve (12) months immediately preceding childbirth or the adoption/surrogacy event.
• ()** Cases (2) and (3) who have contributed to compulsory social insurance for at least twelve (12) months, and who are required to take leave for pregnancy preservation under the instruction of a qualified medical practitioner, must have contributed to compulsory social insurance for at least three (03) months within the twelve (12) months immediately preceding childbirth.
• Employees satisfying condition (), (), or () who terminate their labor contract, working contract, or employment before childbirth, before receiving a child through surrogacy, or before adopting a child under six (06) months of age shall still be entitled to maternity benefits in accordance with Articles 53, 54, 55, 56 and Clauses 1, 2 and 3 of Article 58 of the 2024 Law on Social Insurance. The maternity leave period shall not be counted as a social insurance contribution period.
• (*)** Female employees giving birth who have contributed to compulsory social insurance for at least six (06) months within the twenty-four (24) months immediately preceding childbirth in cases where they must take leave for infertility treatment.

3. What maternity benefits are available for employees adopting a child under six months of age?

In addition to pregnancy, childbirth, and surrogacy, the 2024 Law on Social Insurance also provides maternity benefits for employees adopting a child under six (06) months of age. This policy aims to ensure that adoptive parents have sufficient time to care for and stabilize the child’s early development while clearly defining their statutory entitlements.

Article 56 of the 2024 Law on Social Insurance provides as follows:

• Employees adopting a child under six (06) months of age are entitled to maternity leave from the date the child is officially handed over until the child reaches six (06) months of age.
• Where both the adoptive father and mother participate in compulsory social insurance and satisfy the conditions for maternity benefits under Clause 2, Article 50 of the Law, only one of them is entitled to take maternity leave.
• Employees adopting a child under six (06) months of age who do not take leave are entitled only to a one-time allowance as prescribed in Article 58 of the 2024 Law on Social Insurance.