Child is over 2 years old, mother has not received maternity benefits due to business delay in paying social insurance

With a court decision, rights are still "suspended

Talking to a reporter of Lao Dong Newspaper on August 4, Ms. Nguyen Thi Thuy Oanh - formerly a worker of Vinh Thong Production Trading and Service Co., Ltd. (Vinh Thong Company) in Ho Chi Minh City - informed that so far, more than 1 month after the effective decision of the court forced the company to pay social insurance for her, the company has not yet implemented it.

Ms. Oanh started working for Vinh Thong Company in 2013. In May 2024, she gave birth, but because the company did not fully pay social insurance, she was not entitled to maternity benefits paid by social insurance. After many requests for the company to pay social insurance were unsuccessful, she authorized officials of the Ho Chi Minh City Trade Union Workers' Counseling and Support Center to sue the company. After that, the People's Court of Region 9 issued a decision recognizing the agreement between the two parties, accordingly, by the end of June 2026, the company must pay enough social insurance for Ms. Oanh so that she can enjoy maternity benefits. However, so far, Vinh Thong Company has not yet paid social insurance for Ms. Oanh. "My child is over 2 years old, but I have not yet received maternity benefits and do not know when I will receive this benefit" - Ms. Oanh said bitterly.

Ms. Nghiem My Hang - formerly an employee of Mai Linh Group Joint Stock Company (Mai Linh Company) - said that after more than 1 year of quitting her job to work elsewhere, she has not yet been paid social insurance by the company from August 2023 to March 2025. Not only Ms. Hang, many other employees were late in paying social insurance by Mai Linh Company, were affected in their rights and have quit their jobs at the company.

Meanwhile, statistics from Ho Chi Minh City Social Insurance show that by the end of July 8, there were 100 businesses with social insurance late payments from 6 months or more. The total amount of social insurance late payments of these businesses is more than 892.6 billion VND.

Leading the list of 100 enterprises is Hoa Binh Construction Group Joint Stock Company, which is late in paying social insurance for 1,134 employees with an amount of nearly 56.8 billion VND. Next is Saigon Post and Telecommunications Service Joint Stock Company, which is late in paying social insurance for more than 42.1 billion VND; Global Experience Joint Stock Company is late in paying social insurance for 345 employees with an amount of more than 38 billion VND.

Vinh Thong Company has delayed paying social insurance, health insurance, unemployment insurance and occupational accident and disease insurance with a total amount of nearly 17.12 billion VND, so when employees quit their jobs, they are not entitled to unemployment benefits. Mai Linh Company is late in paying social insurance of nearly 5 billion VND.

Hundreds of workers have to sue businesses

In Dong Nai, Ms. N.T. T, born in 2005, has had hearing and speech disabilities since childhood, working at Austgrow Vietnam International Group Co., Ltd. Her husband also has hearing and speech disabilities and works as a worker at this enterprise.

In March 2026, Ms. T took maternity leave, but the business delayed paying insurance, affecting her maternity benefits. After she sent a petition to the Department of Home Affairs of Dong Nai City, the business committed to coordinate with the social insurance agency to prepare complete dossiers to resolve benefits before September 15, 2026. As of June 30, Austgrow Vietnam Company has 244 employees, delayed payment for 7 months with an amount of more than 4 billion VND.

Also in Dong Nai, the rights of hundreds of workers of Bach Thanh Ceramic Tile Co., Ltd. are being affected. As of the end of June 2026, the total amount of money the enterprise has delayed paying social insurance, health insurance, unemployment insurance, occupational accident and disease insurance and interest is nearly 4.9 billion VND, of which interest is more than 1 billion VND. There are 339 workers who have not been fully confirmed their social insurance participation process from November 2023 to June 2026. Representatives authorized by workers have submitted 162 sets of lawsuit dossiers to the People's Court of Region 2 - Dong Nai.

In the first 6 months of 2026, the Legal Consulting Center under the Dong Nai City Labor Federation provided legal advice and support to 1,338 workers; authorized 31 people to participate in legal proceedings. All 31 cases won lawsuits, including many cases forcing businesses to pay social insurance.

However, Ms. Oanh's case shows that winning a lawsuit does not mean that rights are resolved immediately. When businesses continue to delay, do not comply or are no longer able to pay, employees still have to wait.

According to the Dong Nai City Labor Federation, reports from the Dong Nai City Social Insurance show that as of May 31, 2026, there are 180 enterprises in the city (with 20 or more employees) that have been late in paying social insurance, health insurance, and unemployment insurance for 3 months or more with a total debt (with interest) of more than 196 billion VND. The situation of evading and owing social insurance, health insurance, unemployment insurance, occupational accident insurance, and occupational diseases of employers in the area still occurs, affecting a series of other benefits for compulsory social insurance participants such as maternity benefits, sickness benefits, and occupational accident benefits...

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