Retired for 1 month and then having children is still entitled to maternity benefits

Before retiring, this person had participated in compulsory social insurance continuously, without interruption from 2023 to the end of February 2026 and requested to be answered whether he would receive a 6-month maternity allowance or not, if so, how the benefit level would be calculated.

Answering this content, Vietnam Social Security said that according to point b, clause 1 and clause 2, Article 50 of the 2024 Law on Social Insurance, female workers who give birth are eligible for maternity benefits when they have paid compulsory social insurance for 6 months or more in the 12 consecutive months before giving birth.

Clause 4, Article 50 of the 2024 Law on Social Insurance stipulates that employees who meet the conditions according to Clause 2 of this Article and terminate their labor contract, working contract or resign before giving birth are still entitled to maternity benefits according to the provisions of Article 53 and Clause 1, Article 58 of the 2024 Law on Social Insurance. The time of enjoying maternity benefits is not counted as the time of social insurance contribution.

According to Vietnam Social Security, in comparison with the above regulations, in case the inquirer has terminated the labor contract, working contract or resigned and has paid compulsory social insurance for 6 months or more within the 12 months immediately preceding childbirth, they are eligible for maternity benefits when giving birth.

Vietnam Social Security also said that the fact that employees have enjoyed retirement benefits does not affect their conditions for enjoying maternity benefits.

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