Maternity leave for non-professional commune officials

(Chinhphu.vn) - The wife of Mr. Nguyen Thanh Trung (Dak Lak) is a non-professional ward official in Phu Yen province (old), now a ward in Dak Lak province, paying compulsory social insurance from April 2023 to June 2025.

On July 1, 2025, Mr. Trung's wife quit her job. On September 22, 2025, his wife gave birth. Mr. Trung submitted a request for maternity benefits to the Social Security agency, but was told that his wife was not entitled to maternity benefits because she did not pay maternity benefits and the application was not accepted for settlement.

Mr. Trung requested the competent authority to clarify his wife's case.

Regarding this issue, Dak Lak Provincial Social Insurance responded as follows:

Pursuant to Point i, Clause 1, Article 2 of the Law on Social Insurance 2014, part-time workers in communes, wards and towns are subjects participating in compulsory social insurance with two regimes: retirement and death. Therefore, part-time workers in communes, wards and towns are not subjects entitled to maternity benefits.

Pursuant to the provisions of Point k, Clause 1, Article 2, Clause 1, Article 33, Article 34, Article 42 and Article 50 of the Law on Social Insurance 2024, effective from July 1, 2025, non-professional workers at the commune, village and residential group levels are subject to compulsory social insurance and are entitled to sickness, maternity, retirement and death benefits.

Through the implementation of the Law on Social Insurance 2024, to apply and resolve maternity benefits for the case of Mr. Nguyen Thanh Trung's wife, Vietnam Social Insurance has issued Official Dispatch No. 2208/BHXH-CSXH dated September 12, 2025 to the Department of Wages and Social Insurance, Ministry of Home Affairs asking for opinions on how to determine the time of payment or start payment from July 1, 2025 to resolve maternity benefits for beneficiaries. Dak Lak Provincial Social Insurance will contact and inform you when there is a response from the Ministry of Home Affairs.

Chinhphu.vn

Source: https://baochinhphu.vn/che-do-thai-san-doi-voi-can-bo-khong-chuyen-trach-xa-102251103102747572.htm