The Law on Social Insurance 2024 (41/2024/QH15, effective 01/7/2025, replacing Law 58/2014) sets different settlement timelines for each benefit: sickness, maternity, and post-maternity convalescence. The most common mistake is lumping all three into a single timeline — this article separates each milestone so employees and employers get it right.
1. Applicable legal framework, in force as of 14/10/2026
- Law on Social Insurance 2024 (41/2024/QH15), effective 01/7/2025, fully replacing Law 58/2014 on Social Insurance.
- Decree 158/2025/ND-CP (effective 01/7/2025) detailing implementation of the 2024 Law, replacing Decrees 115/2015/ND-CP and 143/2018/ND-CP.
2. Sickness benefits — Article 48
The sickness-benefit timeline has three links:
- Employee files the dossier: within a maximum of 45 days from the date of returning to work (employees who have resigned file directly with the social insurance agency within the statutory timeline).
- Employer forwards the dossier: within 07 working days of receiving the employee’s complete dossier, the employer must forward it to the social insurance agency.
- Social insurance agency settles: within 07 working days of receiving the complete and valid dossier.
3. Maternity benefits — Article 62.3
The agency’s settlement timeline for maternity benefits depends on the filing channel:
- Through the employer: settled within 07 working days of receiving the complete dossier.
- Employee files directly (resigned, demobilized, discharged…): settled within 05 working days of receiving the complete dossier.
4. Post-maternity convalescence — Article 63
After the maternity leave period, if health has not recovered, the employee is entitled to convalescence leave. The social insurance agency settles this benefit within 07 working days of receiving the complete and valid dossier. This is a standalone benefit, separate from the one-time maternity allowance and maternity-leave wages — their settlement timelines must not be merged.
5. Summary of agency settlement timelines
- Sickness: 07 working days (after the employer forwards the dossier within 07 working days; the employee files within max 45 days).
- Maternity: 07 working days (through employer) / 05 working days (employee files directly).
- Post-maternity convalescence: 07 working days.
6. Practical notes
- “Working days” exclude Saturdays, Sundays and public holidays — add these when estimating the actual payout date.
- All timelines run from receipt of a complete and valid dossier; the clock does not start on an incomplete file, so employees should prepare the hospital discharge papers and social-insurance leave certificates upfront.
- An employer that forwards the dossier more than 07 working days late, harming the employee’s interests, may face liability for corresponding damages.
7. Frequently asked questions
How long does sickness benefit settlement take?
The agency settles within 07 working days of receiving the complete dossier; before that, the employer must forward the dossier within 07 working days, and the employee files within max 45 days (Article 48).
How long does maternity benefit settlement take?
07 working days if filed through the employer; 05 working days if the employee files directly (Article 62.3).
Does post-maternity convalescence have its own timeline?
Yes. It is a standalone benefit settled within 07 working days (Article 63), not merged with the maternity timeline.
Which law did the 2024 Social Insurance Law replace?
Law 41/2024/QH15 (effective 01/7/2025) replaced Law 58/2014; Decree 158/2025 replaced Decrees 115/2015 and 143/2018.
Note: This article provides reference information only and is not legal advice. The content was researched from statutory legal texts and drafted by AI; it will undergo FLAT Law Firm’s QA council review and approval before publication; it is not legal advice from a human lawyer. Regulations may change; please check the current legal texts before relying on this information.
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Legal content reviewed by the FLAW AI Legal Council and submitted to the owner for approval; not a practicing lawyer’s opinion, not a substitute for legal advice on a specific matter.
