What are details of maternity benefits in Vietnam from July 1, 2025? What are the regulations on maternity leave period for prenatal checks-up in Vietnam from July 1, 2025?
What are details of maternity benefits in Vietnam from July 1, 2025?
Based on Article 59 of the Law on Social Insurance 2024 which stipulates maternity benefits in Vietnam:
(1) The monthly maternity allowance for employees as stipulated in Articles 51, 52, 53, 54, 55, 56, and 57 of the Law on Social Insurance 2024 is equal to 100% of the average salary used as the basis for compulsory social insurance contributions in the six months immediately preceding the time off to enjoy maternity policies.
For employees who have not contributed to compulsory social insurance for a full six months, the maternity allowance for the employees stipulated in Article 51, Article 52, clauses 2, 5, 6, and 7 Article 53, clauses 1, 2, and 4 Article 54, clause 2 Article 55, and Article 57 of the Law on Social Insurance 2024 is the average salary used as the basis for compulsory social insurance contributions for the months participated.
(2) The daily maternity allowance for the cases stipulated in Article 51 and clause 2 Article 53 of the Law on Social Insurance 2024 is calculated by dividing the monthly maternity allowance by 24 days.
(3) The maternity allowance for childbirth, accepting a child, surrogate motherhood, or adopting a child under six months of age is calculated according to the maternity allowance stipulated in (1). For cases with odd days or cases stipulated in Article 52 and Article 57 of the Law on Social Insurance 2024, the daily allowance is calculated by dividing the monthly maternity allowance by 30 days.
(4) The maternity allowance for female employees being surrogate mothers or female employees having surrogate mothers is implemented according to the stipulations in (1), (2), (3) and is calculated based on the average salary used as the basis for compulsory social insurance contributions prior to the time off to enjoy maternity policies of the female surrogate mothers or female employees having surrogate mothers.
What are details of maternity benefits in Vietnam from July 1, 2025? What are the regulations on maternity leave period for prenatal checks-up in Vietnam from July 1, 2025? (Internet image)
What are the regulations on maternity leave period for prenatal checks-up in Vietnam from July 1, 2025?
Based on Article 51 of the Law on Social Insurance 2024 which stipulates maternity leave period for prenatal checks-up in Vietnam:
- Pregnant female employees are allowed to take maternity leave for prenatal check-ups no more than five times, each time not exceeding two days.
- The maternity leave for prenatal check-ups is calculated based on working days, excluding public holidays, Tet holidays, and weekly rest days.
What are beneficiaries and eligibility for maternity benefits in Vietnam from July 1, 2025, under the Law on Social Insurance 2024?
Based on Article 50 of the Law on Social Insurance 2024 which stipulates the subjects and conditions to enjoy maternity policies in Vietnam:
(i) Subjects stipulated in points a, b, c, d, i, k, l, m, and n of clause 1 and clause 2 Article 2 of the Law on Social Insurance 2024 are eligible for maternity policies under the following cases:
(1) Pregnant female employees;
(2) Female employees giving birth;
(3) Female surrogate mothers;
(4) Female employees having surrogate mothers;
(5) Employees adopting children under six months of age;
(6) Employees using contraceptive methods that must be performed at medical facilities;
(7) Male employees participating in compulsory social insurance whose wives give birth or whose wives are surrogate mothers giving birth.
(ii) The subjects stipulated in (2), (3), (4), (5) must have participated in compulsory social insurance for at least six months within the 12 months preceding childbirth or accepting a child through surrogacy or adopting a child under six months of age.
(iii) The subjects stipulated in (2), (3) who have participated in compulsory social insurance for at least 12 months and must take leave during pregnancy as advised by medical professionals working at medical facilities must participate in compulsory social insurance for at least three months within the 12 months preceding childbirth.
(iv) Subjects eligible under the conditions stipulated in (ii), (iii), (v) who terminate their labor contracts, work contracts or ceased working before childbirth or accepting a child through surrogacy or adopting a child under six months of age will still be entitled to maternity policies according to Articles 53, 54, 55, and 56 and clauses 1, 2, and 3 Article 58 of the Law on Social Insurance 2024.
The period of enjoyment of maternity policies is not counted as the time of participating in social insurance.
(v) The subjects stipulated in (2i) who have participated in compulsory social insurance for at least six months within the 24 months preceding childbirth in cases requiring leave to treat infertility.
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