From July 01, 2025, are employees who adopt children in Vietnam entitled to maternity benefits?

Who are entitled to maternity benefits when participating in compulsory social insurance in Vietnam?

According to Article 50 of the Law on Social Insurance 2024 stipulating the beneficiaries and eligibility for maternity benefits:

Article 50. Beneficiaries and eligibility for maternity benefits

1. The subjects stipulated at points a, b, c, d, i, k, l, m, and n of Clause 1 and Clause 2 of Article 2 of this Law are entitled to maternity benefits in the following cases:

a) Female employees who are pregnant;

b) Female employees giving birth;

c) Female employees who are surrogate mothers;

d) Female employees using surrogate mothers;

dd) Employees adopting a child under six months of age;

e) Employees undergoing contraceptive measures that must be performed at healthcare facilities;

g) Male employees participating in compulsory social insurance whose wives give birth, or whose surrogate mothers give birth.

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According to the above provisions, the subjects entitled to maternity benefits include:

- Persons working under indefinite-term labor contracts, definite-term labor contracts with a duration of one month or more, including cases where employees and employers agree under different names but the content reflects paid employment, salary, and management, administration, and supervision by one party.

- Officials and public employees

- Defense and public security workers, workers in other positions within the cryptographic organization

- Officers, professional military personnel of the People's Army; officers, non-commissioned officers in professional and technical roles in the People's Public Security; people doing cryptographic work enjoying salaries equivalent to military personnel.

- Enterprise managers, controllers, state capital representatives, enterprise capital representatives according to legal provisions; members of the Board of Directors, General Directors, Directors, members of the Supervisory Board, or controllers, and other elected managerial functions of cooperatives, cooperative unions under the Cooperative Law receiving salaries.

- Non-specialized personnel at communal, village, or residential group levels.

- Subjects working under part-time labor contracts with a monthly salary equal to or higher than the minimum base salary for compulsory social insurance contributions.

- Household business owners of registered household businesses participating according to the regulations of the Government of Vietnam.

- Enterprise managers, controllers, state capital representatives, enterprise capital representatives according to legal provisions; members of the Board of Directors, General Directors, Directors, members of the Supervisory Board, or controllers, and other elected managerial functions of cooperatives, cooperative unions according to the Cooperative Law not receiving salaries.

- Foreign employees in Vietnam participating in compulsory social insurance when working under a definite-term labor contract of 12 months or more with employers in Vietnam, except in the following cases:

+  Internal  company  transferees  as  stipulated  by  the  law  on  foreign  employees  working  in  Vietnam;

+  At  the  time  of  signing  the  labor  contract,  have  reached  retirement  age.

Regarding the entitlement to maternity benefits in the following cases:

- Female employees who are pregnant

- Female employees giving birth

- Female employees who are surrogate mothers

- Female employees using surrogate mothers

- Employees adopting a child under six months of age

- Employees undergoing contraceptive measures that must be performed at healthcare facilities

- Male employees participating in compulsory social insurance whose wives give birth, or whose surrogate mothers give birth

From July 01, 2025, are employees who adopt children in Vietnam entitled to maternity benefits? (Internet image)

From July 01, 2025, are employees who adopt children in Vietnam entitled to maternity benefits?

According to Article 56 of the Law on Social Insurance 2024 stipulating maternity benefits when adopting children under 06 months old:

Article 56. Maternity benefits when adopting children under 06 months old

1. Employees adopting a child under six months of age are entitled to maternity benefits from the date of adoption until the child reaches six months of age.

If both parents participate in compulsory social insurance and are eligible for maternity benefits as stipulated in Clause 2, Article 50 of this Law, only one parent is entitled to maternity benefits.

2. Employees adopting a child under six months of age without taking leave are only entitled to a lump-sum allowance as stipulated in Article 58 of this Law.

According to the above provisions, employees participating in social insurance who adopt a child under six months of age are entitled to maternity benefits from the date of adoption until the child reaches six months of age.

What is included in the application for maternity benefits for employees adopting a child in Vietnam?

According to Article 61 of the Law on Social Insurance 2024 stipulating the application for maternity benefits in Vietnam:

Article 61. Application for maternity benefits

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3. The application for maternity benefits for female employees during prenatal check-ups as stipulated in Article 51 of this Law; female employees suffering miscarriages, abortions, stillbirths, fetal deaths during delivery, ectopic pregnancies as stipulated in Article 52 of this Law; employees undergoing contraceptive measures as stipulated in Article 57 of this Law includes one of the following documents:

a) The original or a copy of the hospital discharge paper or summary of the medical record, or documents proving the inpatient treatment process in the case of inpatient treatment;

b) Certificate of social insurance leave in the case of outpatient treatment;

c) The original or a copy of the hospital discharge paper indicating the time needed for outpatient treatment after inpatient treatment.

4. The application for maternity benefits for employees adopting a child under six months of age includes a copy of the adoption certificate and the adoption handover record.

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Thus, the application for maternity benefits for employees adopting a child includes a copy of the adoption certificate and the adoption handover record.

Note: The Law on Social Insurance 2024 comes into effect in Vietnam from July 1, 2025.