Regulations on maternity allowance in Vietnam under the Law on Social Insurance 2024

Regulations on maternity allowance in Vietnam under the Law on Social Insurance 2024 (Image from the Internet)

Law on Social Insurance 2024 was approved by the 15th National Assembly of the Socialist Republic of Vietnam, 7th session on June 21, 2024.

1. Subjects entitled to and conditions for maternity allowance from July 1, 2025

Under Article 94 of the Law on Social Insurance 2024, individuals who have paid voluntary social insurance for at least 6 months or those who have both mandatory and voluntary social insurance contributions for a period of 12 months prior to childbirth are entitled to maternity allowance under the following circumstances:

- Female employees giving birth;

- Male employees whose wives give birth.

In cases where only the mother participates in social insurance and she dies after giving birth, the father or the person directly taking care of the child is entitled to maternity allowance.

Where both the father and mother participate in social insurance and meet the conditions for maternity allowance, only one of them (either the father or the mother) will receive the maternity benefit.

In cases where the individual is eligible for maternity allowance under both voluntary and mandatory social insurance schemes, they shall only receive benefits from the mandatory social insurance.

If the mother qualifies for maternity allowance under the mandatory social insurance and the father qualifies under the voluntary social insurance, the mother will receive the benefits from the mandatory social insurance and the father from the voluntary social insurance.

If the father qualifies for maternity allowance under the mandatory social insurance and the mother qualifies under the voluntary social insurance, the father will receive benefits from the mandatory social insurance and the mother from the voluntary social insurance.

2. Level of maternity allowance in Vietnam from July 1, 2025

The maternity benefit is 2,000,000 VND for each newborn or for each fetus of 22 weeks or more that dies in utero or during labor.

In cases where the female employee belongs to an ethnic minority or a female employee belonging to the Kinh ethnicity having a husband who is from an ethnic minority and classified as poor, they are entitled to additional support policies as provided by the Government of Vietnam.

The state budget ensures the implementation of the above-mentioned maternity benefit levels. The Government of Vietnam shall decide on adjustments to the maternity benefit levels suitable to the socio-economic development conditions and the state budget capacity from time to time.

(Article 95 of the Law on Social Insurance 2024)

3. Application for maternity allowance in Vietnam from July 1, 2025

According to Article 96 of the Law on Social Insurance 2024, the application for maternity allowance in Vietnam must include one of the following documents:

- A copy of the birth certificate, extract of birth certificate, or a copy of the birth notice of the child;

- In cases where the fetus dies in utero, dies during labor, or the child dies after birth without a birth notification, the dossier shall include one of the following documents:

+ The original or a copy of the medical records summary showing the child's death information;

+ The original or a copy of the hospital discharge paper of the female employee showing the child's death information;

+ A copy of the child's death certificate;

+ A confirmation document from the commune-level People’s Committee in cases where the child dies within 24 hours after birth.

4. Time limit for settling maternity allowance in Vietnam from July 1, 2025

Within 60 days from the date of childbirth, the employee is responsible for submitting the dossier specified in Article 96 of the Law on Social Insurance 2024 to the social insurance agency.

Within 5 working days from the date of receiving the complete dossier, the social insurance agency is responsible for resolving the case; if not, the agency must respond in writing and clearly state the reason.

(Article 97 of the Law on Social Insurance 2024)

More details can be found in the Law on Social Insurance 2024 which takes effect in Vietnam from July 1, 2025.

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