Regulations on maternity benefits covered by compulsory social insurance in Vietnam from July 1, 2025

Regulations on maternity benefits covered by compulsory social insurance in Vietnam from July 1, 2025 (Image from the Internet)

On June 29, 2024, the National Assembly of Vietnam passed the Law on Social Insurance 2024.

Regulations on maternity benefits covered by compulsory social insurance in Vietnam from July 1, 2025

* Maternity benefits

Article 59 of the Law on Social Insurance 2024 stipulates the enjoyment of maternity benefits in Vietnam as follows:

- The maternity benefit for one month for employees as regulated in Articles 51, 52, 53, 54, 55, 56, and 57 of the Law on Social Insurance 2024 is 100% of the average salary basis for compulsory social insurance contributions of the last 6 months before taking maternity leave.

For employees who have not paid compulsory social insurance for enough 6 months, the maternity benefit for employees regulated in Article 51, Article 52, Clauses 2, 5, 6, and 7 of Article 53, Clauses 1, 2, and 4 of Article 54, Clause 2 of Article 55, and Article 57 of the Law on Social Insurance 2024 shall be based on the average salary basis for compulsory social insurance contributions of the paid months.

- The daily maternity benefit for cases regulated in Article 51 and Clause 2 of Article 53 of the Law on Social Insurance 2024 is calculated as the monthly maternity benefit divided by 24 days.

- The maternity benefit for childbirth, receiving a child when having a surrogate, or adopting a child under 6 months is calculated according to the maternity benefit stipulated in Clause 1, Article 59 of the Law on Social Insurance 2024. In cases involving odd dates or cases regulated in Article 52 and Article 57, the benefit per day is calculated as the monthly maternity benefit divided by 30 days.

- The maternity benefit for female workers having a surrogate and surrogate-requesting female workers is carried out according to Clauses 1, 2, and 3 of Article 59 of the Law on Social Insurance 2024 and is calculated based on the average salary basis for compulsory social insurance contributions according to Article 59 of the Law on Social Insurance 2024 before taking maternity leave of the surrogate female worker or the surrogate-requesting female worker.

- The Minister of Labor, Invalids, and Social Affairs stipulates methods of calculation and the determination of conditions for each case of enjoying maternity benefits.

* Lump-sum Allowance for Childbirth, Receiving a Child When Having a Surrogate, or Adopting a Child Under 6 Months

According to Article 58 of the Law on Social Insurance 2024, the regulations on the Lump-sum allowance for childbirth, receiving a child when having a surrogate, or adopting a child under 6 months are as follows:

- Female employees giving birth who meet the conditions stipulated in Clause 2, Clause 3, or Clause 5 of Article 50 of the Law on Social Insurance 2024 are entitled to a Lump-sum allowance upon childbirth.

Female employees giving birth but do not meet the conditions stipulated in Clause 2, Clause 3, or Clause 5 of Article 50, and if the husband meets the conditions stipulated in Clause 2, Article 50 of the Law on Social Insurance 2024, the husband is entitled to a Lump-sum allowance.

- Female workers having surrogates who meet the conditions under Clause 2 or Clause 3 of Article 50 of the Law on Social Insurance 2024 are entitled to a Lump-sum allowance upon childbirth.

In cases where the surrogate does not participate in compulsory social insurance or does not meet the conditions, the surrogate-requesting mother who has paid compulsory social insurance for 6 months or more within a period of 12 months up to the time of receiving the child is entitled to a Lump-sum allowance.

In cases where neither the surrogate nor the surrogate-requesting mother participates in compulsory social insurance or meets the conditions, the surrogate-requesting mother's husband who has paid compulsory social insurance for 6 months or more within a period of 12 months up to the time of receiving the child is entitled to a Lump-sum allowance.

In cases where neither the surrogate nor the surrogate-requesting mother and her husband participates in compulsory social insurance or meets the conditions, the surrogate's husband who has paid compulsory social insurance for 6 months or more within a period of 12 months up to the time of childbirth by the surrogate is entitled to a Lump-sum allowance.

- Employees adopting a child under 6 months who meet the conditions in Clause 2, Article 50 of the Law on Social Insurance 2024 are entitled to a Lump-sum allowance.

- The amount of the Lump-sum allowance for each child as stipulated in Clauses 1, 2, and 3, Article 58, of the Law on Social Insurance 2024 is equivalent to twice the reference rate in the month the female worker gives birth, receives a child due to surrogacy, or adopts a child.

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

The Law on Social Insurance 2014 and Resolution 93/2015/QH13 will no longer be effective from the date the Law on Social Insurance 2024 comes into effect in Vietnam.

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