Since 1 July 2025, maternity benefits for Vietnamese employees have operated under the Law on Social Insurance 41/2024/QH15. That law replaced the Law on Social Insurance 58/2014/QH13, which ceased to be effective on 1 July 2025 and now matters only for insurance events arising before that date. This article sets out the eligibility conditions, the payout formula and the notable new features of the current framework, covering female employees generally and also male employees whose wives give birth.
Eligibility: six months of contributions within twelve
The basic condition for maternity benefits under compulsory social insurance is that the female employee giving birth has paid compulsory social insurance for at least six months within the twelve months before childbirth. In a special case, an employee who has paid for at least three months within those twelve months and must stop working to rest during pregnancy as directed by a competent medical facility also qualifies. Decree 158/2025/ND-CP provides detailed guidance on applying these conditions.
In practice, the most common problem is a contribution gap when an employee changes jobs shortly before giving birth. Because the qualifying window is the twelve months immediately before childbirth rather than the whole working history, employees should check their contribution record on the social insurance application or with the social insurance agency as soon as they know they are pregnant, instead of waiting until they file the benefit claim.
Leave duration and how the payout is calculated
A female employee giving birth is entitled to six months of maternity leave, consistently under the Law on Social Insurance 41/2024/QH15 and Article 139 of the Labour Code 45/2019/QH14; leave before childbirth is capped at two months, and for twins or more, each additional child from the second adds one month. During leave, the employee receives a maternity allowance equal to 100 percent of the average monthly salary on which social insurance was paid over the six consecutive months before taking leave.
In addition to the monthly allowance, childbirth carries a one-off grant equal to twice the reference level in the month of birth. The reference level in the Law on Social Insurance 41/2024/QH15 should not be confused with the former base salary: it is a benchmark set by the Government used to calculate social insurance contributions and benefits, and current-regime articles no longer use the base salary as the calculation anchor.
New feature: maternity allowance under voluntary social insurance
A notable expansion in the Law on Social Insurance 41/2024/QH15 is that, from 1 July 2025, participants in voluntary social insurance who meet the contribution-duration condition also receive a maternity allowance of 2,000,000 dong per child. Maternity cover previously existed only within compulsory social insurance, so this change materially widens protection for freelancers and workers without an employment relationship.
Benefits for male employees whose wives give birth
A male employee paying compulsory social insurance is entitled to leave with maternity-regime benefits when his wife gives birth, with the number of working days off rising by type of delivery: ordinary birth, surgical or premature birth, twins, three or more children, and twins delivered surgically each carry different day counts under the Law on Social Insurance 41/2024/QH15. Where the wife gives birth and only the husband participates in social insurance, the husband also receives a one-off grant equal to twice the reference level in the month of birth, mirroring the lump-sum mechanism for female employees.
Employers and employees should watch the filing deadlines guided by the social insurance agency; late filing or missing medical documents are common reasons allowances are paid late even where eligibility is fully met.
Frequently Asked Questions
How long must an employee have paid social insurance to qualify for maternity benefits?
Under the Law on Social Insurance 41/2024/QH15, the basic condition is that the female employee giving birth has paid compulsory social insurance for at least six months within the twelve months before childbirth. Where she must stop working to rest during pregnancy as directed by a competent medical facility, the condition drops to at least three months within those twelve months. Law 41/2024 replaced the Law on Social Insurance 58/2014/QH13 from 1 July 2025.
How are maternity benefits calculated and how many months of leave are granted?
A female employee giving birth takes six months of maternity leave under the Law on Social Insurance 41/2024/QH15 and Article 139 of the Labour Code 45/2019/QH14, with at most two months before childbirth. The allowance equals 100 percent of the average monthly insured salary over the six consecutive months before leave. Childbirth also carries a one-off grant equal to twice the reference level in the month of birth.
Is a male employee entitled to leave when his wife gives birth and to a one-off allowance?
Yes. A male employee paying compulsory social insurance may take leave with maternity-regime benefits when his wife gives birth, with days varying for ordinary, surgical, premature or multiple births under the Law on Social Insurance 41/2024/QH15. If only the husband participates in social insurance when the wife gives birth, he also receives a one-off grant equal to twice the reference level in the month of birth.
This article has been quality-reviewed by the FLAW AI Legal Council