Short answer: Female employees are entitled to 6 months of maternity leave for a single birth; since 1 July 2026, a second child entitles the mother to 7 months under the Population Law 113/2025/QH15 (amending Article 139.1 of the 2019 Labor Code). For multiple births, each child from the second adds 1 month; pre-birth leave may not exceed 2 months. This is the key 2026 update that most older online articles miss — they still state a flat “6 months” for every case.
1. Maternity leave duration: before and after 01/7/2026
| Case | Before 01/7/2026 | From 01/7/2026 |
|---|---|---|
| Single birth (first child) | 6 months | 6 months (unchanged) |
| Second child | 6 months | 7 months (new) |
| Multiple births | From the 2nd child, +1 month per child | From the 2nd child, +1 month per child (unchanged) |
| Pre-birth leave | Maximum 2 months | Maximum 2 months (unchanged) |
Legal basis: Article 139.1 of the Labor Code 45/2019/QH14, as amended by Article 29.1 of the Population Law 113/2025/QH15 (passed 10/12/2025, effective 01/7/2026). The amended text: “A female employee is entitled to 6 months of maternity leave before and after childbirth; in the case of a second child, she is entitled to 7 months of maternity leave before and after childbirth; pre-birth leave shall not exceed 2 months.”
Note on the law number: some secondary sources cite the 2025 Population Law as “71/2025/QH15” — that number actually belongs to the Law on Digital Technology Industry. The correct number of the Population Law 2025 is 113/2025/QH15 (verified).
2. Eligibility: 6 months of social insurance contributions within 12 months
Maternity benefits are not automatic. Under Article 50 of the Law on Social Insurance 41/2024/QH15 (effective 01/7/2025), a female employee must have paid compulsory social insurance for at least 6 months within the 12 months preceding childbirth. Notes:
- The 12-month period is counted back from the month of childbirth (or the month of adopting a child);
- An employee who contributed for 6 months but terminated her labor contract before giving birth remains eligible if the conditions are met;
- Adoption of a child under 6 months of age also qualifies for maternity benefits.
3. Benefit level: 100% of average salary plus a lump sum
Under Article 59 of Law 41/2024/QH15, the maternity benefit equals 100% of the average salary used as the basis for social insurance contributions over the 6 consecutive months preceding the leave, multiplied by the number of leave months. In addition, under Article 58, the mother receives a lump-sum allowance equal to twice the reference salary for the birth month, per child.
Illustrative example: Ms. A contributed based on an average salary of VND 10 million/month over the preceding 6 months and gives birth to her second child after 01/7/2026. She takes 7 months of leave and receives 7 x 10 million = VND 70 million, plus the lump-sum allowance of twice the reference salary. (Illustrative only; actual amounts depend on each person’s contribution base.)
4. Related rights: fathers, prenatal check-ups, miscarriage
- Fathers: under point c, Article 53.2 of Law 41/2024 (as amended following the 2025 Population Law), where the wife gives birth to their second child, the husband is entitled to 10 working days of maternity leave;
- Prenatal check-ups: pregnant employees may take maternity-benefit leave for prenatal examinations as provided by the Law on Social Insurance;
- Miscarriage from week 22: under Article 52.2 of Law 41/2024, where a pregnancy of 22 weeks or more ends in miscarriage or stillbirth, the mother is entitled to benefits as if she had given birth.
5. Three common misunderstandings
Myth 1: “Every case is 6 months.” Wrong since 01/7/2026 — a second child means 7 months. Employers calculating payroll and arranging cover must update their policies to avoid disputes.
Myth 2: “Pre-birth leave can be as long as you want.” Wrong — pre-birth leave may not exceed 2 months; the remainder must be reserved for after birth.
Myth 3: “Maternity leave equals the benefit.” Incomplete — the leave duration (Article 139 of the Labor Code) and the social insurance benefit (Law 41/2024) are two layers: how long you may rest is decided by the Labor Code, how much you receive by the Social Insurance Law. On the social insurance agency’s processing deadlines, see our article on social insurance sickness and maternity claim processing times.
Frequently asked questions
How many months of leave for a second child born from 01/7/2026?
7 months (before and after birth), under Article 29.1 of the Population Law 113/2025/QH15 amending Article 139.1 of the 2019 Labor Code.
How many days of leave for the husband when the wife has their second child?
10 working days (point c, Article 53.2 of Law 41/2024, post-Population Law version).
How long must one contribute to social insurance to qualify?
At least 6 months within the 12 months before childbirth (Article 50 of Law 41/2024).
Are miscarriages covered?
Pregnancies of 22 weeks or more ending in miscarriage/stillbirth are treated as childbirth (Article 52.2 of Law 41/2024).
Sources
- Population Law 113/2025/QH15 (passed 10/12/2025, effective 01/7/2026): Article 29.1 amending Article 139.1 of the Labor Code;
- Labor Code 45/2019/QH14: Article 139 (maternity leave);
- Law on Social Insurance 41/2024/QH15 (effective 01/7/2025): Article 50 (eligibility), Article 52 (miscarriage), Article 53 (benefits on childbirth, fathers), Article 58 (lump sum), Article 59 (benefit level).
Note: Legal texts verified as effective on 14/10/2026. Numerical examples are illustrative.
Does your company need to review its maternity policy or budget for replacement staffing? Contact FLAT Law Firm for advice.
Transparency note: This article was drafted by the FLAW AI Legal Council (an AI panel) and is not a substitute for advice from a licensed lawyer on your specific case.
This article is awaiting QA Council review.
