What changes will the new maternity regime from July 1, 2025?
What changes will there be in the new maternity leave regime from July 1, 2025? The maternity leave period from July 1, 2025 will be implemented according to the provisions of the Social Insurance Law 2024, issued in 2024.
1. Changes in maternity benefits beneficiaries
According to the Social Insurance Law 2014, there are 6 subjects entitled to maternity benefits:
Pregnant female workers
Female workers giving birth
Female surrogate mother & mother who uses surrogacy
Employees adopting children under 6 months old
Female workers insert IUDs and undergo sterilization
Male workers paying social insurance whose wives give birth
From July 1, 2025, the subjects entitled to maternity benefits have been expanded. Specifically as follows:
- Defense officer
- Controllers, representatives of state capital, representatives of enterprise capital as prescribed by law; members of the Board of Directors, General Director, Director, members of the Board of Supervisors or controllers and other elected management positions of cooperative unions as prescribed by the Law on Cooperatives 2023, with or without salary;
- Non-professional workers at commune, village and residential group levels;
- People working under indefinite-term labor contracts, fixed-term labor contracts with a term of 01 month or more, working part-time, with monthly salary equal to or higher than the lowest salary used as the basis for compulsory social insurance payment;
- Business owners of business households with business registration participate according to Government regulations.
- Spouses who do not receive salaries from the state budget and are sent on a term of office with members of representative agencies of the Socialist Republic of Vietnam abroad are entitled to a living allowance.
- Foreign employees working under a fixed-term labor contract with a term of 12 months or more with an employer in Vietnam, except in the following cases:
+ Internal transfer within the enterprise according to the provisions of law on foreign workers working in Vietnam;
+ At the time of signing the labor contract, the employee has reached retirement age as prescribed in Clause 2, Article 169 of the 2019 Labor Code;
+ International treaties to which the Socialist Republic of Vietnam is a member have other provisions.
2. Changes in maternity benefits conditions
Female workers giving birth, surrogacy, mothers requesting surrogacy, adopting children under 6 months old:
Pay social insurance for at least 6 months within 12 months before giving birth/adopting a child.
If you have paid social insurance for 12 months or more but have to take maternity leave as prescribed by a medical practitioner at a medical examination and treatment facility, you must pay compulsory social insurance for 3 months or more within the 12 consecutive months before giving birth to be eligible for maternity benefits.
Employees who meet the above two conditions and terminate their contract before giving birth/adopting a child are still entitled to maternity benefits.
From July 1, 2025, the conditions for enjoying maternity benefits will be added:
- Female employees giving birth must have paid compulsory social insurance for at least 6 months within 24 consecutive months before giving birth in case they have to take time off work for infertility treatment.
3. Changes in maternity leave time
- During pregnancy, female employees are allowed to take 5 days off work to have prenatal check-ups, each time01 day.
From July 1, 2025, the number of days each female employee is allowed to take off work for prenatal check-ups will increase.02 days(maximum) in all cases (Article 51 of the Law on Social Insurance 2024)
The allowance for days off for prenatal check-ups according to Clause 2, Article 59 of the Social Insurance Law 2024 is equal to one month's maternity allowance divided by 24 days.
- In case the medical examination and treatment facility is far away or the pregnant woman has a medical condition or an abnormal pregnancy, she is allowed 2 days off for each prenatal examination.
4. Changes in maternity leave duration
- When there is a miscarriage, abortion, stillbirth orpathological abortionFemale employees are entitled to maternity leave as prescribed by a competent medical examination and treatment facility.
From July 1, 2025, maternity leave will be applied to all cases of abortion (includingPathological abortion and unwanted abortion) according to Article 52 of the Law on Social Insurance 2024.
Maximum leave time is specified as follows:
| Before 1/7/2025 | As of July 1, 2025 |
| + 10 days if the fetus is under 5 weeks old; + 20 days if the pregnancy is from 5 weeks old to under 13 weeks old; + 40 days if the pregnancy is from 13 weeks to under 25 weeks old; + 50 days if the pregnancy is 25 weeks or older. | + 10 days if the fetus is under 5 weeks old; + 20 days if the pregnancy is from 5 weeks old to under 13 weeks old; + 40 days if the pregnancy is 13 weeks or less22 weeks old; + 50 days if the pregnancy is from22 weeks and older. |
Maternity leave:
06 months (maximum 02 months prenatal leave)
If giving birth to twins or more, from the second child, each child gets an additional 01 month off.
If a child under 2 months old is lost: the mother takes 4 months off from the date of birth.
If a child aged 2 months or older dies: the mother takes 2 months off from the date of the child's death (not exceeding 6 months of total leave time).
5. Changes in the level of lump sum benefits upon childbirth
From July 1, 2025, the one-time allowance upon childbirth according to Clause 4, Article 58 of the Law on Social Insurance 2024 is equal to 02 times the reference level in the month the female employee gives birth.
According to Clause 13, Article 141 of the Law on Social Insurance 2024, when the basic salary has not been abolished, the reference level prescribed in the Law on Social Insurance 2024 is equal to the basic salary. At the time the basic salary is abolished, the reference level shall not be lower than that basic salary.
Currently, according to Decree 73/2024/ND-CP, the basic salary is 2,340,000 VND/month.
Thus, the one-time allowance when giving birth = 02 x 2,340,000 VND/month = 4,680,000 VND.
6. Changes in maternity benefits for people without compulsory social insurance
Under current regulations, in Article 4 of the 2014 Law on Social Insurance, only people participating in compulsory social insurance are entitled to maternity benefits.
Pursuant to Article 4 of the Law on Social Insurance 2024, from July 1, 2025, voluntary social insurance participants will receive maternity allowance.
According to Article 95 of this Law, the maternity allowance is 2,000,000 VND for each child born and each fetus 22 weeks or older that dies in the uterus or dies during labor.
