Maternity Leave Vietnam 2026: 7 Months for a Second Child

Maternity leave in Vietnam changed on 1 July 2026: a mother having her second child now gets 7 months, not 6. Many foreign employers, including those hiring through EOR Vietnam services, still run the old policy. Here is what changed, who pays and how sick leave works.

Quick answer: Maternity leave in Vietnam is 6 months, or 7 months for a second child from 1 July 2026 (Law on Population 113/2025/QH15, Decree 168/2026/ND-CP). Social insurance pays 100% of the average insured salary of the last 6 months, plus a lump sum of 2 × the reference level per child. Sick leave pays 75% for 30–70 working days a year.

Who pays maternity and sick-leave benefits in Vietnam?

The social insurance fund pays maternity and sickness benefits, not the employer. Compulsory social insurance (SI) is the state scheme both parties fund monthly; 3% of the employer's 17.5% goes to the sickness and maternity fund.

The employer owes no salary during the leave unless the contract promises it; it files the claim and passes the benefit on. An Employer of Record (EOR) is a company that legally employs staff in Vietnam on your behalf, so it files these claims. See social insurance contributions for employers in Vietnam and how leave fits into EOR cost in Vietnam.

How long is maternity leave in Vietnam in 2026?

Maternity leave in Vietnam is 6 months for a first child and 7 months for a second child born on or after 1 July 2026. The Law on Population 2025 (No. 113/2025/QH15), effective 1 July 2026, amended Article 139 of the Labour Code to add the seventh month (LuatVietnam).

• Before birth: at most 2 months. Twins or more: 1 extra month per additional baby.
• Who counts as "second child": under Decree 168/2026/ND-CP (issued 15 May 2026, effective 1 July 2026), the mother must have one living biological child at the time of birth and meet the normal SI conditions (Decree 168/2026, English text).
• Pay for the 7th month: Vietnam Social Security pays the benefit for all 7 months at the same monthly rate (Government news portal).

Under the Labour Code 2019, the employer must keep the employee's job when she returns (Article 140) and cannot unilaterally terminate her contract because she is pregnant, on maternity leave or nursing a child under 12 months (Article 137).

Who qualifies for maternity benefits?

A female employee qualifies if she paid compulsory SI for at least 6 months within the 12 months before the birth (Article 50, Law on Social Insurance 41/2024/QH15, effective 1 July 2025). Special cases:

• With 12+ months of SI and doctor-ordered rest in pregnancy: 3 months within the 12 months before birth.
• After infertility treatment: 6 months within the 24 months before birth.

A father paying compulsory SI gets 5 working days of paternity leave, or more for caesareans, twins and, from 1 July 2026, a second child (Article 53, Law 41/2024/QH15 (text)); see the FAQ below.

How much is the maternity benefit in Vietnam?

The monthly maternity benefit equals 100% of the employee's average insured salary over the 6 months before leave (Article 59, Law 41/2024/QH15). The insured salary is capped at 20 × the reference level of VND 2,340,000, which is VND 46,800,000 per month in 2026.

Benefit	Amount (2026)	Legal basis
Maternity leave, first child	6 months	Labour Code 2019, Art. 139; SI Law 41/2024/QH15, Art. 53 (from 1 Jul 2025)
Maternity leave, second child	7 months	Law on Population 113/2025/QH15; Decree 168/2026/ND-CP (from 1 Jul 2026)
Monthly maternity benefit	100% of 6-month average insured salary	SI Law 41/2024/QH15, Art. 59
Lump sum per child	2 × reference level = VND 4,680,000	SI Law 41/2024/QH15, Art. 58
Recovery leave after maternity	5–10 days at 30% of reference level per day	SI Law 41/2024/QH15, Art. 60
Sick leave per year	30 / 40 / 60 working days	SI Law 41/2024/QH15, Art. 43
Sickness benefit	75% of insured salary	SI Law 41/2024/QH15, Art. 45

Worked example. An engineer in Ho Chi Minh City has an insured salary of VND 30,000,000 per month and gives birth to her second child in December 2026. Social insurance pays 7 × 30,000,000 = VND 210,000,000, plus the VND 4,680,000 lump sum, for a total of VND 214,680,000.

A manager earning VND 60,000,000 is paid on the VND 46,800,000 cap: VND 327,600,000 for 7 months, or VND 92,400,000 less than her salary. Any top-up is company policy, not law, so write it down in advance.

How many sick-leave days does an employee get in Vietnam?

An employee in normal working conditions gets up to 30 working days of paid sick leave per year with under 15 years of SI contributions, 40 days with 15 to under 30 years, and 60 days with 30 years or more (Article 43, Law 41/2024/QH15 (text)). Heavy, hazardous or hardship-area jobs get 40, 50 or 70 days.

• Rate: 75% of the insured salary of the month before the leave; the daily rate is the monthly amount divided by 24 (Article 45).

Example: 5 sick days on an insured salary of VND 30,000,000 pays 30,000,000 × 75% ÷ 24 × 5 = VND 4,687,500.

Key takeaways

• Maternity leave in Vietnam is 6 months, or 7 months for a second child born from 1 July 2026.
• Social insurance pays 100% of the 6-month average insured salary, capped at VND 46,800,000 per month in 2026.
• Each birth also brings a lump sum of VND 4,680,000 per child (2 × the reference level).
• Sick leave is paid at 75% of insured salary for 30, 40 or 60 working days a year.
• The employer cannot terminate an employee for pregnancy or maternity leave and must keep her job.

Frequently asked questions

Is maternity leave in Vietnam paid by the employer?

No. Maternity leave in Vietnam is paid by the social insurance fund, not by the employer. The benefit is 100% of the employee's average insured salary over the 6 months before leave, under Article 59 of Law 41/2024/QH15. The employer pays extra only if the contract promises it.

Does the 7-month maternity leave apply to every birth in Vietnam?

No. The 7-month maternity leave applies when a female employee gives birth to her second child on or after 1 July 2026, under the Law on Population 113/2025/QH15 and Decree 168/2026/ND-CP. She must have one living biological child at the time of birth and meet normal SI conditions. A first child still gives 6 months of maternity leave.

How much paternity leave do fathers get in Vietnam?

Fathers in Vietnam get 5 working days of paid paternity leave, 7 for a caesarean or a birth before 32 weeks, 10 for twins and 14 for twins by caesarean (Article 53, Law 41/2024/QH15). From 1 July 2026, a second child also gives 10 working days. Leave starts within 60 days of birth.

Does an EOR Vietnam provider handle maternity and sick-leave claims?

Yes. An EOR Vietnam provider is the legal employer, so it registers the employee for social insurance, collects documents and files maternity and sickness claims with the social insurance office. The client company does not deal with the social insurance office directly. The benefit itself is still paid by the social insurance fund under Law 41/2024/QH15.

Does maternity leave affect EOR cost in Vietnam?

Maternity leave usually lowers EOR cost in Vietnam for those months. In any month with 14 or more working days of maternity leave, neither employer nor employee pays compulsory SI contributions, and the social insurance fund pays the benefit. The client pays extra only if it chooses a salary top-up.

Work with a licensed EOR in Vietnam

HR4U JSC is a licensed Employer of Record in Vietnam (labour outsourcing licence No. 24/2023/SBD). As the legal employer, an EOR handles social insurance for your team, including maternity and sick-leave claims, and should tell you early when a rule changes, as it did on 1 July 2026. Our EOR service starts from USD 109 per employee per month, with statutory costs passed through at cost. We care about your people as much as you do. View EOR in Vietnam or talk to us.

Last updated: 3 November 2026

This article is for general information and reflects rules in effect as of November 2026. It is not legal or tax advice.