Source:https://thuvienphapluat.vn/phap-luat-doanh-nghiep/bai-viet/tong-hop-che-do-thai-san-2026-diem-moi-dieu-kien-muc-huong-20526.html

1.New points regarding maternity leave from July 1, 2026

New points regarding maternity leave from July 1, 2026 include: (1) Female workers giving birth to their second child will have 7 months of maternity leave instead of 6 months as currently; (2) When the wife gives birth to her second child, the husband will have 10 days of leave instead of 5 days as currently; (3) Increase the one-time maternity allowance from VND 4.68 million/child to VND 5.06 million/child (expected); (4) Increase the post-natal recovery allowance (if any) from VND 702,000/day to VND 759,000/day (expected).

Firstly, changes to maternity leave duration:

According to current regulations (Clause 1, Article 53 of the Social Insurance Law 2024), female employees giving birth are entitled to 6 months of maternity leave, with a maximum of 2 months of leave before childbirth. If giving birth to twins or more, for each child from the second child onwards, an additional 1 month of leave is granted.

However, from July 1, 2026, if giving birth to a second child, female employees will be entitled to 7 months of maternity leave, with a maximum of 2 months of leave before childbirth. If giving birth to twins or more, for each child from the second child onwards, an additional 1 month of leave is granted.

Secondly, changes to maternity benefits in 2026

The maternity benefits that female workers can receive in 2026 include the following three amounts: (1) One-time maternity allowance (4.68 million VND), (2) Maternity benefit (100% of the average monthly salary subject to social insurance contributions for the 6 months before maternity leave) and (3) Postpartum recovery allowance (702,000 VND/day) if applicable.

In which:

- Maternity benefits before and after July 1, 2026, will be based on the principle of receiving 100% of the average salary of the 6 most recent months of social insurance contributions (according to Article 59 of the 2024 Social Insurance Law).

- One-time allowance: In addition to maternity benefits, employees will receive a one-time allowance for each child born. The one-time allowance for each child is equal to twice the basic salary (4.68 million VND/child) in the month of birth.

Third, benefits for male employees

According to current regulations (Clause 2, Article 53 of the 2024 Social Insurance Law), husbands are entitled to 5 working days of leave when their wives give birth. However, from July, 1st 2026, if the wife gives birth to a second child, the husband will be entitled to 10 days of leave. In the case of triplets or more, an additional 3 working days of leave will be granted for each child from the third child onwards.

Above is a summary table of changes to the 2026 maternity leave regulations for male workers whose wives give birth before and after July 1, 2026. (Based on Clause 2, Article 53 of the 2024 Social Insurance Law, amended and supplemented by Clause 2, Article 29 of the 2025 Population Law)

An important point to note: If the wife does not meet the eligibility requirements for maternity leave (see section 2), the husband, if fully covered by social insurance, will still receive a one-time allowance upon childbirth. The amount received is equal to twice the basic salary (4.68 million VND/child)

2. Conditions for Receiving Maternity Benefits in 2026

The specific conditions for receiving maternity benefits in 2026 are as follows:

(i) Female employees giving birth; female employees acting as surrogate mothers, female employees using surrogate mothers, and employees adopting children under 6 months old who have contributed to social insurance for at least 6 months in the 12 months immediately preceding the time of giving birth or adopting a child.

(ii) Female employees giving birth; female employees acting as surrogate mothers who have contributed to compulsory social insurance for at least 12 months and who, during pregnancy, have to take leave for prenatal care as prescribed by an authorized medical facility, must have contributed to compulsory social insurance for at least 3 months in the 12 months immediately preceding the birth.

(iii) Female employees giving birth who previously had to take leave for infertility treatment must have contributed to compulsory social insurance for at least 6 months in the 24 months immediately preceding the birth.

See details on how to determine the 12-month and 24-month periods immediately preceding the time of childbirth or adoption in the legal section: Settling maternity benefits for employees from July 1st, 2025

(Based on Article 50 of the Social Insurance Law 2024)