Lawyer Tran Phi Dai, Ho Chi Minh City Bar Association, said: Clause 1, Article 53 of the 2024 Law on Social Insurance stipulates that the maternity leave period of female workers when giving birth is implemented according to the provisions of Clause 1, Article 139 of the Labor Code.
Clause 1, Article 139 of the 2019 Labor Code stipulates: Female workers are entitled to maternity leave before and after childbirth for 6 months; the pre-birth leave period does not exceed 2 months. In case female workers have twins or more, from the second child onwards, for each child, the mother is entitled to an additional 1 month of leave.
However, from July 1, 2026, when the 2025 Population Law takes effect, this regulation has changed.
Accordingly, Article 29 of the 2025 Population Law amends and supplements Clause 1, Article 139 of the 2019 Labor Code as follows: "Female workers are entitled to maternity leave before and after childbirth for 6 months; in case of giving birth to the second child, female workers are entitled to maternity leave before and after childbirth for 7 months; the pre-birth leave period does not exceed 2 months. In case female workers give birth to twins or more, from the second child onwards, for each child, the mother is entitled to an additional 1 month of maternity leave". Thus, female workers giving birth to the second child will be entitled to maternity leave before and after childbirth for 7 months.
For cases where male workers are participating in compulsory social insurance when their wives give birth, the number of days off also has a small change. Accordingly, before July 1, 2026, according to Point c, Clause 2, Article 53 of the 2024 Social Insurance Law, in case of twin wives, male workers are entitled to 10 working days off. In case of triplets or more, they are entitled to an additional 3 working days off for each child from the third child onwards.
However, according to the provisions of Clause 2, Article 29 of the 2025 Population Law amending and supplementing Point c, Clause 2, Article 53 of the 2024 Social Insurance Law, in case a wife gives birth to twins or a wife gives birth to the second child, she is entitled to 10 working days off. In case of giving birth to three or more children, she is entitled to an additional 3 working days off for each child from the third child onwards.
Thus, the Population Law has added benefits for employees who have a second child or more in the direction of having more leave," lawyer Dai said.
