Conditions for receiving maternity benefits from July 2025

The Lao Dong Newspaper Legal Consulting Office replied:

Article 50 of the Law on Social Insurance 2024 (effective from July 1, 2025) stipulates the subjects and conditions for enjoying maternity benefits as follows:

1. Subjects specified in Points a, b, c, d, i, k, l, m and n, Clause 1 and Clause 2, Article 2 of this Law are entitled to maternity benefits when falling into one of the following cases:

a) Pregnant female workers;

b) Female and child laborers;

c) Female surrogate mothers;

d) Female workers who are surrogate mothers;

d) Employees adopting children under 06 months old;

e) Employees using contraceptive measures that must be taken at medical examination and treatment facilities;

g) Male employees participating in compulsory social insurance have a wife giving birth, a pregnant wife giving birth.

2. The subjects specified in Points b, c, d and d, Clause 1 of this Article must pay compulsory social insurance for at least 06 months within 12 consecutive months before giving birth or receiving a child when asking for surrogacy or adopting a child under 06 months old.

3. The subjects specified in Point b and Point c, Clause 1 of this Article have paid compulsory social insurance for 12 months or more, and must take leave to take care of the fetus according to the prescription of a medical examination and treatment practitioner at a medical examination and treatment facility, must pay compulsory social insurance for 03 months or more within 12 consecutive months before giving birth.

4. Subjects who meet the conditions specified in Clause 2 or Clause 3 or Clause 5 of this Article but terminate their labor contract, employment contract or quit their job before giving birth or adopting a child when surrendering or adopting a child under 6 months old are still entitled to maternity benefits as prescribed in Articles 53, 54, 55 and 56 and Clauses 1, 2 and 3, Article 58 of this Law. The period of enjoying maternity benefits is not counted as the period of social insurance payment.

5. The subjects specified in Point b, Clause 1 of this Article have paid compulsory social insurance for at least 06 months within the 24-month period immediately preceding the birth in cases where they have to quit their jobs for infertility treatment.

Thus, from July 2025, the conditions for enjoying maternity benefits are regulated as above.