The Government issued Decree No. 168/2026/ND-CP detailing a number of articles and measures to organize and guide the implementation of the Population Law.
Regarding the conditions for enjoying maternity leave when giving birth to a second child, the Decree stipulates that female workers who give birth to a second child and male workers when their wives give birth to a second child are eligible for maternity leave according to the provisions of the law on social insurance (BHXH) and are entitled to maternity leave when giving birth to a second child as prescribed in point a, clause 1, Article 14 of the Population Law in the following cases:
- Female workers when giving birth who at the time of birth have one surviving biological child;
- Male workers when their wives give birth and at the time of birth, the wife has a surviving biological child.
The Decree also clearly states: In cases specified in Clause 2, Article 52 of the Law on Social Insurance, they are not entitled to maternity leave when giving birth to a second child as prescribed above.
Procedures for enjoying maternity leave when giving birth to the second child are carried out according to the law on social insurance and the process of resolving social insurance benefits, paying social insurance benefits, and unemployment insurance of the Minister of Finance.
The declarant is fully responsible before the law for the accuracy and truthfulness of the declaration content requesting to enjoy the regime specified above.
The Decree stipulates a minimum financial support level of 2 million VND/woman when giving birth in the following cases:
a. Very few ethnic minority women;
b. Women in provinces and cities with birth rates below replacement birth rates;
c. Women who have 2 children before the age of 35.
Women who give birth to children who are also in cases a, b, c above are entitled to a level of support.
The order and procedures for implementing financial support when giving birth are as follows:
The Chairman of the People's Committee of communes, wards, and special zones (collectively referred to as the Commune-level People's Committee) shall base on information from the interconnected birth registration procedure system, the national population database, the national identification application (VNeID) and available databases to decide on financial support and implement payments for women giving birth according to the above regulations at the same time as birth registration.
The above regulations take effect from July 1, 2026. For cases specified in b, c, they take effect from January 1, 2027.
Financial support funds are guaranteed by the local budget.
The Decree also clearly stipulates the level of financial support, implementation methods, and priority roadmap for screening for some prenatal and newborn congenital diseases:
- The level of support for screening for prenatal congenital diseases is paid according to reality but not exceeding 900,000 VND/case, and newborn congenital diseases are paid according to reality but not exceeding 600,000 VND/case.
In case the competent authority approves the price of the service package, the financial support level shall be implemented according to the price of the approved service package.
The above support level is paid directly to the medical facility collecting samples and the medical facility performing screening techniques.
Point a, Clause 1, Article 14 of the Population Law stipulates that in case of having a second child, the maternity leave for female workers is 7 months; male workers is 10 working days when the wife gives birth.
