According to Vietnam Social Insurance, the 2024 Law on Social Insurance (VSS) (effective from July 1, 2025) inherits and develops appropriate current regulations that have been tested in practice, amends inappropriate regulations, ensures feasibility, long-term, consistency and unity of the legal system as well as better ensures the rights of employees.
One of the notable points is to increase the rights of voluntary social insurance participants.
Accordingly, Clause 3, Article 4 of the Law on Social Insurance 2024 stipulates voluntary social insurance regimes including: Maternity allowance; Pension; Death.
Thus, from July 1, 2025, in addition to the retirement and death benefits, voluntary social insurance participants will also receive additional maternity benefits.
According to Articles 94, 95, 96 and 97 of the Social Insurance Law 2024, the maternity allowance regime for voluntary social insurance participants is regulated as follows:
Subjects and conditions for receiving maternity benefits
Subjects who have paid voluntary social insurance or have paid compulsory social insurance and have paid voluntary social insurance for at least 6 months within 12 months before giving birth are entitled to maternity benefits when falling into one of the following cases: Female workers giving birth; Male workers with wives giving birth.
In case only the mother participates in social insurance but the mother dies after giving birth, the father or the person directly raising her will receive maternity benefits.
In case both father and mother participate in social insurance and are eligible for maternity benefits as prescribed in Clause 1, Article 94 of the Law on Social Insurance 2024, only the father or mother is entitled to maternity benefits.
In case the person specified in Clause 1, Article 94 of the Law on Social Insurance 2024 is eligible for maternity allowance under voluntary social insurance and is eligible for maternity allowance under compulsory social insurance, he/she is only entitled to maternity allowance under compulsory social insurance.
In case the mother is eligible for maternity benefits under compulsory social insurance, the father is eligible for maternity benefits under voluntary social insurance, the mother is entitled to maternity benefits under compulsory social insurance and the father is entitled to maternity benefits under voluntary social insurance.
In case the father is eligible for maternity benefits under compulsory social insurance, the mother is eligible for maternity benefits under voluntary social insurance, the father is entitled to maternity benefits under compulsory social insurance and the mother is entitled to maternity benefits under voluntary social insurance.
Maternity allowance level
The maternity allowance is 2,000,000 VND for each child born and each fetus aged 22 weeks or older that dies in the uterus, the fetus dies during labor.
Female workers who are ethnic minorities or female workers of Kinh ethnic group whose husband is an ethnic minority in a poor household who has children are also entitled to other support policies according to Government regulations.
The state budget ensures the implementation of the provisions of Clause 1, Article 95 of the Law on Social Insurance 2024. The Government decides to adjust the maternity allowance level in accordance with the socio-economic development conditions and the capacity of the state budget in each period.
