Conditions for enjoying 7-month maternity benefits when giving birth to the second child

According to Point a, Clause 1, Article 14 of the 2025 Population Law, from July 1, 2026, when giving birth to the second child, the maternity leave period for female workers is 7 months and male workers is 10 working days when the wife gives birth. To enjoy this regime, specific conditions are needed.

Ho Chi Minh City Social Insurance (BHXH) said that Clause 1, Article 2, Decree 168/2026/ND-CP detailing a number of articles and measures to organize and guide the implementation of the Population Law (effective from July 1, 2026) stipulates the conditions for enjoying maternity leave when giving birth to the second child as follows: Female workers giving birth to the second child, male workers when their wives give birth to the second child are eligible for maternity leave according to the provisions of the law on social insurance and are entitled to maternity leave when giving birth to the second child specified in Point a, Clause 1, Article 14 of the Population Law in the following cases: Female workers when giving birth to a child who is still alive at birth; Male workers when their wives give birth to a child who is still alive at birth.

Thus, the mandatory condition for female workers to be entitled to 7 months of maternity leave when giving birth to their second child and male workers to be entitled to 10 working days when their wives give birth is to have one child who is still alive before that.

Ho Chi Minh City Social Insurance said that maternity allowance is calculated based on the number of months of leave to enjoy maternity benefits specified in Clause 1, Article 53; one-month maternity allowance specified in Clause 1, Article 59 and the level of one-time allowance for each child specified in Clause 4, Article 58 of the 2024 Social Insurance Law.

Accordingly, female workers when giving birth to their second child are entitled to maternity allowance = Number of months of maternity leave x One-month maternity allowance. In which, one-month maternity allowance is equal to 100% of the average salary level used as the basis for compulsory social insurance contributions for the last 6 months before taking maternity leave.

In addition, they are also entitled to a one-time allowance for each child equal to 2 times the reference level in the month the female worker gives birth.

Regarding procedures for enjoying maternity leave when giving birth to a second child, Ho Chi Minh City Social Insurance said that in case employees are participating in social insurance, the unit prepares a dossier to submit to the social insurance agency where they are participating in social insurance, including documents according to the provisions of Article 61 of the 2024 Social Insurance Law and the List of requests for Form 01B-HSB clearly stated in the note column "Having a second child" corresponding to the child being born.

For cases where employees maintain their social insurance participation period and have quit their jobs before giving birth, employees submit dossiers at the grassroots social insurance agency conveniently, including documents as prescribed in Article 61 of the 2024 Social Insurance Law and Request Document Form 14-HSB in Section II. The content of the resolution request clearly states "Request to enjoy maternity benefits when giving birth to the second child as prescribed in Clause 1, Article 2 of Decree 168/ND-CP dated May 15, 2026 of the Government".

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