The government is seeking public feedback on a draft decree guiding the Population Law, which is expected to allow female workers giving birth to a second child to take 7 months of maternity leave starting from 1/7. The social insurance agency will pay benefits equal to 100% of the average salary on which social insurance contributions were based for the 6 consecutive months prior to the worker's leave.

A baby born on National Day, 2/9/2025, at the National Hospital of Obstetrics and Gynecology. *Giang Huy*

Following the provisions for women, the draft and amended Social Insurance Law also extend benefits to men contributing to compulsory social insurance. A husband whose wife gives birth to a second child is entitled to 10 working days of leave. If the family welcomes three or more children, the father receives an additional 3 days for each child from the third onwards. Significantly, from 1/7/2025, the law permits male workers to use their paternity leave within the first 60 days after their wife gives birth, extending from the previous 30-day limit. Fathers have the option to split their leave into multiple periods, provided the final period falls within this 60-day window.

The Social Insurance Law 2024 stipulates that mothers must have contributed to compulsory social insurance for at least 6 months within the 12 consecutive months preceding the birth to be eligible for benefits. Authorities will allow the accumulation of contribution periods if there are interruptions. The monthly benefit for women is 100% of the average salary used as the basis for contributions during the 6 most recent months. For men, the social insurance agency calculates the daily benefit by dividing the monthly entitlement by 24 days.

The law also clearly defines paternity leave duration based on different birth circumstances. Men receive 5 working days of leave when their wife has a natural birth, which increases to 7 days if the wife undergoes a caesarean section or gives birth to a child under 32 weeks old. The birth of twins grants the father 10 days of leave, extending to 14 days if the wife has a caesarean section for a twin birth.

To receive benefits, workers must submit documentation including a copy of the child's birth certificate or birth confirmation, along with a form verifying the birth of a second child, certified by the commune-level People's Committee (Uy ban Nhan dan cap xa).

Sample form for confirming the birth of a second child. *Draft Decree*

The Population Law was approved in 12/2025 with four major objectives: maintaining the replacement fertility rate, reducing the birth gender imbalance, adapting to population aging, and enhancing population quality. The national birth rate is currently declining below the replacement level, dropping from 2,11 children per woman in 2021 to 1,91 in 2024, and then to 1,93 in 2025. With such low birth rates, Vietnam is projected to face challenges in achieving its national replacement fertility rate target by 2030.

Hong Chieu