Maternity leave is one of the most important employment benefits for female employees and has always been a key focus of Vietnamese labor law. Recently, a new regulation extending maternity leave to 7 months has been officially approved and will soon take effect. Below are the key points that both employers and employees should be aware of.
1. New Regulation on Maternity Leave Duration
Under the Labor Code 2019, female employees are entitled to 6 months of maternity leave, including both prenatal and postnatal leave, with prenatal leave not exceeding 2 months.
However, at the 10th Session of the 15th National Assembly, the Law on Population was officially passed, introducing an important update to maternity leave regulations.
Specifically, female employees who give birth to their second child will be entitled to an additional 1 month of maternity leave compared to the current regulation.
Effective date: July 1, 2026
Accordingly, from this date onward, female employees giving birth to their second child will be entitled to a total of 7 months of maternity leave.
2. Can Female Employees Who Are 7 Months Pregnant Work at Night?
Pursuant to Article 137 of the Labor Code 2019, employers are not allowed to assign female employees to:
- Night work
- Overtime work
- Long-distance business trips
If the employee is 7 months pregnant or more, or 6 months or more for those working in remote, mountainous, border, or island areas.
Therefore, employers must not require female employees who are 7 months pregnant to work night shifts, even if they have not yet started their maternity leave.
3. State Policies on Female Employees and Gender Equality
Vietnamese labor law also clearly sets out policies to protect female employees and promote gender equality in the workplace, including:
- Ensuring equal rights for both male and female employees; preventing and addressing sexual harassment in the workplace
- Encouraging flexible working arrangements, part-time work, and work-from-home models
- Improving working conditions, healthcare, and welfare benefits for female employees
- Providing tax incentives for employers that employ a large number of female workers
- Developing childcare facilities and kindergarten systems in areas with a high concentration of employees
4. What Employers should know:
- Maternity leave extended from 6 to 7 months for second-child cases
- Pregnant employees (from month 7) must not be assigned to night shifts, overtime, or long-distance travel
- HR policies should be reviewed to ensure full legal compliance
For international companies operating in or entering Vietnam, understanding local labor regulations is key to managing workforce risks and building sustainable teams.
At Metasource, we help businesses stay compliant while focusing on growth.
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