Decree Providing Detailed Provisions on Certain Articles and Organizational and Implementing Measures for the Population Law

 

 

DECREE
Detailed provisions for certain articles and organizational measures,
and guidance on the implementation of the Population Law

 

BASED ON The Law on Organization of the Government No. 63/2025/QH15; The Population Law No. 113/2025/QH15 In accordance with the proposal by the Minister of Health;

The Government promulgates this Decree to provide detailed provisions for certain articles and organizational measures, and guidance on the implementation of the Population Law;

Article 1. Scope of Application

1. This Decree provides detailed provisions for paragraphs 2 of Article 14, paragraph 5 of Article 18, point a of paragraph 2 of Article 21, and paragraph 2 of Article 25 of the Population Law, including: a) Conditions and procedures for enjoying maternity leave benefits when giving birth to the second child; financial support levels and procedures for implementing such financial support as provided in paragraph 2 of Article 14 of the Population Law;.

b) Care for elderly people at home and community-based care for elderly people as provided in paragraph 5 of Article 18 of the Population Law;

c) Scope, target groups, and financial support levels for prenatal and neonatal screening examinations for certain congenital diseases according to the prioritized schedule specified in point a of paragraph 2 of Article 21 of the Population Law;

d) Policies and conditions for population workers as provided in paragraph 2 of Article 25 of the Population Law.

2. Organizational measures and guidance on implementing financial support when giving birth, prenatal and neonatal screening examinations, and monthly remuneration policies for population workers.

Article 2. Conditions and Procedures for Enjoying Maternity Leave Benefits When Giving Birth to the Second Child

1. Conditions for enjoying maternity leave benefits when giving birth to the second child Female employees who give birth to their second child, male employees whose spouse gives birth to her second child are eligible to enjoy maternity leave benefits as provided by social insurance law and may enjoy maternity leave benefits when giving birth to their second child as specified in point a of paragraph 1 of Article 14 of the Population Law under the following circumstances:

a) Female employees who give birth while having one living child;

b) Male employees whose spouse gives birth and at the time of birth, the wife has one living child.

2. The provisions in paragraph 2 of Article 52 of the Social Insurance Law do not apply to the conditions for enjoying maternity leave benefits when giving birth to the second child as specified in paragraph 1 of this article.

3. Procedures for enjoying maternity leave benefits when giving birth to the second child shall be carried out in accordance with social insurance law and the procedures for applying for, paying, and disbursing social insurance benefits, unemployment insurance benefits as stipulated by the Minister of Finance.

4. The person declaring is fully responsible before the law for the accuracy and truthfulness of the content declared to apply for the benefits specified in paragraph 1 of this article.

Article 3. Financial Support Levels When Giving Birth and Procedures for Implementing Financial Support

1. The minimum financial support level is 2,000,000 Vietnamese dong per woman giving birth under any of the following circumstances:

a) Women from ethnic minorities with very small populations;

b) Women in provinces or cities with fertility rates below the replacement level;

c) Women who give birth to two children before 35 years of age. A woman giving birth while simultaneously meeting the conditions specified at points a, b, and c of paragraph 1 of this article shall receive one support level.

2. Procedures for implementing financial support when giving birth The People's Committee of the commune, ward, or special district (collectively referred to as the People's Committee at the commune level) decides on providing financial support and disburses funds to women who give birth according to the provisions in paragraph 1 of this article concurrently with the registration of birth based on information from the interlinked procedures for registering births, national population database, National Identity System (VNeID), and available databases.

b) Women in provinces, cities having a birth rate below the replacement level;

c) Women who give birth to two children before age thirty-five. Women who simultaneously fall under the cases specified at point a, b and point c of this clause shall be entitled to one level of support.

2. Procedure for implementing financial assistance upon giving birth: The People's Committee of the commune, ward, or special district (hereinafter referred to as the People's Committee at the commune level) shall decide on providing financial assistance and make payment to women who give birth in accordance with the provisions of this clause based on information from the interlinked registration system for birth registration, national population database, National Identity System (VNeID), and other available databases upon the time of birth registration.

Article 4. Care for Elderly Persons at Home

1. Content of care

a) Providing knowledge and skills in care, prevention of diseases, early detection, and care for elderly persons with common illnesses;

b) Supporting the elderly to enhance physical and mental health; maintaining social connections;

c) Assisting the elderly in daily activities.

2. Persons providing home care for the elderly

a) Family members of the elderly;

b) Domestic helpers as provided by labor law;

c) Care providers as specified in Clause 1, Article 8 of this Decree, assigned by the village health station to provide care for lonely and home-care-needing elderly persons.

Article 5. Community-based Elderly Care Services

1. Community-based Elder Care Clubs are non-legal entity organizations established by the Association of the Elderly or other organizations in accordance with law.

2. Daytime care points for the elderly in communities are special models under village health stations, assisting the Chairperson of the People's Committee at the commune level to provide care for the elderly within their jurisdiction on a day-return basis. The daytime care point for the elderly does not have legal personality and does not conduct medical examinations or treatments; it is located at a suitable site in the commune such as the village health station, community clinic point, cultural house, or other appropriate location.

Article 6. Content of Care Provided by Community-based Elder Care Clubs

1. Content of care provided by community-based elder care clubs:

a) Guiding knowledge and skills in care, prevention of diseases, enhancement of physical and mental health; early detection of risks, self-care when suffering from common illnesses;

b) Organizing recreational, entertainment, cultural, artistic activities; physical exercise, sports; practicing qigong and other exercises to enhance physical and mental health;

c) Organizing activities to leverage roles and experiences suitable for the interests and needs of club members.

2. Encouraging the head of the club to incorporate the content specified in Clause 1, Article 5 of this Decree into the activities of the club as provided in Clause 1, Article 5 of this Decree.

Article 7. Daytime Care Points for Elderly Persons in Communities

1. Daytime care points for elderly persons in communities are as specified in Clause 2, Article 5 of this Decree.

2. Content of care

a) Guiding knowledge and skills in care, prevention of diseases, enhancement of physical and mental health; early detection of risks, self-care when suffering from common illnesses;

b) Organizing physical exercise and sports; practicing qigong to enhance health;

c) Guiding and providing care for elderly persons during their daily activities.

3. Based on the circumstances and conditions of the locality, the Chairperson of the People's Committee at the commune level decides to establish a daytime care point for the elderly in communities under the village health station based on the number of elderly persons, staff working at the point, specific location as per the request of the village health station, ensuring safety and suitability for the characteristics of elderly persons.

Article 8. Caregivers for Older Adults in the Community

1. Persons Providing Care for Older Adults in the Community

a) Voluntary caregivers for older adults are individuals who voluntarily participate in supporting older adults in daily activities at home as provided under point c of clause 1 of this Decree and under point care for older adults during the day in the community as provided under point c of clause 2 of this Decree. Voluntary caregivers participating in the care of older adults do not receive remuneration and act according to the assignment of the local health station;

b) Personnel from the local health station, population collaborators, village health workers, social work staff participate in providing care for older adults at home as provided under clause 1 of this Decree, point care for older adults during the day in the community according to the part-time service regulations provided under clause 2 of this Decree and other tasks assigned by the local health station.

2. The persons specified in paragraph a of this clause are trained and guided by the local health station on supporting older adults in daily activities.

3. The persons specified in paragraph b of this clause are trained according to the professional guidance provided by the Minister of Health on providing care for older adults at home, in the community.

Article 9. Scope and Target Group for Prenatal and Neonatal Screening of Certain Congenital Diseases

1. Pregnant women shall be examined and undergo screening for four basic diseases: Down syndrome, Edwards syndrome, Patau syndrome, Thalassemia (sickle cell disease) (hereinafter referred to as the prenatal screening service package).

2. Newborn infants shall be examined and undergo screening for five basic diseases: congenital hypothyroidism, glucose-6-phosphate dehydrogenase deficiency, congenital adrenal hyperplasia, congenital hearing impairment, severe congenital heart defects (hereinafter referred to as the neonatal screening service package).

Article 10. Financial Support Level, Implementation Method, and Priority Schedule for Prenatal and Neonatal Screening of Certain Congenital Diseases

1. Financial support level and implementation method:

a) The financial support for prenatal screening of congenital diseases as provided under clause 1 of Article 9 of this Decree shall be paid based on actual costs but not exceeding 900,000 Vietnamese dong per case; the financial support for neonatal screening of congenital diseases as provided under clause 2 of Article 9 of this Decree shall be paid based on actual costs but not exceeding 600,000 Vietnamese dong per case. In cases where an authority with jurisdiction approves the price of the service package, financial support will be provided according to the approved service package price. The above-mentioned financial support is directly remitted to the medical facility collecting samples and performing screening techniques.

b) The implementation method for prenatal and neonatal screening of congenital diseases shall be carried out in accordance with the provisions of the law on assigning tasks or placing orders or bidding for public service products using state budget funds from regular expenditure sources. For medical facilities conducting pre- and postnatal screening, when assigned by the State to perform tasks where they do not have sufficient professional capacity to fully implement the service package, they may enter into a contract for specialized support with other medical facilities that meet the required professional capacity.

2. Priority schedule:

a) From July 1, 2026, to December 31, 2026: Pregnant women and newborn infants from poor households, near-poor households, social assistance recipients; residents of extremely difficult villages; communes in ethnic minority areas, mountainous regions, border areas, and islands shall use the free service package as provided under Article 9 of this Decree and the financial support level specified in paragraph a of this clause from state budget funds;

b) From January 1, 2027: All pregnant women and newborn infants will receive financial support for the service package as provided under Article 9 of this Decree and the financial support level according to the provisions in paragraph a of this clause from the funding sources specified in paragraph b of clause 2 of this Decree.

Article 11. Policies and Benefits for Population Workers

1. A population worker is a person engaged in population work at communes, villages, hamlets, wards, settlements, camps, villages, hamlets, communities, neighborhood units, or other similar administrative divisions that meet the specified standards and perform tasks as prescribed by the Minister of Health.

2. Population workers are entitled to monthly remuneration based on the minimum wage level as follows:

a) Level 0.5 applies to population workers working in communes with 350 or more households; special difficult communes as determined by the Decision of the Minister of Ethnic Affairs and Religion; communes, villages at difficult areas as prescribed; neighborhood units, community units with 500 or more households;

b) Level 0.4 applies to population workers working in other areas.

3. Based on local conditions, the People's Committee of each province decides the number of population workers and submits to the People's Council for determining the monthly remuneration level not lower than that prescribed in paragraph 2 of this Article.

4. Health personnel from villages or other community-based workers who concurrently serve as population workers are entitled to a concurrent monthly remuneration based on agreements within contracts signed between all parties, with the concurrent remuneration not exceeding the levels specified in points (a) and (b) of paragraph 2 of this Article.

Article 12. Implementation Costs

1. The financial support for childbirth expenses as prescribed in Article 3 of this Decree is to be guaranteed by local budgets.

2. Financial support for prenatal screening and newborn screening:

a) From July 1, 2026, to December 31, 2026, the local budget will cover the costs for individuals as specified in paragraph 2 of Article 10 of this Decree according to Decision No. 1999/QĐ-TTg dated December 7, 2020, by the Prime Minister approving the Expanded Screening, Diagnosis, and Treatment Program for Certain Prenatal and Newborn Diseases until 2030;

b) From January 1, 2027, the national budget from the National Target Program on Health Care, Population, and Development (Phase 2026-2035) will cover costs for individuals as prescribed in Article 9 of this Decree until the list of diseases to be screened prenatally and postnatally is specified by competent authorities within the list of diseases covered by health insurance according to the schedule of increasing health insurance contributions and the ability to balance the health insurance fund;

c) Other financial sources as prescribed by law.

3. Costs for activities at day care centers for the elderly in communities include:

a) Local budgets;

b) Other financial sources as prescribed by law.

4. Costs for monthly remuneration of population workers as specified in paragraph 2 of Article 11 of this Decree are to be guaranteed by local budgets.

5. Encouragement is given to political and social organizations, professional associations, social organizations, enterprises, families, and individuals to support and sponsor care for the elderly at home or in communities; to establish and form day care centers for the elderly in communities.

Article 13. Implementation

1. Ministry of Health

a) Provide professional guidance on caring for the elderly at home, in communities as prescribed in paragraph 1 of Article 4 of this Decree; points (a), (b) of point 1 of Article 6 and points (a), (c) of point 2 of Article 7 of this Decree;

b) Guide the implementation of training on elderly care for individuals as specified in point (b) of paragraph 1 of Article 8 of this Decree;

c) Provide guidance on organizing professional vocational training, support, and technology transfer for prenatal and newborn screening to medical institutions; direct the implementation of prenatal and newborn screening services for localities and units that do not implement according to legal provisions on placing orders or assigning tasks;

d) Guide key policy content encouraging, rewarding, and supporting collective bodies and individuals who perform well in population work.

2. Ministry of Finance

a) Coordinate with the Ministry of Health to present to competent authorities for budget allocation at the central level to implement provisions of this Decree;

b) Include second-child births as specified in paragraph 1 of Article 2 of this Decree in the process of applying and paying social insurance benefits, including unemployment insurance benefits;

c) Regularly publish by the Central Statistics Agency the national birth rate status, gender imbalance at birth status, regional economic and social conditions, provinces, cities as of the time of publication of the National Statistical Yearbook annually; periodically publish ethnic minority population statistics every five years in the second quarter of years ending in 5 or 0 to enable the Government and provincial authorities to develop and implement supportive policies that encourage maintaining replacement-level fertility rates and measures to reduce gender imbalance at birth.

3. Ministry of Construction

Guide, monitor the degree of compliance with infrastructure and service facilities in urban and rural planning, social housing development, and urban development to meet the needs of the elderly.

4. People's Committee of each province

a) Present to the provincial People's Council for decision-making on budget allocation from local budgets to implement provisions of this Decree;

b) Guide the People's Committee at the commune level in implementing financial support as specified in Article 3 of this Decree;

Article 14. Enforceability

1. This Decree shall come into force on July 1, 2026, except as provided in Clause 2 of this Article.

2. The provisions at Point b and Point c of Clause 1, Paragraph 2; Point b of Paragraph 2; and Point b of Paragraph 2 of Clause 10 of this Decree shall come into force on January 1, 2027.

3. The Decree No. 39/2015/NĐ-CP of the Government providing policies to support women from poor households who are ethnic minorities when giving birth in accordance with population policy will cease to be effective as of July 1, 2026.

Article 15. Transitional Provisions

1. Where the new remuneration level for population workers is higher than the current level they are currently receiving, such population workers shall continue to receive their current remuneration until the end of 2026, and the difference in remuneration from July 1, 2026, to December 31, 2026, will be paid in 2027.

2. Women from poor households who are ethnic minorities that have submitted applications for support under Decree No. 39/2015/NĐ-CP before this Decree comes into force shall continue to be processed according to the provisions of Decree No. 39/2015/NĐ-CP and relevant implementing documents.

Article 16. Implementation Responsibility

The Minister, Heads of agencies at the ministerial level, Chairmen of People's Committees of provinces and cities, and related organizations and individuals shall be responsible for implementing this Decree.