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3 New Employee Benefits from 2026 Under Vietnam’s Latest Labor Regulations
17:00 - 21/05/2026

Starting from 2026, many new legal regulations officially take effect, directly impacting employees’ rights and benefits, particularly in areas related to personal data protection and maternity policies. Below are three important new rights employees should understand under the 2025 Personal Data Protection Law and the 2025 Population Law in order to better protect their legitimate rights and interests.

 

1. Employees Have the Right to Request Deletion of Personal Data After Leaving a Company

According to Clause 2, Article 25 of the 2025 Personal Data Protection Law (Law No. 91/2025/QH15), organizations, businesses, and employers are responsible for protecting employees’ personal data throughout the employment relationship.

Specifically, the law states that:

  • Employee personal data must only be stored for the period required by law or based on mutual agreement.

  • Employers are required to delete or destroy employees’ personal data once the labor contract is terminated, unless otherwise required by law or agreed upon by both parties.

Therefore, starting from 2026, companies are no longer allowed to retain personal records such as ID cards, HR documents, health information, or other personal data without a valid legal basis after an employee resigns or terminates employment.

2. Job Applicants Have the Right to Request Deletion of Their Information if Not Hired

Under Clause 1, Article 25 of the 2025 Personal Data Protection Law, employers are only permitted to collect information necessary for recruitment purposes.

The law also clearly states that:

  • Candidate information may only be used for recruitment purposes or other agreed purposes compliant with legal regulations.

  • Processing candidate data requires the applicant’s consent.

  • Employers must delete or destroy applicant information if the candidate is not hired, unless another agreement exists between both parties.

As a result, from 2026 onward, unsuccessful candidates have the right to:

  • Prevent companies from continuing to use their personal information for unrelated purposes.

  • Request deletion of CVs, application documents, and contact information from company databases.

This regulation significantly strengthens personal data privacy rights for job seekers in Vietnam’s increasingly digital recruitment environment.

3. Female Employees Giving Birth to a Second Child Are Entitled to 7 Months of Maternity Leave

According to Point a, Clause 1, Article 14 of the 2025 Population Law (Law No. 113/2025/QH15), Vietnam introduces new measures to maintain replacement-level fertility, including adjustments to maternity policies.

Under the new regulations:

  • Female employees giving birth to a second child are entitled to 7 months of maternity leave.

  • Male employees are entitled to 10 working days of leave when their wife gives birth to a second child.

In addition, amendments to the 2019 Labor Code specify that:

  • Standard maternity leave remains 6 months for female employees.

  • In the case of a second child, maternity leave increases to 7 months, with prenatal leave not exceeding 2 months.

  • For multiple births, mothers receive an additional month of leave for each child starting from the second child onward.

For male employees:

  • If the wife gives birth to twins or a second child, the husband is entitled to 10 working days of leave.

  • In cases of triplets or more, an additional 3 working days are granted for each child from the third child onward.

Therefore, starting from 2026, female employees giving birth to a second child will officially receive 7 months of maternity leave — one month longer than current regulations — while husbands will also receive additional leave to support family care responsibilities.

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