Sending a question to the Ministry of Education and Training via the Government's Electronic Information Portal, Ms. Ha Thi Thanh Nhan said that according to Article 4 of Decree No. 73/2024/ND-CP, the periodic bonus regime is based on the results of the annual assessment and classification of the level of task completion.
According to Point b, Clause 1, Article 8 of Decision No. 786/QD-BNV dated November 6, 2024, the basis for considering bonuses is the Decision approving the results of annual assessment and classification of the quality of cadres, civil servants, public employees, and workers by the competent authority; Clause 2, Article 6 of Decision No. 786/QD-BNV, the 2024 bonus fund is 6 months.
Pursuant to Clause 2, Article 20 of Decree No. 90/2020/ND-CP, the time for annual quality assessment and classification for public service units operating in the field of education and training with the end of the working year before December every year shall the head of the public service unit decide on the time for assessment and classification.
According to the above contents, the basis for considering bonuses for school units in 2024 is the results of the assessment and classification of civil servants in the 2023-2024 school year, and the bonus fund for the above assessment results is 6 months of 2024. However, the school where Ms. Nhan works is instructed to conduct an assessment and classification for the last 6 months of 2024 as a basis for the 2024 bonus.
Ms. Nhan asked, if it is implemented as instructed, is it in accordance with the regulations?
The Ministry of Education and Training responds to this issue as follows:
Decree No. 73/2024/ND-CP dated June 30, 2024 of the Government stipulates: "The head of a public service unit is responsible for developing specific regulations to implement the bonus regime applicable to subjects on the salary list of the agency or unit; send them to the management agency at the level directly above for management, inspection and public implementation in the agency or unit".
In addition, according to Clause 2, Article 20 of Decree No. 90/2020/ND-CP, the time for annual assessment and classification of quality for civil servants in public service units of education is decided by the head of the unit, based on the end of the school year or the working year.
The implementation of evaluation and classification of civil servants according to the 2023-2024 school year as a basis for considering bonuses in 2024 is in accordance with current regulations. If the locality guides the implementation of the assessment for the last 6 months of 2024 as a basis for bonuses, it is necessary to clarify whether it is a separate regulation in the unit's Bonus Regulations (issued by the head), or there is a specific guidance document from the competent authority.
Based on current regulations, the Ministry of Education and Training recommends that Ms. Nhan directly contact the Principal of the school or the direct superior management agency (Department of Education and Training/Department of Internal Affairs) to clearly explain the legal basis for implementing the instructions in the locality and ensure her rights in accordance with the provisions of law.
