Mr. Nguyen Hong Mai (name changed) is a teacher at a high school in Dak Nong province.
The school where he works is preparing to allocate funds to pay the bonus according to Decree No. 73/2024/ND-CP.
"Currently, the school is developing a bonus regulation. If the school bases the payment on the evaluation and classification of civil servants for the 2023-2024 school year (the education sector finishes evaluating civil servants in May every year), is it legal?" - Mr. Mai wondered.
Regarding the reflection and recommendation of Mr. Nguyen Hong Mai, the Ministry of Home Affairs has responded on the Electronic Information Portal.
Accordingly, the Government issued Decree No. 73/2024/ND-CP dated June 30, 2024 stipulating the basic salary and bonus regime for cadres, civil servants, public employees and armed forces.
In particular, Article 4 of this Decree stipulates the subjects of application and the level of bonuses and assigns the head of the competent authority to manage or delegate the authority to manage cadres, civil servants and heads of public service units to be responsible for developing specific regulations to implement the bonus regime applicable to subjects in the salary list of the agency or unit.
The bonus regulations of agencies and units specified in Clause 2 of this Article must include the following contents:
Scope and subjects of application; Bonus criteria based on outstanding work achievements and based on the results of assessment and classification of annual task completion level of salaried employees in agencies and units;
Specific bonus levels for each case, not necessarily linked to the salary level according to the salary coefficient of each person; Process and procedures for considering bonuses; Other regulations according to the management requirements of the agency or unit (if necessary).
The annual bonus fund prescribed in this Article is outside the reward fund prescribed by the Law on Emulation and Reward, and is determined by 10% of the total salary fund (excluding allowances) according to the position, title, rank, level and military rank of the subjects in the salary list of the agency or unit.
By January 31 of the following year, if an agency or unit has not used up the year's bonus fund, it cannot transfer the source to the following year's bonus fund.
The organization and implementation of policies for cadres, civil servants and public employees in Dak Nong province is under the authority of the Provincial People's Committee.
Therefore, the Ministry of Home Affairs recommends that you contact the agency managing cadres, civil servants and public employees of Dak Nong province (Department of Home Affairs) for answers.