Lawyer Nguyen Thi Thuy, YouMe Law Firm LLC, replied:
Article 26 of Decree 44/2025/ND-CP on labor management, wages, remuneration, and bonuses in State-owned enterprises stipulates bonuses and benefits for enterprises with 100% State capital as follows:
1. Bonuses and benefits for employees (including members of the Executive Board hired to work under labor contracts)
a) The Reward and Welfare Fund for Workers is determined, managed and used according to Government regulations on state capital investment in enterprises and management, use of capital and assets in enterprises and on financial regimes for credit institutions, foreign bank branches and financial supervision, evaluation of the effectiveness of state capital investment in credit institutions with 100% state capital and credit institutions with state capital;
b) The bonus fund is deducted from the employee reward and welfare fund decided by the enterprise. Based on this bonus fund, the enterprise rewards employees according to the bonus regulations;
c) The bonus regulations are developed and issued by enterprises after consulting with organizations representing employees at the facility, organizing dialogues at the workplace according to the provisions of labor law and making them public at enterprises before implementation.
2. Bonuses for Executive Board members, Council Members, Auditors
a) The bonus fund for members of the Executive Board working under the appointment regime, members of the Board, Supervisors working full-time and non-professional (called the bonus fund for business managers, Supervisors) is determined, managed and used according to the Government's regulations on state capital investment in enterprises and management, use of capital and assets in enterprises and on financial regimes for credit institutions, foreign bank branches and financial supervision, assessment of the effectiveness of state capital investment in credit institutions with 100% state capital held and state-owned credit institutions;
b) Based on the annual reward fund for business managers and inspectors, the business rewards members of the Executive Board, Council members, and inspectors with a contribution to production and business efficiency and management, operation, or control results according to the business's reward regulations;
c) The bonus regulations are developed and promulgated by enterprises in accordance with the provisions of law, ensuring democracy, publicity, and transparency, after consulting with the employee representative organization at the facility and having the approval of the employer's representative agency before implementation.
Thus, bonuses and benefits for 100% state-owned enterprises from April 15, 2025 are implemented according to the above regulations.
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