VI This article outlines the mandatory components of the bonus policy for public officials and civil servants, the authority responsible for developing and issuing such policies, and the requirements for making them public, in accordance with Decree 161/2026/ND-CP. Join Pham Consult to learn more!
What must be included in the bonus policy for public officials and civil servants in agencies and units under Decree 161/2026/ND-CP?
According to current regulations, the bonus policy for public officials and civil servants in agencies and units must include the following:
(1) Scope and subjects of application;
(2) Criteria for awarding bonuses based on exceptional work achievements, as well as on the results of quarterly or semi-annual monitoring and evaluation, and annual performance/quality ratings of individuals receiving a salary within the agency or unit;
(3) Specific bonus amounts for each case, which do not necessarily have to be linked to an individual’s salary coefficient;
(4) Processes and procedures for considering and granting bonuses. (5) Other provisions as required by the management needs of the agency or unit (if necessary).
The current regulations regarding the content of the bonus policy for civil servants and public employees within agencies and units are stipulated in Clause 3, Article 4 of Decree 161/2016/NĐ-CP, as follows:
Bonus Scheme
- The bonus policy of an agency or unit, as specified in Clause 2 of this Article, must include the following:
- a) Scope and subjects of application;
- b) Criteria for bonuses based on exceptional work achievements, as well as on the results of quarterly and semi-annual monitoring and evaluation, and annual performance/quality assessments of individuals receiving salaries within the agency or unit;
- c) Specific bonus amounts for each case, which do not necessarily have to be linked to the individual’s salary coefficient;
- d) Procedures and processes for considering bonuses;
- e) Other provisions as required by the management needs of the agency or unit (if necessary).
- The annual bonus fund stipulated in this Article is separate from the commendation and reward fund established under the Law on Emulation and Commendation. It is calculated as 10% of the total salary fund (excluding allowances) based on the positions, titles, ranks, grades, and military/police ranks of the individuals included in the agency’s or unit’s payroll.
By the end of the fiscal year—including the period for finalizing accounts—if an agency or unit has not fully utilized its annual bonus fund, the remaining budget allocation shall be cancelled (in the case of an unspent budget allocation) or returned to the state budget (in the case of an unspent advance payment).
Who currently has the authority to develop and issue bonus policies for civil servants and public employees? Pursuant to Clause 2, Article 4 of Decree 161/2026/NĐ-CP, the current bonus scheme is stipulated as follows:
Bonus Scheme
- The bonus scheme shall be implemented based on exceptional work achievements and the results of annual monitoring, evaluation, and quality classification for the individuals specified in Clause 2, Article 2 of this Decree.
- The bonus scheme stipulated in Clause 1 of this Article shall be used for both ad-hoc bonuses (based on work achievements) and periodic annual bonuses (based on quarterly or semi-annual monitoring and evaluation, and annual quality classification) for each individual on the payroll of the agency or unit. This shall be carried out in accordance with a “Bonus Regulation” developed and issued by: the heads of units within the armed forces (as prescribed by the Ministry of National Defence or the Ministry of Public Security); the heads of agencies with the authority—or delegated authority—to manage civil servants and public employees; and the heads of public service delivery units. Such Bonus Regulation must be submitted to the immediate superior management body for oversight and inspection, and must be made public within the respective agency or unit.
Accordingly, the head of an agency with the authority—or delegated authority—to manage civil servants and public employees is the person empowered to develop and issue the bonus regulation for such personnel.
The bonus regulation for civil servants and public employees within an agency or unit must be submitted to the immediate superior management body for oversight and inspection, and must be made public within the agency or unit.
What are the specific obligations of civil servants and public employees in the performance of their official duties?
Pursuant to Article 7 of the 2025 Law on Civil Servants and Public Employees, the obligations of civil servants and public employees in the performance of their official duties are detailed as follows:
– Properly and fully carry out assigned duties and powers, and take responsibility for the outcomes; proactively enhance one’s capacity, professional qualifications, and expertise to meet job requirements; and apply science, technology, and digital transformation in the performance of duties.
– Maintain a sense of organizational discipline; strictly adhere to the internal rules and regulations of the agency, organization, or unit; report any observed violations of the law within the agency, organization, or unit to the competent authority; and safeguard state secrets.
– Be proactive and creative in the performance of duties and official tasks; coordinate closely with colleagues; and foster unity within the agency, organization, or unit.
– Protect, manage, and utilize assigned public assets effectively and economically.
– Comply with the decisions of superiors. If there are grounds to believe that a decision is unlawful, one must promptly report this in writing to the person who issued the decision. If the person who issued the decision insists on its implementation, one must comply, while simultaneously submitting a written report to the direct superior of the person who issued the decision; in such cases, one shall not be held liable for the consequences of the implementation. The person who issued the decision shall be held legally responsible for their own decision.
– Fulfill other obligations as prescribed by law
