Tet Lunar New Year Bonus 2020 for Officials, Public Employees, and Employees

Lunar New Year Bonus

Lunar New Year bonuses are a primary concern for workers nationwide at the end of each year. Most agencies, units, enterprises, etc., have activities for Lunar New Year bonuses for their workers to motivate them for the coming years. So, how is this issue regulated under our country's law?

[](https://files.lawnet.vn//uploads/attachfiles/2019/10/28/113809BangLuongVietnamese official and public employee_2020%20(dukien).xls "download") [SALARY TABLE FOR OFFICIALS, PUBLIC EMPLOYEES, AND CIVIL SERVANTS FROM July 1, 2020](https://files.lawnet.vn//uploads/attachfiles/2019/10/28/113809BangLuongVietnamese official and public employee_2020%20(dukien).xls "download")

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For officials, Clause 2, Article 12 of the Law on Officials 2008 stipulates the rights of officials in terms of salary and policies related to salary as follows:

Article 12. Rights of officials regarding salary and policies related to salary

2. To receive overtime pay, night work pay, travel expenses, and other policies as prescribed by law.

For public employees, Clause 3, Article 12 of the Law on Public Employees 2010 stipulates the rights in terms of salary and policies related to salary as follows:

Article 12. Rights of public employees regarding salary and policies related to salary

...

3. To receive bonuses, to be considered for salary increase according to the law and the internal regulation of the public service provider.

Lunar New Year 2020 bonus for officials, public employees, and employees

Illustrative image (Source: Internet)

Meanwhile, bonuses are regulated in Article 103 of the Labor Code 2012 as follows:

Article 103. Bonus

1. A bonus is an amount of money that the employer rewards to the employee based on the annual business results and the level of task completion by the employees.

2. The bonus regulation is decided and publicly announced at the workplace by the employer after consulting the representative organization of the labor collective at the establishment.

Therefore, according to the above regulations, the fact that agencies and enterprises do not give Lunar New Year bonuses to their employees is not considered a legal violation because it is not mandatory (only encouraged).

The issuance of Lunar New Year bonuses for employees, officials, and workers is based on the signed work contracts, employment contracts, the organization's internal regulations, and also depends on the company's business performance, productivity, and the level of task completion by the employees throughout the year.

In case the employer does not grant the Lunar New Year bonus as per the work contract, employment contract, and the unit's regulation, the employee has the right to file a complaint with the labor union at the establishment or file a lawsuit in court for resolution.

Hai Thanh

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