Chapter IV
SALARY, REMUNERATION AND BONUS PAID TO MEMBERS OF BOARDS OF MEMBERS, MEMBERS OF MANAGEMENT BOARDS, HEADS OF CONTROL BOARDS AND COMPTROLLERS
Article 11. Base pay
1. Base pay rates of full-time members of the Boards of Members, members of Management Boards, heads of Control Boards and comptrollers are provided for as follows:
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Position
|
Base pay
(Unit: VND million/month)
|
|
Type 1
|
Type 2
|
|
1. Chairperson of the Board of Member or Management Board
|
70
|
60
|
|
2. Member of Board of Members or Management Board; head of Control Board
|
60
|
50
|
|
3. Comptroller
|
50
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40
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2. Types of companies referred to in Clause 1 of this Article are determined as follows:
a) Type-1 company is a company that has VND 10,000 billion or more of owner’s equity, planned revenue of VND 30,000 billion or more and 10 focal management points (subsidiaries that maintain either separate or shared accounting records with the parent company) or employ 5,000 employees or more.
b) Type-2 company is a company that has less than VND 10,000 billion of owner’s equity, planned revenue of less than VND 30,000 billion and less than 10 focal management points or employ less than 5,000 employees.
3. Each company shall determine the company’s type and base pay rates of full-time members of the Board of Members or Management Board, head of Control Boards and comptrollers based on its planning targets.
Article 12. Salary
1. The planned salary of full-time members of the Board of Members or Management Board, head of Control Board and comptrollers of a company shall be calculated based on the base pay rates associated with the planned profit and return on equity after tax (hereinafter referred to as “ROE”) compared with the realized profit and ROE recorded in the previous year as follows:
a) If the planned profit or ROE is equal to or greater than the profit or ROE recorded in the previous year, the maximum planned salary may be equal to 02 times the base pay rate.
b) If the planned profit or ROE is less than the profit or ROE recorded in the previous year, the maximum planned salary shall be equal to 02 times the base pay rate multiplied by the negative difference (expressed in %) between the planned profit or ROE and the profit or ROE recorded in the previous year. If both planned profit and ROE are less than the profit and ROE recorded in the previous year, the maximum planned salary shall be equal to 02 times the base pay rate multiplied by the percentage difference (%) between the planned profit and the profit recorded in the previous year and the percentage difference (%) between the planned ROE and the ROE recorded in the previous year. The planned salary which is calculated based on the profit and/or ROE shall be at least 50% of the base pay rate.
c) If the company generates no profit, the maximum planned salary shall be equal to 50% the base pay rate; if it incurs loss, the maximum planned salary shall not exceed 30% of the base pay rate.
2. The realized salary shall be determined based on the planned salary and the realized profit/ROE compared to the planned profit/ROE according the rules laid down in Clause 1 of this Article. If the realized profit and ROE are greater than the planned ones, the salary may be increased (such increase shall be recorded as expenses) according to the following principle: for every 1% of profit greater than the planned profit, the salary shall be increased by 2% but not exceeding 02 months’ planned salary.
Article 13. Remuneration
Remuneration paid to part-time members of the Board of Members, or Management Board, and comptrollers of a company shall be determined based on the position and working period of each person, and shall not exceed 20% of the salary paid to the full-time ones.
Article 14. Bonus
After having fulfilled obligations to the Government and setting aside of funds as prescribed by the Government’s regulations on profit distribution, the company shall determine the bonus awarded to members of the Board of Members, or Management Board, head of Control Board, and comptrollers as follows:
1. A wholly state-owned company shall determine the bonus budget on the basis of its achievement of target profit and the company’s type. To be specific: the bonus budget shall not exceed 02 months’ salary and remuneration budget if the realized profit is equal to or greater than the planned one and the company is graded A; the bonus budget shall not exceed 02 months’ salary and remuneration budget multiplied by the percentage difference (%) between the realized profit and the planned one if the realized profit is less than the planned one and the company is graded A or B; the company shall have no bonus budget if it is graded C or ungraded.
Companies shall be graded in accordance with the Government’s regulations on and the Ministry of Finance’s guidelines for supervision of state capital invested in enterprises, financial supervision and performance assessment and disclosure of financial information by state-owned enterprises and state-invested enterprises.
2. After having fulfilled obligations to its shareholders, a joint-stock company shall determine the bonus budget based on its achievement of target profit as follows: the bonus budget shall not exceed 02 months’ salary and remuneration budget if the realized profit is equal to or greater than the planned one; the bonus budget shall not exceed 02 months’ salary and remuneration budget multiplied by the percentage difference (%) between the realized profit and the planned one if the realized profit is less than the planned one.
Article 15. Payment of salary, remuneration and bonus
1. The company shall consider making advance payment of monthly salary and remuneration to members of the Board of Members, or Management Board, head of Control Board and comptrollers provided total advanced amount shall not occupy more than 85% of the planned salary and remuneration budget.
2. Salary, remuneration and bonus paid during the year shall be determined based on the salary, remuneration and bonus prescribed in this Decree and the work performance by each person.
The owner’s representative agency shall develop criteria for work performance evaluation, carry out performance evaluation and decide the salary, remuneration and bonus paid to each member of the Board of Members, or Management Board, who is representative of state capital, head of Control Board and comptroller.
3. If total amount of salary and remuneration advanced to members of the Board of Members, or Management Board, head of Control Board and comptrollers exceeds their salary and remuneration amounts as calculated, they must immediately returned the exceeding amounts in the year.
Tìm kiếm
Nghị định 20/2020/NĐ-CP (Bản Word)
Nghị định 20/2020/NĐ-CP (Bản Pdf)
