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In Vietnam, can the promise of a bonus be withdrawn?

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In life, it is not uncommon to be promised rewards by others. However, not all cases where the promiser pays the reward. So, what is the promise of reward? Is the promise of reward mandatory? Promise bonus can be withdrawn? Let’s find out with Lawyer X through the following article:

Legal grounds

Civil Code 2015

Consulting content

What is the promise of reward?

Currently, there is no legal document that specifically defines the promise of reward, but only Article 570 of the 2015 Civil Code stipulates as follows:

1. The person who has publicly promised the reward must pay the reward to the person who has performed the work at the request of the person who promised the reward.

2. The promised work must be specific; can be done without violating the prohibition of the law; not against social morality.

Thus, although there is no specific definition of what is promised reward is, from the above provisions; Some of the features of the promised bonus can be seen as follows:

– Promise of reward is essentially the unilateral will of a party when publicly promising to reward another individual if this person fulfills the request; conditions set forth by the promiser.

– The promiser must pay the reward to the promised person when he/she fulfills the request of the promiser.

– The content and work to be rewarded by the promiser must be specific and achievable; especially not violating the prohibition of the Law as well as not contrary to social ethics.

Is the promise of reward mandatory?

Currently, according to the provisions of the Civil Code 2015; there are no sanctions to handle the case of promising rewards but not fulfilling them. Therefore, if a person promises a reward but does not fulfill it, he will not be held responsible before the law.

However, it is also important to note; Because the promise of the reward is publicly displayed, the promise of the reward will be known to many people. Therefore, if the promise of reward is not fulfilled, it will seriously affect the honor; the reputation of the promiser.

Thus, there is no regulation dealing with the case of promising rewards but not fulfilling them. Therefore, it can be seen that the promise of rewards is not required to be fulfilled.

Promise bonus can be withdrawn?

Regarding the withdrawal of the promise of reward, Article 571 of the 2015 Civil Code provides:

When the due date is not yet due to start the work; then the promiser has the right to withdraw his or her promise. Withdrawal of a promise of the bonus must be done in the manner; and on the medium in which the promise of the reward was announced.

According to this provision, the promise of a bonus may be withdrawn before the time limit for starting work has been reached. This also means that; the promiser has the right to withdraw his/her promise of reward before the due date for the performance of the work.

When withdrawing a claim, the promiser must do so in the correct manner; and the method by which I announced the promise of the reward. For example, when a person promises a reward on a Facebook Livestream; If he wants to withdraw his promise, he must also do it on Facebook’s Livestream.

On the contrary, when the promised work has been completed; the promised reward recipient will receive the reward (based on Clause 1, Article 572 of the 2015 Civil Code).

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Related question

In case many people complete the promised job, who will pay the reward?

In case many people complete the promised job at the same time, the reward will be divided equally among those people.

How is the payment of rewards in the case of many people doing the same thing but each person doing it independently?

When a job promised to be rewarded is done by many people but each person does it independently, the first person to complete it is rewarded.

How is the compensation in the case of many people collaborating to do the work?

In case many people collaborate to perform the promised work requested by the reward promise, each person will receive a portion of the reward corresponding to his/her contribution.

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