General rules cannot be applied when the level of autonomy is different.
(Baonghean.vn)- According to delegate Nguyen Thanh Hien - Deputy Head of the National Assembly Delegation of Nghe An, the draft Law on the Use and Management of State Assets (amended) has many contents that need to be adjusted because public service units have different levels of autonomy.
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| Delegate Nguyen Thanh Hien gives comments on the draft Law on Management and Use of State Assets (amended). Photo: Thanh Loan |
On the morning of May 29, continuing the program of the 3rd session of the 14th National Assembly, Government Inspector General Phan Van Sau, authorized by the Prime Minister, presented the Proposal for the Law on Denunciation (amended). Chairman of the National Assembly's Law Committee Nguyen Khac Dinh presented the Report on the examination of the Law on Denunciation (amended). Member of the National Assembly Standing Committee, Chairman of the National Assembly's Finance and Budget Committee Nguyen Duc Hai presented the Report on explanation, acceptance, and revision of the Law on Management and Use of State Assets (amended). |
Participating in the discussion in the hall about some contents with different opinions of the draft Law on Management and Use of State Assets (amended), delegate Nguyen Thanh Hien - Deputy Head of the National Assembly Delegation of Nghe An province said that public units are having different levels of autonomy. Some units have guaranteed investment expenditures, some units have guaranteed regular expenditures; many units rely entirely on the state budget. Therefore, it is necessary to have appropriate regulations for each type, to ensure that the amount of money collected, after deducting expenses, paying taxes, and financial obligations, the remaining amount is added to the operating budget of the unit, or exempted from budget allocations. As for units operating as enterprises, the remaining difference after tax must be paid to the state budget.
Thus, in item d, clause 5, Article 54 of the draft law, the general regulation on this content is that the remaining part must be paid to the state budget, which is not suitable for some types of public service units.
In addition, Article 54, Clause 3, Point d still stipulates that public service units will manage and use the collected portion according to the financial mechanism of public service units. Article 58, Clause 3 also stipulates that for public service units that ensure regular and investment expenditures, the amount collected from the use of assets for business purposes after deducting related expenses, the unit shall use it according to the provisions of law on the autonomy mechanism of public service units. That is Decree 16/2015 regulating the autonomy mechanism of public service units. Accordingly, the unit has full authority to allocate all the money collected from business activities to the operation of the unit's funds without having to pay it into the budget.
Delegate Nguyen Thanh Hien proposed that Point d, Clause 3, Article 54 and Clause 3, Article 58 should be reviewed and adjusted to avoid conflict with Clause 5, Article 54. At the same time, Point d, Clause 5, Article 54 should also be re-drafted to be consistent with the level of autonomy of public service units in the direction that the remaining amount of money earned from business activities, after paying expenses, fulfilling obligations, and setting up appropriate funds, will be fully paid into the budget, in cases where the unit has ensured regular and investment expenditures or is deducted from the allocated budget for units that have not ensured regular expenditures./.
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