During the consultation process, there were problems regarding the timeline for applying the autonomy mechanism of the two units as follows:

His office advised the District People's Committee to issue a decision to assign financial autonomy for the period 2022-2026 to 2 units with the effective period from January 1, 2022 (Decision signed in July 2022).

However, there is a view that the application period must be from the date of signing and promulgating the decision.

Mr. Phuoc asked, what timeline must your unit apply to comply with the regulations?

The Ministry of Finance responded to this issue as follows:

The effective time of legal documents is specified in Clause 1, Article 151 of the Law on Promulgation of Legal Documents dated June 22, 2015 of the National Assembly. Specifically:

"The effective time of the whole or a part of a legal document is specified in that document but not earlier than 45 days from the date of adoption or signing for promulgation of a legal document of the central government agency; no earlier than 10 days from the date of signing for promulgation for legal documents of the People's Council, the People's Committee of the province; no earlier than 07 days from the date of signing for promulgation for with legal documents of the People's Council, the People's Committee of the district and commune."

In addition, at Point a, Clause 2, Article 152 of the Law on Promulgation of Legal Documents, it is stated: "No retroactive effect is allowed in the following cases:

a) To prescribe new liability for acts which at the time of performing such acts are not regulated by law;".

Regarding the time of assigning financial autonomy to 2 public non-business units of Nha Be District People's Committee, namely the Project Management Board and the Land Clearance Compensation Board, it is proposed to comply with the provisions of Clause 2, Article 40 of Decree No. 60 The Government's /2021/ND-CP dated June 21, 2021 stipulates the financial autonomy mechanism of public non-business units:

From 2022, public non-business units shall comply with the provisions of Article 35 of this Decree and the following provisions:

a) By March 31, 2022, group 3 and group 4 units shall report to superior management agencies for approval of financial autonomy plans;

b) By June 30, 2022, ministries, central agencies, provincial and district People's Committees shall approve financial autonomy plans of public non-business units under their management after obtaining their consent opinion of the financial authority of the same level".

Accordingly, he studied the provisions of the Law on Promulgation of Legal Documents, Decree No. 60/2021/ND-CP dated June 21, 2021 of the Government stipulating the financial autonomy mechanism of the public units and other relevant legal documents (if any) to advise the Leader where he is working on the basis of determining the timeline for applying the autonomy mechanism of the two boards in accordance with regulations under the law.