Expenditure levels at district and commune levels are low compared to actual implementation costs.
In reality, Hanoi has a large area, a large population, and complex and diverse management areas. Therefore, to ensure that the city government's social management by law is fair, strict, consistent, timely, effective, and efficient as directed by the Party Central Committee in the current period, it is necessary to enhance legal knowledge and awareness, and responsibility for law compliance of cadres, civil servants, public employees, and people in the capital. In particular, the work of disseminating and educating the law (PBGDPL), standards of legal access, and grassroots mediation always play a very important role.
However, through 10 years of implementing Resolution No. 19/2014/NQ-HDND and 5 years of implementing Resolution No. 03/2019/NQ-HDND of the Hanoi People's Council, it has been shown that some provisions in the resolutions are no longer suitable to reality. Specifically, some expenditure levels - especially at the district and commune levels - are low compared to the actual needs of implementation costs.
On August 18, 2023, the Ministry of Finance issued Circular No. 56/2023/TT-BTC regulating the preparation of estimates, management, use and settlement of funds to ensure legal dissemination and education work, legal access standards and mediation at the grassroots level, which have changed compared to previous circulars. In particular, Circular No. 56/2023/TT-BTC stipulates: The expenditure level for implementing legal dissemination and education work, legal access standards and mediation at the grassroots level prescribed in this Circular is the maximum expenditure level. The People's Councils of provinces and centrally-run cities shall prescribe specific expenditure levels for implementation in accordance with the practical situation and the balancing capacity of the local budget.
Based on that reality, plus the mechanism and policy adjustments in Circular No. 56/2023/TT-BTC of the Ministry of Finance, at the 17th Session, based on the proposal of the City People's Committee, the City People's Council considered and decided to issue a Resolution stipulating a number of expenditure levels for legal dissemination and education, legal access standards and mediation at the grassroots level in Hanoi to ensure full and timely implementation of newly issued regulations of the Central Government. The Resolution clearly states that the subjects of application are agencies, units, organizations and individuals involved in the preparation of estimates, management, use and settlement of State budget funds allocated to ensure legal dissemination and education, legal access standards and mediation at the grassroots level.
There are 6/8 content groups that are applied at the maximum level.
According to the resolution, the expenditure levels for legal dissemination and education, legal access standards and grassroots mediation include 8 groups of expenditure contents with specific expenditure levels, of which 6 groups of expenditure contents are regulated according to the maximum expenditure levels prescribed in Circular No. 56/2023/TT-BTC dated August 18, 20233; there are 2 groups of expenditure contents referred to as regulations according to the expenditure levels with expenditure contents for subjects of the same nature of work in the Resolutions of the City People's Council that are still in effect.
The Resolution has specified the expenditure levels for legal dissemination and education, legal access standards and mediation at the grassroots level, including: expenditures for developing programs, projects, plans for legal dissemination and education, standards for legal access and mediation at the grassroots level and communicating policies that have a major impact on society in the process of developing legal documents; documents for management, direction and guidance of programs, projects and plans of the Legal Dissemination and Education Coordination Council, the Legal Access Standards Assessment Council, and the Steering Committees for programs, projects and plans. Apply the maximum expenditure level prescribed in Circular No. 56/2023/TT-BTC dated August 18, 2023 (the expenditure level prescribed in Clause 10, Article 3 of Circular No. 56/2023/TT-BTC).
Remuneration for legal reporters, legal propagandists, grassroots mediators, people invited to participate in implementing legal dissemination, standards for legal access and mediation at the grassroots level; guidance on specialized activities of the Law Club, core groups as lecturers: expenses according to the City's regulations on lecturer remuneration levels specified in Appendix 02 of Resolution No. 11/2018/NQ-HDND dated December 5, 2018 of the City People's Council stipulating a number of contents and expenditure levels under the authority of the City People's Council. In the case of implementing legal dissemination for special subjects as prescribed in Articles 17, 18, 19, 20, 21, 22 of the Law on Legal Dissemination, an additional 20% of the remuneration received is received.
Expenses for compiling a number of documents on popularization, legal education, legal access standards and mediation at specific facilities: Apply the maximum expenditure level prescribed in Circular No. 56/2023/TT-BTC dated August 18, 2023 (expense level prescribed in Clause 6, Article 3 of Circular No. 56/2023/TT-BTC dated August 18, 2023).
Expenses for establishing and maintaining the activities of the Law Club and core group: Apply the maximum expenditure level prescribed in Circular No. 56/2023/TT-BTC dated August 18, 2023 (stipulated in Clause 12, Article 3 of Circular No. 56/2023/TT-BTC dated August 18, 2023).
The Resolution also decides on the expenditure level for organizing competitions and contests for legal dissemination and education work, legal access standards and mediation at the grassroots level; the expenditure level for making statistical reports on legal dissemination and education activities, legal access standards and mediation at the grassroots level; the expenditure level for conducting investigations and surveys on legal dissemination and education work, legal access standards and mediation at the grassroots level...
Notably, regarding the expenditure for mediation work at the grassroots level, the Resolution stipulates that the remuneration for mediators (for mediators directly participating in the mediation case) is 300,000 VND/case. In case the case is successfully mediated according to Article 24 of the Law on Mediation at the Grassroots Level: 400,000 VND/case.
The estimated additional budget for 2024 for some specific contents on legal dissemination, legal access standards and grassroots mediation as stipulated in the Resolution after its promulgation is over 10 billion VND. Of which, the city level is over 1,400 billion VND; the district and town level is over 2,600 billion VND; the commune level is over 6.3 billion VND. The estimated annual budget is within the balance and arrangement capacity of the city budget.
Source: https://kinhtedothi.vn/nhieu-noi-dung-chi-cho-pho-bien-giao-duc-phap-luat-o-muc-toi-da.html
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