Efffectively ensuring the audit activities in Vietnam
09:24 23/11/2016
This Law was passed on June 24, 2015, by the XIIIth National Assembly of the Socialist Republic of Vietnam at its 9th session.This Law prescribes the functions, tasks, powers, organization and operations of the State Audit Office of Vietnam; tasks and powers of the State Auditor General; tasks and powers of state auditors; powers and responsibilities of agencies, organizations and individuals involved in state audit activities.
Tasks of the State Audit Office of Vietnam are as follow:
1. To decide on annual audit plans and report them to the National Assembly before implementation.
2. To organize the implementation of annual audit plans and perform audit tasks at the request of the National Assembly, the National Assembly Standing Committee, the President, the Government, or the Prime Minister.
3. To consider and decide on audits that are not included in the State Audit Office of Vietnam’s annual audit plans when so requested by the Ethnic Council, Committees of the National Assembly, National Assembly deputies’ delegations, the Standing Bodies of the People’s Councils, or the People’s Committees of the provinces or centrally run cities, and agencies and organizations.
4. To submit the State Audit Office of Vietnam’s opinions to the National Assembly for consideration and decision on the state budget estimates, decision on the allocation of the central budget and investment policies for national target programs and national important projects, and approval of final accounts of the state budget.
5. To join National Assembly and Government agencies in considering state budget estimates, plans on allocation of the central budget, adjustment of state budget estimates or arrangement of budgets for national target programs and national important projects which have been decided by the National Assembly, and final accounts of the state budget.
6. To join National Assembly agencies, when so requested, in overseeing the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee in the financial and budgetary field, as well as the implementation of the state budget and financial policies.
7. To join National Assembly and government agencies and competent agencies, when so requested, in submitting draft laws and ordinances in the formulation and verification of draft laws and ordinances.
8. To make summarization reports on annual audit results and results of implementation of audit conclusions and proposals to the National Assembly, the National Assembly Standing Committee; to send such reports to the President, the Government and the Prime Minister, the Ethnic Council and Committees of the National Assembly; to provide audit results to the Ministry of Finance, National Assembly deputies’ delegations, and the People’s Councils and People’s Committees of localities where the audits are conducted, and to other agencies in accordance with law.
9. To explain audit results to the National Assembly and National Assembly agencies in accordance with law.
10. To publicize audit reports, summarization reports on annual audit results and reports on results of implementation of audit conclusions and proposals in accordance with Articles 50 and 51 of this Law and other relevant laws.
11. To monitor and examine the implementation of the State Audit Office of Vietnam’s conclusions and proposals.
12. To transfer to investigation agencies, the People’s Procuracy and other competent state agencies for examination and handling dossiers of cases showing signs of crime or signs of violation detected through audit activities.
13. To manage audit dossiers; to keep secret accounting documents and figures and information about operations of audited entities in accordance with law.
14. To implement international cooperation on state audit.
15. To organize and manage scientific research, training and development of human resources of the State Audit Office of Vietnam.
16. To organize examination for state auditors and grant, revoke and manage state auditor certificates.
17. To organize information, communication and education about the law on state audit.
18. To develop the state audit development strategy and submit it to the National Assembly Standing Committee for promulgation.
19. To perform other tasks as prescribed by law.
Also according to the law, the audit duration shall be counted from the date of announcement of the audit decision to the completion of the audit at the audited entity. The duration of an audit must not exceed 60 days, except the case specified in Clause 3 of this Article. In complicated cases where it is necessary to extend the audit duration, the State Auditor General may extend the duration once for no more than 30 days.For an audit to evaluate the economic nature, efficiency and effectiveness of the management and use of public finance and public assets nationwide, the State Auditor General shall decide on specific audit duration.
Within 30 days after the end of the audit at the audited entity, the State Audit Office of Vietnam shall complete the draft audit report and send it to the audited entity for opinion. Within 10 days after receiving the draft audit report, the audited entity shall send its written comments to the State Audit Office of Vietnam; past this time limit, if the audited entity has no comments, it shall be regarded as agreeing to the draft audit report. The audit report shall be sent by the State Audit Office of Vietnam to the audited entity and related agencies under regulations of the State Auditor General within 45 days after the end of the audit at the audited entity; in special cases, this time limit may be extended but must not exceed 60 days after the end of the audit at the audited entity.
This Law takes effect on January 1, 2016. Audits in enterprises in which the State holds more than 50% of charter capital already included in the 2015 audit plan shall be conducted until the completion of the audit plan. State Audit Law No. 37/2005/QH11 ceases to be effective on the date this Law takes effect.
Tasks of the State Audit Office of Vietnam are as follow:
1. To decide on annual audit plans and report them to the National Assembly before implementation.
2. To organize the implementation of annual audit plans and perform audit tasks at the request of the National Assembly, the National Assembly Standing Committee, the President, the Government, or the Prime Minister.
3. To consider and decide on audits that are not included in the State Audit Office of Vietnam’s annual audit plans when so requested by the Ethnic Council, Committees of the National Assembly, National Assembly deputies’ delegations, the Standing Bodies of the People’s Councils, or the People’s Committees of the provinces or centrally run cities, and agencies and organizations.
4. To submit the State Audit Office of Vietnam’s opinions to the National Assembly for consideration and decision on the state budget estimates, decision on the allocation of the central budget and investment policies for national target programs and national important projects, and approval of final accounts of the state budget.
5. To join National Assembly and Government agencies in considering state budget estimates, plans on allocation of the central budget, adjustment of state budget estimates or arrangement of budgets for national target programs and national important projects which have been decided by the National Assembly, and final accounts of the state budget.
6. To join National Assembly agencies, when so requested, in overseeing the implementation of laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee in the financial and budgetary field, as well as the implementation of the state budget and financial policies.
7. To join National Assembly and government agencies and competent agencies, when so requested, in submitting draft laws and ordinances in the formulation and verification of draft laws and ordinances.
8. To make summarization reports on annual audit results and results of implementation of audit conclusions and proposals to the National Assembly, the National Assembly Standing Committee; to send such reports to the President, the Government and the Prime Minister, the Ethnic Council and Committees of the National Assembly; to provide audit results to the Ministry of Finance, National Assembly deputies’ delegations, and the People’s Councils and People’s Committees of localities where the audits are conducted, and to other agencies in accordance with law.
9. To explain audit results to the National Assembly and National Assembly agencies in accordance with law.
10. To publicize audit reports, summarization reports on annual audit results and reports on results of implementation of audit conclusions and proposals in accordance with Articles 50 and 51 of this Law and other relevant laws.
11. To monitor and examine the implementation of the State Audit Office of Vietnam’s conclusions and proposals.
12. To transfer to investigation agencies, the People’s Procuracy and other competent state agencies for examination and handling dossiers of cases showing signs of crime or signs of violation detected through audit activities.
13. To manage audit dossiers; to keep secret accounting documents and figures and information about operations of audited entities in accordance with law.
14. To implement international cooperation on state audit.
15. To organize and manage scientific research, training and development of human resources of the State Audit Office of Vietnam.
16. To organize examination for state auditors and grant, revoke and manage state auditor certificates.
17. To organize information, communication and education about the law on state audit.
18. To develop the state audit development strategy and submit it to the National Assembly Standing Committee for promulgation.
19. To perform other tasks as prescribed by law.
Also according to the law, the audit duration shall be counted from the date of announcement of the audit decision to the completion of the audit at the audited entity. The duration of an audit must not exceed 60 days, except the case specified in Clause 3 of this Article. In complicated cases where it is necessary to extend the audit duration, the State Auditor General may extend the duration once for no more than 30 days.For an audit to evaluate the economic nature, efficiency and effectiveness of the management and use of public finance and public assets nationwide, the State Auditor General shall decide on specific audit duration.
Within 30 days after the end of the audit at the audited entity, the State Audit Office of Vietnam shall complete the draft audit report and send it to the audited entity for opinion. Within 10 days after receiving the draft audit report, the audited entity shall send its written comments to the State Audit Office of Vietnam; past this time limit, if the audited entity has no comments, it shall be regarded as agreeing to the draft audit report. The audit report shall be sent by the State Audit Office of Vietnam to the audited entity and related agencies under regulations of the State Auditor General within 45 days after the end of the audit at the audited entity; in special cases, this time limit may be extended but must not exceed 60 days after the end of the audit at the audited entity.
This Law takes effect on January 1, 2016. Audits in enterprises in which the State holds more than 50% of charter capital already included in the 2015 audit plan shall be conducted until the completion of the audit plan. State Audit Law No. 37/2005/QH11 ceases to be effective on the date this Law takes effect.