Does the audited unit have a duty to respond and explain the issues related to the audit contents in Vietnam?
Does the audited unit have a duty to respond and explain the issues related to the audit contents in Vietnam?
Pursuant to Article 57 of the 2015 Law on State Audit Office of Vietnam (Clause 7 is annulled by Clause 16, Article 1 of the 2019 Law on Amendments to some articles of the Law on State Audit Office of Vietnam) stipulating as follows:
Duties of audited units in Vietnam
1. Comply with the audit decision.
2. Promptly, adequately make and send financial statements, reports on use of capital, project management; revenue and expenditure plan, report on execution and statement of budget to State Audit Office of Vietnam on request.
3. Promptly and adequately provide information, documents serving the audit at the request of State Audit Office of Vietnam and state auditors; take responsibility for the accuracy, truthfulness, and objectiveness of the information, documents provided.
4. Respond and explain the issues related to the audit contents at the request of the audit delegation and state auditors.
5. Sign the audit record.
6. Comply with opinions given by State Audit Office of Vietnam with regard to management, use of public finance and/or public property; take measures for overcoming the weaknesses according to the opinions of State Audit Office of Vietnam; submit a written report on compliance with such opinions to State Audit Office of Vietnam.
According to the above provisions, the audited unit is obliged to respond and explain the issues related to the audit contents at the request of the audit delegation and state auditors.
Does the audited unit have a duty to respond and explain the issues related to the audit contents in Vietnam?
What is the administrative fine for violations against regulations on responses and explanations about audit contents in Vietnam?
Pursuant to the provisions of Article 10 of Ordinance No. 04/2023/UBTVQH15 stipulating the level of administrative fine for violations against regulations on responses and explanations about audit contents as follows:
Violations | Penalties for administrative violations |
Failing to promptly respond to and explain issues at the request of audit delegations, audit teams, or state auditors. | A fine ranging from VND 5,000,000 to VND 10,000,000 |
Providing incorrect or incomplete responses and explanations of issues at the request of audit delegations, audit teams, or state auditors. | A fine ranging from VND 10,000,000 to VND 20,000,000 |
Failing to respond and explain issues at the request of audit delegations, audit teams, or state auditors. | A fine ranging from VND 20,000,000 to VND 30,000,000 |
Failing to respond and explain issues at the request of audit delegations, audit teams, or state auditors. | A fine ranging from VND 30,000,000 to VND 50,000,000 |
At the same time, remedial measures may also be taken: Enforced correction of false or inaccurate information, documents and data in case of providing incorrect or incomplete responses and explanations of issues at the request of audit delegations, audit teams, or state auditors.
What acts of the audited unit are prohibited by law?
Pursuant to the provisions of Article 8 of the 2015 Law on State Audit Office of Vietnam, amended by Clause 15, Article 1 of the 2019 Law on Amendments to some articles of the Law on State Audit Office of Vietnam, the prohibited acts in state audit include:
Prohibited acts
1. The following acts of State Audit Office of Vietnam, state auditors, and collaborators:
a) Harassing, causing difficulties to audited units;
b) Illegally intervening normal operation of audited units;
c) Giving bribes, taking bribes, and/or brokering bribery;
d) Making false or insufficient audit reports;
dd) Misuse of power and/or position for self-seeking purposes;
e) Revealing state secrets or trade secrets of audited units;
g) Revealing information about the audit progress and result that are not officially published.
2. The following acts of audited units and entities relevant to governmental auditing activities are prohibited:
a) Refusing to provide information, documents serving the audit at the request of State Audit Office of Vietnam and state auditors;
b) Obstructing the work of State Audit Office of Vietnam and state auditors;
c) Making false, untruthful, insufficient, unpunctual reports, or failure to provide objective information about the audit carried out by State Audit Office of Vietnam;
b) Giving bribes to state auditors and collaborators;
dd) Shielding violations against regulations of law on public finance and/or public property.
3. Every organization and individual is prohibited to illegally intervene the audit and audit result of State Audit Office of Vietnam, state auditors, and collaborators.
Thus, the following acts of audited units in Vietnam are prohibited:
- Refusing to provide information, documents serving the audit at the request of State Audit Office of Vietnam and state auditors;
- Obstructing the work of State Audit Office of Vietnam and state auditors;
- Making false, untruthful, insufficient, unpunctual reports, or failure to provide objective information about the audit carried out by State Audit Office of Vietnam;
- Giving bribes to state auditors and collaborators;
- Shielding violations against regulations of law on public finance and/or public property.
Ordinance No. 04/2023/UBTVQH15 takes effect from May 1, 2023.
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