What are the bases for issuing state audit decisions in Vietnam? What must be included in state audit decisions in Vietnam?
- What are the bases for issuing state audit decisions in Vietnam?
- What must be included in state audit decisions in Vietnam?
- What is the time limit for sending state audit decisions in Vietnam?
- What does the audit contents include?
- What is the time limit for the state audit?
- Where is the state audit carried out?
What are the bases for issuing state audit decisions in Vietnam?
Pursuant to the provisions of Article 30 of the 2015 Law on State Audit Office of Vietnam (amended by Clause 5, Article 1 of the 2019 Law on Amendments to some articles of the Law on State Audit Office of Vietnam), the bases for issuing audit decisions include:
State Auditor General shall issue an audit decision based on:
- Annual audit plans of State Audit Office of Vietnam;
- Requests of the National Assembly, Standing Committee of the National Assembly, the President, the Government, or the Prime Minister;
- Request of organizations and individuals mentioned in Clause 3 Article 10 of the 2015 Law on State Audit Office of Vietnam which is approved by the State Auditor General.
What are the bases for issuing state audit decisions in Vietnam? What must be included in state audit decisions in Vietnam?
What must be included in state audit decisions in Vietnam?
Pursuant to the provisions of Clause 1, Article 31 of the 2015 Law on State Audit Office of Vietnam, an audit decision consists of the following tasks:
- The basis for carrying out the audit;
- The audited unit;
- Targets, contents, and scope of the audit;
- Location and time for audit;
- The chief of audit delegation and members thereof.
What is the time limit for sending state audit decisions in Vietnam?
Pursuant to the provisions of Clause 2, Article 31 of the 2015 Law on State Audit Office of Vietnam as follows:
Audit decisions
...
2. The audit decision must be sent to the audited unit and members of the audit delegation within 03 working days and announced within 15 working days from the day on which it is signed, except for extraordinary audit.
According to the above regulations, the time limit for sending state audit decisions is prescribed as follows:
- The audit decision must be sent to the audited unit and members of the audit delegation within 03 working days from the day on which it is signed, except for extraordinary audit.
- The audit decision must be announced within 15 days from the day on which it is signed, except for extraordinary audit.
What does the audit contents include?
Pursuant to the provisions of Article 32 of the 2015 Law on State Audit Office of Vietnam, the audit contents include:
- Financial audit which is meant to assess, confirm the legitimacy and truthfulness of financial information and financial statements of the audited unit;
- Compliance audit which is meant to assess and confirm compliance with law, rules and regulations binding upon the audited unit;
- Operational audit which is meant to assess the efficiency and effectiveness of management and use of public finance and/or public property.
State Auditor General shall decide the contents of each audit depending on its requirements.
What is the time limit for the state audit?
Pursuant to Article 34 of the 2015 Law on State Audit Office of Vietnam, the audit time limit is as follows:
Time limit for audit
1. Time limit for an audit begins from the day on which the audit decision is announced until audit tasks at the audited unit are finished.
2. The time limit for an audit is 60 days, except for the case in Clause 3 of this Article. State Auditor General may decide extension of the time limit for audit one time. Nevertheless, the extension must not exceed 30 days.
3. State Auditor General shall specify the time limit in case of audit for assessing the efficiency and effectiveness of management and use of public finance and/or public property of nationwide scale.
Thus, the time limit for an audit is 60 days, except for audit for assessing the efficiency and effectiveness of management and use of public finance and/or public property of nationwide scale.
State Auditor General may decide extension of the time limit for audit one time. Nevertheless, the extension must not exceed 30 days.
State Auditor General shall specify the time limit in case of audit for assessing the efficiency and effectiveness of management and use of public finance and/or public property of nationwide scale.
Where is the state audit carried out?
Pursuant to the provisions of Article 35 of the 2015 Law on State Audit Office of Vietnam stipulating as follows:
Location for audit
1. The audit shall be carried out at the audited unit, office of State Audit Office of Vietnam, or another location decided by State Auditor General.
2. If an audit is carried out outside the premises of the audited unit, the business premises must send documents as prescribed by State Auditor General.
According to the above provisions, the audit can be carried out at:
- At the audited unit, office of State Audit Office of Vietnam
- At another location decided by State Auditor General.
- If an audit is carried out outside the premises of the audited unit, the business premises must send documents as prescribed by State Auditor General.
Nguyễn Thị Hồng Nhung