Regulations on the contents of and duration for accounting inspection in Vietnam

Regulations on the contents of and duration for accounting inspection in Vietnam (Internet image)

1. Regulation on accounting inspection in Vietnam

Accounting inspection according to Article 34 of the Law on Accounting 2015 as follows:

- Accounting units shall have their accounting works inspected by competent authorities. Accounting inspection shall only be carried out under a decision of a competent authority as prescribed by law, except for the authorities specified in Point b Clause 3 of Article 34 of the Law on Accounting 2015.

- The authorities that are competent to decide accounting inspection include:

+ The Ministry of Finance;

+ Other Ministries, ministerial agencies, Governmental agencies, other central agencies shall decide accounting inspection of accounting units under their management;

+ The People’s Committees of provinces shall decide accounting inspection of accounting units in their provinces;

+ Superior units shall decide accounting inspection of affiliated units.

- The authorities that are competent to carry out accounting inspection include:

+ The authorities specified in Clause 2 of Article 34 of the Law on Accounting 2015 ;

+ State inspection agencies, finance inspection agency, State Audit Agency, tax authorities during inspection and audit of accounting units.

2. Contents of accounting inspection

Audit content according to Article 35 of the Law on Accounting 2015 as follows:

- An accounting inspection consists of:

+ Inspection of performance of accounting works;

+ Inspection of the accounting apparatus and accountants;

+ Inspection of the organization structure and provision of accounting services;

+ Inspection of the adherence to other regulations of law on accounting.

- The accounting inspection content must be specified in the decision on accounting inspection, except for the case in Point b Clause 3 Article 34 of the Law on Accounting 2015.

3. Duration for accounting inspection in Vietnam

Duration for accounting inspection according to Article 36 of the Law on Accounting 2015 as follows:

The Duration of an accounting inspection is decided by the authority competent to carry out the accounting inspection but not exceeding 10 days, excluding days off and public holidays defined by the Labor Code.

If the inspection content is complicated and thus requires more time to evaluate and draw a conclusion, the inspecting authority may extend the duration for up to 05 days, excluding days off and public holidays defined by the Labor Code.

4. Rights and obligations of accounting inspectorates in Vietnam

The rights and obligations of accounting inspectorates according to Article 37 of the Law on Accounting 2015 as follows:

- During an accounting inspection, the inspectorate must announce the decision on accounting inspection, except for the inspectorates and audit commissions specified in Point b Clause 3 Article 34 of the Law on Accounting 2015. The accounting inspectorate is entitled to request the accounting unit to provide accounting documents related to the accounting inspection content and explanation where necessary.

- At the end of the inspection, the inspectorate shall make an inspection record and gives one copy to the inspected unit; Any violations against regulations of law on accounting shall, if they are within the competence of the inspectorate, be dealt with or, if they are beyond the competence of the inspectorate, transferred to a competent authority as prescribed by law.

- The chief of the inspectorate is responsible for the inspection conclusion.

- The inspectorate shall comply with the procedures, contents, scope, and duration of inspection, not affect the normal operation of the accounting unit, and not harass the accounting unit.

5. The rights and obligations of inspected accounting units

According to Article 38 of the Law on Accounting 2015, the rights and obligations of inspected accounting units are audited as follows:

- The inspected accounting unit has the obligations to:

+ Provide the inspectorate with accounting documents related to the accounting inspection content and explanation at the request of the inspectorate;

+ Comply with the conclusion given by the inspectorate.

- The inspected accounting unit has the rights to:

+ Refuse the inspection if it is suspected to be beyond the competence of the inspectorate as prescribed in Clause 2 and Clause 3 Article 34 of the Law on Accounting 2015, or the inspection contents are not conformable with Article 35 of the Law on Accounting 2015;

+ File complaints to a competent authority if the conclusion given by the inspectorate is not concurred with.

Quoc Dat

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE