Legal validity of audit reports of the State Audit Office of Vietnam

Legal validity of audit reports of the State Audit Office of Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is audit report of the State Audit Office of Vietnam?

According to Clause 1, Article 3 of the Law on State Audit Office of Vietnam 2015, audit report of State Audit Office of Vietnam (SAV) means the document made and published by SAV after each audit for assessing, confirming, concluding the audit contents, and giving auditors’ opinions.

Audit reports of SAV are made by State Auditor General or the persons authorized by State Auditor General to append signatures and seals on the reports.

2. Legal validity of audit reports of the State Audit Office of Vietnam

Specifically, Article 7 of the Law on State Audit Office of Vietnam 2015 stipulates the Legal validity of audit reports of the State Audit Office of Vietnam as follows:

- Audit reports made by SAV are binding upon audited units after they are published in terms of management and use of public finance and/or public property.

- Audit reports of SAV are the basis for:

+ The National Assembly to use during the process of considering, deciding, and supervising: the implementation of long-term and annual socio-economic development policies and objectives; policies on investment in National target programs and projects of national importance; basic policies on national finance; imposition, adjustment, or cancellation of taxes;

Decision on dividing revenues and obligatory expenditures between central government budget and local government budgets; limits on safety limits of national debt, public debts, government debts; making of state budget estimate and allocation of central government budget; approval for state budget statements;

+ The Government, regulatory agencies, other agencies and organizations of the State to use during their managerial tasks and performance of their duties and entitlements;

+ The People’s Councils to use during the process of considering, deciding estimates and allocation of local government budgets; approving local government budget statements; supervising the management and use of public finance and/or public property; performance of their duties and entitlements;

+ Audited units to exercise their right to lodge complaints.

3. Tasks of SAV in 2023

The State Audit Office of Vietnam is responsible for performing the following tasks:

- Decide annual audit plans and submit reports to the National Assembly before implementation.

- Organize the implementation of annual audit plans and performance of audit tasks at the request of the National Assembly, Standing Committee of the National Assembly, the President, the Government, and the Prime Minister.

- Consider deciding audits:

+ At the request of the Ethnic Minorities Council, Committees of the National Assembly, Deputies of the National Assembly, Standing Committee of the People's Council, the People’s Committees of central-affiliated cities and provinces (hereinafter referred to as “provinces”) and other organizations not in the annual audit plans of SAV;

+ According to regulations of the Anti-corruption Law.

In case of failure to carry out audits as prescribed in Points a and b of this Clause, provide explanation to the requesting organizations or individuals.

- Propose opinions of SAV to the National Assembly for consideration and decision of state budget estimates, allocation of central government budget, contents of investment in National target programs, projects of national importance, and approval for state budget statements.

- Join agencies of the National Assembly and the Government in examining state budget estimates, plans for allocation of state budget, plans for adjustment of state budget estimates, plans for provision of funding for National target programs and projects of national importance decided by the National Assembly and state budget statements.

- Join other agencies of the National Assembly in supervising implementation of laws and resolutions of the National Assembly, ordinances and resolutions of Standing Committee of the National Assembly on budget – finance; supervising enactment of state budget and financial policies on request.

- Perform anti-corruption tasks according to regulations of the Anti-corruption Law.

- Join other agencies of the National Assembly, the Government, and competent authorities in submitting law/ordinance projects on request in the process of formulating and inspecting law/ordinance projects.

- Submit annual consolidated audit reports, implementation of auditors’ conclusions and requests to the National Assembly, Standing Committee of the National Assembly; send those reports to the President, the Government, the Prime Minister, Ethnic Council, Committees of the National Assembly; provide audit results for the Ministry of Finance, deputies of the National Assembly, the People’s Councils, the People’s Committees where audits are carried out, and other organizations and individuals in accordance with regulations of the Anti-corruption Law and relevant regulations of law.

- Provide explanation of audit results for the National Assembly and other agencies of the National Assembly as prescribed by law.

- Publish audit reports, annual consolidated audit reports, implementation of auditors’ opinions according to Article 50, Article 51 of this Law, and relevant regulations of law.

- Monitor, inspect the implementation of opinions of SAV.

- Transfer documents to investigation agencies, the People’s Procuracies, and other regulatory agencies responsible for handling suspected criminal cases and violations committed by organizations and individuals that are discovered through auditing.

- Manage audit dossiers; protect confidentiality of accounting figures, documents, information about operation of audited units as prescribed by law.

- Seek international cooperation in terms of state audit.

- Organize, manage works related to scientific research, training, development of human resources of SAV.

-. Organize examinations, issue, revoke, and manage state audit practitioner certificates.

17. Disseminate regulations of law on state audit.

18. Develop and Strategy for development of SAV and submit it to Standing Committee of the National Assembly for promulgation.

19. Perform other tasks as prescribed by law.

(Article 10 of the Law on State Audit Office of Vietnam 2015, amended in 2019)

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