Prohibited acts in audit activities of State Audit Office of Vietnam

Prohibited acts in audit activities of State Audit Office of Vietnam (Internet image)

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

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

Audit activities of State Audit Office of Vietnam (SAV) involve assessment and determination of properness and truthfulness of information about public finance and/or public property or financial statements related to the management and use of public finance and/or public property; adherence to law and efficiency of management, use of public finance and/or public property.

(Clause 5, Article 3 of the Law on State Audit Office of Vietnam 2015)

2. Prohibited acts in audit activities of State Audit Office of Vietnam

Specifically, Article 8 of the Law on State Audit Office of Vietnam 2015 (amended in 2019) stipulates the prohibited acts in the audit activities of SAV as follows:

(1)The following acts of SAV, state auditors, and collaborators:

- Harassing, causing difficulties to audited units;

- Illegally intervening normal operation of audited units;

- Giving bribes, taking bribes, and/or brokering bribery;

- Making false or insufficient audit reports;

- Misuse of power and/or position for self-seeking purposes;

- Revealing state secrets or trade secrets of audited units;

- 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:

- Refusing to provide information, documents serving the audit at the request of SAV and state auditors;

- Obstructing the work of SAV and state auditors;

- Making false, untruthful, insufficient, unpunctual reports, or failure to provide objective information about the audit carried out by SAV;

-Giving bribes to state auditors and collaborators;

- 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 SAV, state auditors, and collaborators.

3. Entitlements of audit activities of State Audit Office of Vietnam

The State Audit Office of Vietnam has the following entitlements:

- Submit law/ordinance projects and draft resolutions to the National Assembly, Standing Committee of the National Assembly as prescribed by law.

- Request audited units and relevant entities to promptly provide sufficient, accurate information and documents serving the audit.

- Request audited units to implement opinions of SAV with regard to the violations of their financial statements and failure to adhere to law; suggest measures for them to overcome their shortcomings discovered by SAV.

- Request competent agencies or persons to request audited units to implement opinions of SAV with regard to the violations of their financial statements and failure to adhere to law; suggest actions against failure to implement or to adequately and promptly implement auditors’ opinions.

- Request competent agencies or persons to deal with violations discovered during the audit.

- Request competent agencies or persons to deal with entities that obstruct the operation of SAV or provide false information/documents for SAV and state auditors.

- Request professional assessment where necessary.

- Authorize or hire audit firms to carry out audits at organizations managing/using public finance and/or public property; SAV is responsible for the truthfulness of information, documents, and opinions provided by such audit firms.

- Request the National Assembly, Standing Committee of the National Assembly, the Government, the Prime Minister, and other agencies of the State to amend policies and law.

(Article 11 of the Law on State Audit Office of Vietnam 2015 (amended in 2019))

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