Chapter I
GENERAL PROVISIONS
Article 1.- This Decree prescribes auditors, auditing enterprises, validity of audit results, cases of compulsory audit and contains other regulations related to independent auditing activities in order to unify the management of independent auditing activities, define rights and responsibilities of audited units and auditing enterprises, protect interests of the community and lawful interests of investors, ensure the truthful, rational and public supply of economic and financial information, and satisfy the management requirements of State agencies, enterprises and individuals.
Article 2.- Interpretation of terms
In this Decree, the words and phrases below are construed as follows:
1. Independent audit means the inspection and certification by auditors and auditing enterprises of truthfulness and rationality of accounting documents and data and financial statements of enterprises and organizations (hereinafter referred collectively to as audited units) when so requested by such units.
2. Auditors mean persons who fully meet the criteria and conditions for practicing independent audit, as prescribed in Articles 13 and 14 of this Decree.
3. Profession-practicing auditors mean auditors who have already registered for profession practice in an auditing enterprise established and operating under Vietnamese laws and are authorized to sign audit reports.
4. Auditing enterprises mean enterprises established and operating under law provisions on enterprise establishment and operation in Vietnam and the provisions of this Decree.
5. Audit standards mean regulations and guidance on auditing principles and procedures, which serve as basis for auditors and auditing enterprises to conduct audit as well as basis for controlling the quality of auditing activities.
6. Audit reports mean written reports made and publicized by auditors or auditing enterprises, expressing their official opinions on the financial statements of the audited unit.
Article 3.- Validity of audit results
Accounting documents and data and financial statements of audited units, after being inspected and certified by auditors and auditing enterprises shall serve as reliable bases for:
1. State agencies and superior units to use in the management and administration according to their respective functions and tasks;
2. Shareholders, investors, parties to joint ventures or associations, clients and other organizations and individuals to deal with interest and obligation relationships of involved parties in the course of operation of the units;
3. Helping the audited units detect, handle and promptly prevent errors which may occur in their operations, thus contributing to publicization of financial statements, serving the management and administration of the units, and making the investment environment healthy.
Article 4.- Principles of independent auditing activities
1. Compliance with Vietnamese laws and audit standards.
2. Being answerable to law for professional activities and audit results.
3. Compliance with auditors' professional ethics.
4. Assurance of professional independence, interests, truthfulness, legality and objectivity of independent auditing activities.
5. Confidentiality of information of audited units, except otherwise agreed by the audited units or provided for by law.
Article 5.- Rights of audited units
Audited units may select auditing enterprises and auditors fully satisfying the conditions for lawful profession practice in Vietnam as prescribed in Article 23 of this Decree to sign contracts on provision of auditing services with, except otherwise provided for by law.
Article 6.- Responsibilities of audited units
1. To supply promptly, fully and truthfully all information and documents necessary for the audit.
2. To coordinate with, and create favorable conditions for, auditors to conduct the audit.
3. To pay fully and in time auditing charges as agreed upon in contracts.
4. In cases where they sign auditing contracts with an auditing enterprise for three consecutive years or more, they shall have to request such auditing enterprise to change profession-practicing auditors and persons responsible for signing audit reports.
Article 7.- Rights to join professional organizations
1. Profession-practicing auditors and auditing enterprises are entitled to join professional accounting and auditing organizations.
2. Professional auditing organizations, when being assigned the responsibility to manage the professional practice of auditors, shall have to formulate management regulations and perform other tasks prescribed by law.
Article 8.- Foreign auditing organizations conducting auditing activities in Vietnam
Foreign organizations and individuals conducting auditing activities in Vietnam must comply with the Law on Foreign Investment in Vietnam and the provisions of this Decree, unless otherwise provided for by international agreements which the Socialist Republic of Vietnam has signed or acceded to.
Article 9.- Encouragement of audit
The State encourages all enterprises and organizations to hire auditing enterprises to audit their annual financial statements or investment project settlement reports before submitting them to competent State agencies or making financial publicization.
Article 10.- Compulsory audit
1. Annual financial statements of the following enterprises and organizations must be audited by auditing enterprises:
a/ Foreign-invested enterprises;
b/ Organizations engaged in credit and/or banking activities and the Development Assistance Fund;
c/ Financial institutions and insurance business enterprises;
d/ Particularly for joint-stock companies and limited liability companies which participate in listing and trading on the securities market, the audit shall be conducted according to the law provisions on securities trading; if they borrow capital from banks, the audit shall be conducted according to the law provisions on credit.
2. Annual financial statements of the following enterprises and organizations must be audited by auditing enterprises according to the provisions of this Decree:
a/ State enterprises;
b/ Reports on settlement of construction investment capital of group-A projects.
3. Other subjects defined by laws, ordinances, the Government's decrees and the Prime Minister's decisions.
4. State enterprises, the Development Assistance Fund and investment projects, which have already been included in a year's audit plan of the State audit agency, shall not compulsorily have their financial statements in that year audited by auditing enterprises.
Article 11.- Enterprises and organizations which compulsorily have their financial statements audited according to the provisions in Article 10 of this Decree shall have to sign audit contracts with auditing enterprises at least 30 days before the end of the annual accounting period.
Article 12.- Organizations and individuals are strictly forbidden to intervene in the selection of auditors and auditing enterprises by audited units, unless otherwise provided for by law.
Tìm kiếm
Nghị định 105/2004/NĐ-CP kiểm toán độc lập (Bản Word)