Chapter II
AUDITORS
Article 13.- Criteria of auditors
1. Auditors must have the following criteria:
a/ Having professional ethical qualities, being honest and incorruptible and having a good sense of law observance; not falling into the subjects prescribed in Clauses 3, 4, 5, 6 and 7, Article 15 of this Decree;
b/ Having bachelor degrees in economics- finance-banking or accounting-auditing and having been engaged in practical financial or accounting work for at least five years, or having worked as assistant auditors in auditing enterprises for at least four years;
c/ Being able to use a common foreign language and having a good command of computers;
d/ Having auditor's certificates granted by the Finance Minister.
2. To be recognized as auditors, persons who have accounting specialist's certificates or accounting or audit certificates, issued by foreign or international accounting and/or auditing organizations and recognized by Vietnam's Finance Ministry, must pass examinations in Vietnamese economic, financial, accounting and audit laws, organized by the Finance Ministry and are granted auditor's certificates by the Finance Minister.
3. The Finance Ministry prescribes the contents of examinations, examination councils, and procedures for granting and withdrawing auditor's certificates.
Article 14.- Conditions of profession-practicing auditors
1. Vietnamese who fully meet the following conditions shall be recognized as profession-practicing auditors and entitled to register for practicing independent audit:
a/ Fully meeting the criteria of auditors, prescribed in Clause 1 or 2, Article 13 of this Decree;
b/ Having labor contracts to work in an auditing enterprise established and operating under Vietnamese laws, except for cases where it is prescribed by Vietnamese laws that labor contracts are not required.
2. Foreigners who fully meet the following conditions shall be recognized as profession-practicing auditors and entitled to register for practicing independent audit in Vietnam:
a/ Fully meeting the criteria of auditors, prescribed in Clause 1 or 2, Article 13 of this Decree;
b/ Being permitted to reside in Vietnam for one year or more;
c/ Having labor contracts to work in an auditing enterprise established and operating under Vietnamese laws.
3. At a given time, an auditor shall only be allowed to register for practice in one auditing enterprise. In cases where auditors have already registered for audit practice but actually do not practice the profession or concurrently practice their profession in other auditing enterprises, they shall have their names deleted from the list of registered auditors.
4. Persons registered for audit practice for the second time onward must additionally meet the condition that they have taken part in all annual refresher programs according to the Finance Ministry's regulations.
Article 15.- Persons not allowed to register for independent audit practice
1. Persons who fail to fully meet the conditions prescribed in Article 14 of this Decree.
2. Public servants as provided for by the legislation on public servants.
3. Persons who are banned from practicing audit profession under court judgments or decisions; persons who are being examined for penal liability; persons who are serving imprisonment sentences or had been convicted of one of economic or position-related crimes in the financial and accounting domain and have not yet had their criminal records remitted.
4. Persons who are being on administrative probation.
5. Persons who have limited or lost civil act capacity.
6. Persons who have been convicted of serious or exceptionally serious economic crimes.
7. Individuals who have committed acts of violation causing great damage to financial, accounting, auditing or economic management activities and been disciplined with caution or a more severe disciplinary form within the last three years.
Article 16.- Rights of profession-practicing auditors
1. To be professionally independent.
2. To audit financial statements and provide services of auditing enterprises specified in Article 22 of this Decree.
3. To request audited units to supply fully and promptly accounting documents and other documents and information related to the service contracts.
4. To inspect and certify economic and financial information related to audited units from sources inside and outside the units. To request competent units and/or individuals to provide professional expertise or consultancy when necessary.
Article 17.- Responsibilities of profession-practicing auditors
1. To observe the principles of independent auditing activities prescribed in Article 4 of this Decree.
2. In the course of providing services, auditors must not intervene in the affairs of audited units.
3. To sign audit reports and take responsibility for their professional activities.
4. To refuse to conduct audits for their clients if they deem they are not fully qualified or do not meet fully the conditions therefor or their clients violate the provisions of this Decree.
5. To constantly improve their professional knowledge and experiences. To take part in annual knowledge updating programs according to the Finance Ministry's regulations.
6. Profession-practicing auditors who violate Articles 15, 17, 18 and 19 of this Decree shall, depending on the nature and seriousness of their violations, be suspended or indefinitely banned from registering for audit practice, or bear responsibility according to law provisions.
7. Other responsibilities prescribed by law.
Article 18.- Practicing auditors shall not be allowed to conduct audits in the following cases:
1. They are not on the announced list of practicing auditors;
2. They are currently performing the jobs of recording accounting books, making financial statements, conducting internal audit or providing services of asset valuation, management consultancy or financial consultancy for the audited units or already performed the above-said jobs in the previous year;
3. They have economic-financial relations with the audited units such as capital contribution or purchase of shares;
4. Their parents, wives or husbands, children and/or blood siblings are members of the leaderships or chief accountants of the audited units;
5. The audited units make requests contrary to professional ethics or professional auditing requirements or in contravention of law provisions.
Article 19.- Prohibited acts of practicing auditors
1. Purchasing stocks of any types of the audited units, regardless of their quantities.
2. Purchasing bonds or other assets of the audited units.
3. Receiving any sums of money or material benefits from the audited units apart from service charges and expenses already agreed upon in contracts, or abuse their positions as auditors to get other benefits from the audited units.
4. Leasing, lending or letting other parties use their names and auditor's certificates to conduct professional activities.
5. Working for two auditing enterprises or more at a time.
6. Disclosing information on the audited units they have acquired in the course of practicing their profession, except otherwise agreed by the audited units or provided for by law.
7. Committing other acts prohibited by the audit legislation
Tìm kiếm
Nghị định 105/2004/NĐ-CP kiểm toán độc lập (Bản Word)