Chapter III
AUDITING ENTERPRISES
Article 20.- Auditing enterprises
1. Auditing enterprises are established and operate according to law provisions in forms of partnership, private enterprise and enterprise under the Law on Foreign Investment in Vietnam.
2. The establishment, organization, management and operation of auditing enterprises must comply with the provisions of the enterprise legislation and the provisions of this Decree.
3. State-run auditing enterprises, joint-stock auditing companies and limited liability auditing companies, which have been established and commenced their operation under the provisions of the enterprise legislation before the effective date of this Decree, may be transformed into one of the three enterprise forms prescribed in Clause 1 of this Article within three years as from the effective date of this Decree.
4. When changing their names, relocating their headquarters, or changing their practice domains or the list of auditors, the auditing enterprises shall, within 10 days after effecting the changes, have to notify such in writing to the Finance Ministry.
Article 21.- Branches of auditing enterprises
1. Branches of auditing enterprises are their attached units operating under the authorization of such auditing enterprises, within the practice domains stated in the business registration certificates of the auditing enterprises.
2. Auditing enterprises' branches are set up and operate according to the law provisions on setting up of branches, and the heads of auditing enterprises' branches must be practicing auditors who satisfy all criteria and conditions prescribed in this Decree.
3. Auditing enterprises must be responsible for the activities of the auditing branches they have set up.
Article 22.- Services to be provided
1. Auditing enterprises may register to provide the following audit services:
a/ Financial statement audit;
b/ Financial statement audit for taxation purpose and tax settlement;
c/ Operation audit;
d/ Compliance audit;
e/ Internal audit;
f/ Audit of completed investment capital settlement reports (including annual financial statements);
g/ Project settlement report audit;
h/ Financial information audit;
i/ Verification of financial information on the basis of pre-agreed procedures.
2. Auditing enterprises may register to provide the following other services:
a/ Financial consultancy;
b/ Tax consultancy;
c/ Human resource consultancy;
d/ Information technology application consultancy;
e/ Management consultancy;
f/ Accounting service;
g/ Asset valuation service;
h/ Service of fostering and updating financial, accounting and auditing knowledge;
i/ Other relevant financial, accounting and tax services as prescribed by law;
j/ Service of reviewing financial statements.
3. Auditing enterprises must not register and conduct business in domains and trades irrelevant to the services prescribed in Clauses 1 and 2 of this Article.
Article 23.- Conditions for establishment and operation of auditing enterprises
1. An auditing enterprise shall be established only when it has at least three auditors having audit practice certificates, and at least one of its managers must be an auditor having the practice certificate.
2. Within 30 days after they are granted business registration certificates, auditing enterprises shall have to report to the Finance Ministry on their establishment and the lists of auditors registered for professional practice in the enterprises.
3. In the course of operation, auditing enterprises must ensure the constant professional practice of at least three auditors. After six consecutive months, if they fail to satisfy this condition, they must stop the provision of auditing services.
Article 24.- Rights of auditing enterprises
1. To provide services already stated in their investment licenses or business registration certificates; to refuse providing services when they deem they fail to fully meet the qualifications and conditions or the professional ethics can be breached.
2. To hire domestic and foreign experts to perform service contracts or enter into audit cooperation with other auditing enterprises according to law provisions.
3. To set up their branches according to the provisions in Article 21 of this Decree, or set up bases for overseas operation according to law provisions.
4. To join professional audit organizations; join as a member of the International Audit Organization.
5. To request audited units to supply fully and promptly accounting documents and other necessary documents and information related to service contracts.
6. To inspect and certify economic and financial information related to audited units from sources inside and outside such units. To request competent units and individuals to give professional expertise or consultancy when necessary.
7. To exercise other rights provided for by law for enterprises.
Article 25.- Obligations of auditing enterprises
1. To operate in the practice domains stated in investment licenses or business registration certificates.
2. To perform the contents under contracts already signed with their clients.
3. To pay compensations for damage caused by their auditors, who are at fault, to clients when providing auditing services and other relevant services.
4. To purchase professional liability insurance for their auditors or set up professional risk reserve funds according to the Finance Ministry's regulations to create sources for payment of compensations for damage caused by enterprises, which are at fault, to their clients. Expenses for insurance purchase or setting up of professional risk reserve funds shall be accounted as business expenses according to the Finance Ministry's regulations.
5. In the auditing course, if they detect signs of violating financial and accounting legislations by the audited units, they are obliged to notify such to the audited units or write their comments in audit reports.
6. To supply auditing dossiers and documents at written requests of competent State agencies according to law provisions.
7. To perform other obligations according to law provisions on enterprises.
Article 26.- Responsibilities of auditing enterprises
1. To directly manage professional activities of auditors registered for practice in the enterprises. To bear civil liability for professional activities conducted by auditors, which are related to auditing enterprises.
2. For all services provided to their clients, service contracts or written commitments must be made according to law provisions on contracts and the audit standards.
3. To fully implement the provisions of already signed service contracts.
4. To be held responsible before law, clients and users of audit results and provided services.
5. To organize by themselves the control of operation quality and submit to the auditing operation quality control by the Finance Ministry or professional audit organizations.
Article 27.- Auditing enterprises must not conduct audit in the following cases
1. They fail to notify the lists of profession-practicing auditors to the Finance Ministry;
2. They are providing services of recording accounting books, making financial statements, internal audit, valuating assets, management consultancy, financial consultancy or performed such services in the preceding year for their clients.
3. Members of their leaderships have economic or financial relations with the audited units, or are parents, wives or husbands, children or blood siblings of members of the leaderships or chief accountants of the audited units;
4. The audited units make requests contrary to professional ethics or professional auditing requirements or in contravention of law provisions.
Article 28.- Prohibited acts of auditing enterprises
1. Acting in connivance or collusion with the audited units to falsify contents of financial statements;
2. Buying or receiving as donations or gifts from the audited units any types of stocks, regardless of their quantities;
3. Buying stocks or other assets of the audited units;
4. Suggesting or receiving remunerations in any form beside the auditing charges and expenses stated in contracts or abusing their positions to collect other benefits;
5. Using material benefits or relations with a third party to bribe, press or buy off the audited units when providing services or seeking clients;
6. Undertaking to perform the job of debt collection for the audited units;
7. Letting other parties use their names to conduct professional activities;
8. Other activities contrary to the provisions of law.
Article 29.- Audit reports
1. Independent audit shall be conducted by auditors and auditing enterprises. Upon finishing the auditing job, auditors and auditing enterprises must make audit reports, clearly stating their opinions on audit results.
2. Audit reports must be independent, objective and truthful, have signatures of profession-practicing auditors who conduct the audit and of auditors who are representatives at law of the auditing enterprises or persons authorized in writing by the representatives at law to sign and seal. Profession-practicing auditors and auditing enterprises shall be held responsible before law and the audited units for their own auditing opinions.
3. One of the two auditors giving their signatures in an audit report of a foreign auditing organization established and operating in Vietnam or not yet established in Vietnam must be Vietnamese, except for the cases prescribed in Clause 3, Article 30 of this Decree.
Article 30.- Foreign auditing organizations
Foreign auditing organizations which have not yet set up their branches in Vietnam shall be permitted to conduct audit in Vietnam in the following cases, except otherwise provided for in international agreements which Vietnam has signed or acceded to:
1. When a foreign auditing organization admits an auditing enterprise established and operating under Vietnamese laws as its member, it shall conduct audit under its name and its member organization's name.
2. When a foreign auditing organization cooperates with an auditing enterprise established and operating under Vietnamese laws in each separate audit, its audit report must have the signature of the Vietnamese auditing enterprise.
3. If a foreign auditing organization wishes to conduct independently an audit in Vietnam and circulate its audit reports in Vietnam, it must obtain the Finance Ministry's approval for each audit.
Article 31.- Termination of operation of auditing enterprises and branches of auditing enterprises
Auditing enterprises and branches of auditing enterprises shall terminate their operations in the following cases:
1. They voluntarily terminate their operations;
2. They have their investment licenses or business registration certificates withdrawn;
3. Other cases according to the law provisions on enterprises.
Article 32.- Auditing service charge and other service charges
1. Auditing enterprises are entitled to collect auditing service charge for services they provide. Auditing service charge shall be agreed upon by auditing enterprises and audited units in audit contracts on the following bases:
a/ Work contents, volumes and nature determined in audit contracts;
b/ Working duration and conditions for auditors to perform the services;
c/ Professional levels, experiences and prestige of auditors and auditing enterprises;
d/ Where State agencies prescribe audit charge rates, the auditing service charge to be collected shall be based on the audit charge rate prescribed for each type of auditing services.
2. Auditing enterprises and audited units may agree to apply one of the following methods of calculating the auditing service charge:
a/ Calculating according to working hours of practicing auditors and charge rate per hour;
b/ Calculating according to each auditing service with package charge;
c/ Calculating according to each auditing service at charge rates in percentage (%) of contract value or project value;
d/ Calculating under multi-period audit contracts with fixed charge rate for each period.
3. Basing themselves on the provisions in Clauses 1 and 2 of this Article, auditing enterprises and their clients shall agree on charge rates for other types of services.
Tìm kiếm
Nghị định 105/2004/NĐ-CP kiểm toán độc lập (Bản Word)