Thông tư 129/2012/TT-BTC quy định về thi và cấp Chứng chỉ kiểm toán viên và hành nghề kế toán do Bộ trưởng Bộ Tài chính ban hành

THÔNG TƯ

QUY ĐỊNH VỀ VIỆC THI VÀ CẤP CHỨNG CHỈ KIỂM TOÁN VIÊN VÀ CHỨNG CHỈ HÀNH NGHỀ KẾ TOÁN

Căn cứ Luật kế toán số 03/2003/QH 11 ngày 17/6/2003;

Căn cứ Luật kiểm toán độc lập số 67/2011/QH12 ngày 29/3/2011;

Căn cứ Nghị định số 129/2004/NĐ-CP ngày 31/5/2004 của Chính phủ quy định chi tiết và hướng dẫn thi hành một số điều của Luật kế toán áp dụng trong hoạt động kinh doanh;

Căn cứ Nghị định số 17/2012/NĐ-CP ngày 13/3/2012 của Chính phủ quy định chi tiết và hướng dẫn thi hành một số điều của Luật kiểm toán độc lập;

Căn cứ Nghị định số 118/2008/NĐ-CP ngày 27/11/2008 của Chính phủ quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Tài chính;

Xét đề nghị của Vụ trưởng Vụ Chế độ kế toán và kiểm toán;

Bộ trưởng Bộ Tài chính ban hành Thông tư quy định về việc thi và cấp Chứng chỉ kiểm toán viên và Chứng chỉ hành nghề kế toán.

CIRCULAR

ON THE EXAMS FOR AND ISSUANCE OF THE AUDIT PRACTITIONER CERTIFICATES  AND ACCOUNTING PRACTITIONER CERTIFICATES

Pursuant to the Law on Accounting No. 03/2003/QH11 on June 17, 2003;

Pursuant to the Law on Independent audit  No. 67/2011/QH12 on March 29, 2011;

Pursuant to the Government's Decree No. 129/2004/NĐ-CP on May 31, 2004 detailing and guiding the implementation of a number of articles of the Law on Accounting applicable to business;

Pursuant to the Government's Decree No. 17/2012/NĐ-CP on March 13, 2012 detailing and guiding the implementation of a number of articles of the Law on Independent audit;

Pursuant to the Government's Decree No. 118/2008/NĐ-CP of November 27, 2008 on defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

At the proposal of the Director of the Department of Accounting and Audit Regulation

The Minister of Finance promulgates the the Circular on the exams for and issuance of the Audit practitioner certificates and Accounting practitioner certificates.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular specifies the exams for and issuance of the Audit practitioner certificates and Accounting practitioner certificates in accordance with Point c Clause 2 Article 11 of the Law on Independent audit, and Article 57 of the Law on Accounting.

Article 2. Subjects of application

1. The candidates are specified in Article 3 of this Circular.

2. The State’s auditor and accountant examination board (hereinafter referred to as the Board of examiners)

3. Professional organizations of accounting and audit.

4. Other organizations and individuals related to the exams for and issuance of the Audit practitioner certificates and Accounting practitioner certificates.

Chapter II

SPECIFIC PROVISIONS

Section 1. ORGANIZING EXAMS

Article 3. Candidates

The Vietnamese or foreigners satisfying the conditions taking exams prescribed in Article 4 of this Circular.

Article 4. Conditions taking exams

1. The candidates for Accounting practitioner certificates must satisfy the following conditions:

a) Professionally ethical, honest, upright, and law-abiding;

b) Having Bachelor’s Degrees or above in finance, accounting, or audit;

c) Having worked in finance, accounting, or audit for at least 60 months as from the month of graduation written on the higher education graduation decision at the time of exam registration;

d) Completely submitting the exam application and fee as prescribed;

dd) Not being the subjects specified in Clause 1 and Clause 2 Article 51 of the Law on Accounting.

2. The candidates for Audit practitioner certificates must satisfy the following conditions:

a) Professionally ethical, honest, upright, and law-abiding;

b) Having the Bachelor’s degree or higher in finance, banking, accounting, audit; or having the Bachelor’s degree in other professions, and the number of credits (or sessions) of the subject of the following subjects: finance, accounting, audit, financial analysis, taxation, must account for at least over 7% of the total course credits; or having the Bachelor’s degree in other profession, and the certificate or qualification in the courses issued by the professional organizations of accounting and audit, that comply with the Article 9 of this Circular;

c) Having worked in finance or accounting for at least 60 months from the month of graduation written on the higher education graduation decision at the time of exam registration; or having worked as an audit assistant in an audit enterprise for at least 48 months from the month of graduation written on the higher education graduation decision at the time of exam registration

d) Completely and correctly submit the exam application and fee as prescribed.

Article 5. Exam application

1. For candidates for the first Audit practitioner certificate or Accounting practitioner certificate, the exam application includes:

a) The exam registration sheet certified by the unit for which the candidate works, or the People’s Committee of the locality where the candidate lives, with a sealed 3x4 picture taken within 6 previous months under the form in Annex No. 02a or Annex No. 02b promulgated together with this Circular, enclosed with the certification on the practical duration of work in finance, accounting, or audit, signed by the legal representative, and sealed by the unit under the form in Annex No. 06 promulgated together with this Circular;

b) The authenticated copy of the ID card or passport;

c) The resumé certified by the unit for which the candidate works, or the People’s Committee of the locality where the candidate lives;

d) The copy of the certificate or qualification for candidates for Accounting practitioner certificate prescribed in Point b Clause 1 Article 4, and candidates for Audit practitioner certificate prescribed in Point b Clause 2 Article 4 of this Circular, certified by the issuing organization or notarization agency. The Bachelor’s degree in other professions must be enclosed with the authenticated transcript specifying the number of credits (or sessions) of every subject. The master’s or PhD degree must be enclosed the authenticated transcript of the master’s or PhD course, specifying the profession;

dd) 3 color pictures 3x4 taken within the previous 6 months. The 02 envelops must have stamps and specify the full name, the address of the receiver.

2. For candidates applying for the test on failed subjects or tests on the remaining subjects to earn the total credits specified in Clause 4 Article 18 of this Circular, the exam application includes:

a) The exam registration sheet certified by the unit in which the candidate works, or the People’s Committee of the locality where the candidate lives, with a sealed 3x4 picture taken within 6 previous months under the form in Annex No. 02a or Annex No. 02b promulgated together with this Circular;

b) The copy of the mark certificate of the previous exams notified by the Board of examiners;

c) The pictures and envelop as specified in Point dd Clause 1 this Article.

3. For people having Accounting practitioner certificates wishing to take Audit practitioner certificates, the exam application includes:

a) The exam registration sheet certified by the unit in which the candidate works, or the People’s Committee of the locality where the candidate lives, with a sealed 3x4 picture taken within 6 previous months under the form in Annex No. 02b promulgated together with this Circular;

b) The authenticated copy of the ID card or passport;

c) The resumé certified by the unit for which the candidate works, or the People’s Committee of the locality where the candidate lives;

d) The authenticated copy of the Accounting practitioner certificate;

dd) The picutres and envelop as specified in Point dd Clause 1 this Article.

4. The exam applications are uniformly issued by the Board of examiners. The candidates must submit the applications to the Board of examiners or the unit authorized by the Board of examiners within the period notified by the Board of examiners.

5. The exam applications are only received by the receiving unit when the candidates have completely submit the papers and exam fee.

6. The exam fee shall be return to people ineligible for taking exams, or to people requesting permission to not take the exams, within 10 days as from the date of announcing the list of eligible candidates makde by the Board of examiners.

Article 6. Exam contents

1. Candidates for Accounting practitioner certificates must take the tests on the following subjects:

(1) Economic law and the Law on Enterprise;

(2) Advanced finance and financial management;

(3) Advanced tax and tax administration;

(4) Advanced administrative accounting, financial accounting;

2. Candidates for Audit practitioner certificates must take the tests on the following subjects:

(1) Economic law and the Law on Enterprise;

(2) Advanced finance and financial management;

(3) Advanced tax and tax administration;

(4) Advanced administrative accounting, financial accounting;

(5) Advanced audit and guarantee services;

(6) Advanced financial analysis;

(7) C-level qualification in one of the following foreign languages: English, Russian, French, Chinese, German.

3. People having Accounting practitioner certificates applying for Audit practitioner certificates must take the tests on the following subjects:

(1) Advanced audit and guarantee services;

(2) Advanced financial analysis;

(3) C-level qualification in one of the following foreign languages: English, Russian, French, Chinese, German.

4. Each test includes the theory and the application exercises specified in Annex 01 of this Circular. The Ministry of Finance shall compile, update and publicize the program, contents and materials for the preparation of the exams for Audit practitioner certificates and Accounting practitioner certificates.

5. Candidates for first Accounting practitioner certificates must take the tests on at least 02 subjects specified in Clause 1 this Article.

Candidates for first Audit practitioner certificates must take the test on at least 04 subjects specified in Clause 2 this Article.

Article 7. Exam format

For each subject specified in Clause 1,Clause 2, Clause 2 Article 6 of this Circular (except the foreign language subject), the candidate must take a writing test in 180 miutes. For foreign language subject, the candidate must take a writing test in 120 minutes.

Article 8. Organizing exams

1. The the Board of examiners shall organize at least one exam every year in quarter III or IV. The Board of examiners must announce on means of mass media about the conditions, standards, time, places, and other necessary information related to the exam at least 60 days before the exam.

2. Within 20 days after the end of the exam, the Board of examiners must announce and notify the exam results of every subject to the candidates. The President of the Board of examiners shall make decision on the extension of such period, but must not exceed 30 days

Article 9. Certificate and qualifications issued by professional organizations of accounting and audit.

Certificates and qualifications issued by professional organizations of accounting and audit are recognized as prescribed in Point b Clause 2 Article 4 of this Circular if all the following conditions are satisfied:

1. The professional organizations of accounting and audit that issue certificates and qualifications must be members of the International Federation of Accountants (IFAC) that have established representative offices or branches in Vietnam.

2. International professional organizations of accounting and audit must sign the agreement on the cooperation exams for professional Audit practitioner certificates with the Ministry of Finance of Vietnam.

3. The number of credits (or sessions) of finance, accounting, credit program and content of courses must be 500 – 600 sessions.

4. The courses, exams and certificates or qualifications issued to the students after completing the courses must be uniform in every nation where such International professional organizations of accounting and audit establish their representative offices or branches.

Section 2. ORGANIZING TESTS FOR PEOPLE HAVING FOREIGN AUDIT PRACTITIONER CERTIFICATES OR ACCOUNTING EXPERT CERTIFICATES

Article 10. Conditions for taking tests and test contents

1. People having Accounting expert certificates or Audit practitioner certificates, issued by foreign professional organizations that are accredited by the Ministry of Finance of Vietnam, wishing to be issued with Audit practitioner certificates or Accounting practitioner certificates of Vietnam must take the test on Vietnam’s laws.

If the Audit practitioner certificates or Accounting practitioner certificates are issued by competent State agencies (not professional organizations), the candidates must be official members of professional organizations of accounting or audit, and such professional organizations must be members of IFAC.  The courses and exams for Accounting expert certificates or Audit practitioner certificates must be equivalent to or higher than that specified in Article 6 of this Circular.

2. Foreign professional organizations accredited by the Ministry of Finance of Vietnam must satisfy the following conditions:

a) Being members of IFAC;

b) Having the courses and exams for Accounting expert certificates or Audit practitioner certificates equivalent to or higher than that specified in Article 6 of this Circular.

3. Foreign professional organizations of which the Accounting expert certificates or Audit practitioner certificates are recognized by the Ministry of Finance of Vietnam include:

a) The Association of Chartered Certified Accountants (ACCA);

b) Certified Practicing Accountants Austratlia (CPA Australia).

4. Foreign professional organizations not being listed in Clause 3 this Article shall have their Accounting expert certificates and Audit practitioner certificates accredited by the Ministry of Finance of Vietnam when the conditions specified in Clause 2 this Article are satisfied.

5. The test for Audit practitioner certificates includes the following subjects:

(1) Economic law and the Law on Enterprise;

(2) Advanced finance and financial management;

(3) Advanced tax and tax administration;

(4) Advanced administrative accounting, financial accounting;

(5) Advanced audit and guarantee services;

6. The test for Accounting practitioner certificates includes the subjects (1), (2), (3) and (4) specified in Clause 5 this Article.

7. The contents and requirements of each test are specified in Annex 01.

8. Eligible people prescribed in Clause 1 this Article that have taken and passed the cooperation exams held in cooperation by the Ministry of Finance of Vietnam and ACCA shall be exempted from subjects (1) and (3) specified in Clause 3 this Article.

9. The language used in the test is Vietnamese.

10. The test duration is 180 minutes for 05 subjects. The test duration is 145 minutes for 04 subjects. The test duration is 110 minutes for 03 subjects.

Article 11. The application for test

1. The application for test includes:

a) The examination registration sheet certified by the unit in which the candidate works, or the People’s Committee of the locality where the candidate lives, with a sealed 3x4 picture taken within 6 previous months under the form in Annex No. 02c promulgated together with this Circular;

b) The authenticated Vietnamese translation and copy of the foreign Audit practitioner certificate or Accounting expert certificate;

c) The materials (including authenticated Vietnamese translation if the materials are made in foreign language) proving the official membership of a professional organization;

d) 03 color pictures 3x4 taken within the previous 6 months, and 02 envelops having stamps and specifying the full name, the address of the receiver.

dd) The authenticated copy of the ID card or passport;

e) The resumé certified by the unit for which the candidate works, or the People’s Committee of the locality where the candidate lives;

g) Materials proving the fulfillment of the conditions specified in Clause 2 Article 10, applicable to foreign professional organizations being the subjects prescribed in Clause 4 Article 10.

2. The examination dossiers are uniformly issued by the Board of examiners. The candidates must submit the application to the Board of examiners at least 30 days prior to the date of exam.

Article 12. Test results

1. The tests are marked on the scale from 1 to 100.

2. The test for Audit practitioner certificate is considered passed if it is given at least 70 marks, or at least 42 marks for people exempted from subject (1) and (3), or at least 56 marks for people exempted from subject (1) or subject (3). The test for Accounting practitioner certificate is considered passed if it is given at least 56 marks. The results shall be notified to each candidate.

3. People that pass the tests shall be issued with the Audit practitioner certificate or Accounting practitioner certificate by the Ministry of Finance.

4. Other provisions are implemented in accordance with this Circular.

Section 3. THE STATE’S AUDITOR AND ACCOUNTANT EXAMINATION BOARD

Article 13. The State’s auditor and accountant examination board (the Board of examiners)

1. The Board of examiners is established by the Minister of Finance at the proposal of the Director of the Department of Audit and Accounting Regulation, and the Director of the Department of  Officer Organization.

2. The the Board of examiners shall hold the exams for auditors and accountants as prescribed by the Ministry of Finance. In each exam, the President of the Board of examiners shall establish the Exam development board, Invigilation board, the Grading board, Grade review board (if necessary).

Article 14. The composition of the Board of examiners

1. The Board of examiners is established in each exam. The composition of the Board of examiners must not exceed 11 people including:

a) The President of the Board of examiners is the leader of the Ministry of Finance or the Director of a Department authorized by the Minister of Finance;

b) 04 Deputy Presidents are leaders of the Department of Audit and Accounting Regulation, the Department of Officer organization, the Professional organization of accounting, adit, among which the leader of the the Department of Audit and Accounting Regulation is the Standing Deputy President;

c) The secretary and members of the Board of examiners are representatives of units affiliated to the Ministry of Finance.

2. An individual must not participate in the Board of examiners in more than 3 consecutive exams, unless otherwise prescribed by the Minister of Finance.

3. A person must not participate in the Board of examiners and the relevant divisions of an exam if his or her father, mother, child, brother, sister, spouse takes such exam.

4. A person participating in revising or instructing the preparation for an exam must not participate in the Board of examiners, or give questions, approve questions, or grade such exam (including the first grading and grade review). The members of the Board of examiners of an exam must not participate in lecturing, revising, instructing the preparation for such exam. A person that has graded the exams must not participate in the grade review.

5. The office of the Board of examiners is situated at the Department of Audit and Accounting Regulation, the Ministry of Finance.

6. The Board of examiners is assisted by the Standing team established under the decision made by the Director of the Department of Audit and Accounting Regulation, and the Director of the Department of Officer Organization. The Standing team must not exceed 9 people.

7. The functions and tasks of the devisions established and opearated by the Board of examiners including the Standing team, the Exam development board, the Invigilation board, the Grading board, the Grade review board as prescribed by the Ministry of Finance.

Article 15. The working regime of the Board of examiners

1. The Board of examiners works under the collective regime. The decisions made by the Board of examiners are passed when at least two third (2/3) of the members of the Board of examiners approve.

2. The Board of examiners may use the the Ministry of Finance’s seal during their operation.

3. The Board of examiners may hold meetings and activities within the scope of their tasks and authority during office hours. The members of the Board of examiners shall receive remuneration extracted from the test fee, approved by the Ministry of Finance.

4. The agenda and contents of the meeting must be notified in writing to the members 5 days  prior to the meeting.

Article 16. Responsibility and authority of the Board of examiners

1. Publicly notifying the exam plan on means of mass media.

2. Receiving, checking the applications, making and approving the list of candidates.

3. Developing the questions and answers.

4. Organzing invigilation and grading.

5. Summarizing and submitting the exam results of each exam to the Ministry of Finance for approval.

6. Announcing the exam results and notifying the grade to each candidates under the results approved by the Ministry of Finance.

7. Organizing grade reviews on the candidates’ request.

8. Preserving, storing the question sheets, answer sheets, and materials related to the exam until they are handed over as prescribed by the Ministry of Finance.

9. Suggesting or participating in the completion of the exam and issue of Audit practitioner certificates and Accounting practitioner certificates when being requested.

Article 17. Tasks and authority of members the Board of examiners

1. The President of the Board of examiners:

a) Organizing the implementation of the responsibility and authority of the Board of examiners prescribed in this Circular;

b) Assigning tasks to the Deputy Presidents and members of the Board of examiners;

c) Makding decisions on the establishment of the Exam develoment board, the Grading board, and the Grade review board;

d) Organizing the making of questions and answers, the selection of questions and answers under the prescribed program; protecting the confidentiality of the questions and answers; inviting exam opponents if necessary;

dd) Sending reports on the exam results to the Minister of Finance;

e) Authorizing the Standing Deputy President of the Board of examiners to operate the the Board of examiners when the President is absent.

2. The Standing Deputy President of the Board of examiners: operating the Board of examiners under the assignment from the President of the Board of examiners.

3. Deputy Presidents and members of the Board of examiners: performing the tasks assigned by the President of the Board of examiners.

4. The secretary of the Board of examiners:

a) Organizing the reception of candidates’ applications, submiting the list of candidates to the Board of examiners for approval;

b) Preparing the necessary documents and making the Board of examiners meeting minutes;

c) Making and submiting the list of eligible and uneligible candidates to the Board of examiners for approval, and announcing the list of successful candidates on the website of the Ministry of Finance;

d) Collecting and submitting the disciplinary records to the Board of examiners for consideration;

dd) Performing other tasks assigned by the President of the Board of examiners.

Section 4. EXAM RESULTS, RECORD RETENTION, APPROVAL, AND EXAM RESULT CANCELLATION

Article 18. Exam results, record retention, exam passing

1. A test is considered passed when it is geven at least 5 marks on the scale of 1 to 10, and at least 50 marks on the scale from 1 to 100 (for foreign language subjects).

2. Record retention:

The results of passed tests are retained for 3 years as from the first exam (for the whole year). Example: for the candidates in 2012, the record shall be retained in 2012, 2013, 2014.

During the retention, the candidate may take the tests on the remaining subjects or retake the failed tests, or take improvement tests as prescribed in Clause 3 this Article. Each exam must not be taken more than 3 times (including the first time).

3. Improvement exams: the candidates that pass the tests prescribed in Clause 1, Clause 2, Clause 3 Article 6 (excep for foreign language subjects), but the requirement prescribed in Clause 4 this Article is not satisfy, may apply for taking the improvement test 3 times as prescribed in Clause 2 this Article. The highest grade of the tests taken shall be counted.

4. Passing exams:

a) For exams for Accounting practitioner certificates: the candidates that pass all 4 subjects prescribed in Clause 1 Article 6, and the total mark is 25 or more, are considered passed;

a) For exams for Audit practitioner certificates: the candidates that pass all 7 subjects prescribed in Clause 2 Article 6, and the total mark (except of foreign language subjects) is 38 or more, are considered passed;

a) For people having Audit practitioner certificates taking exams for Audit practitioner certificates: the candidates that pass all 3 subjects prescribed in Clause 3 Article 6, and the total mark (except of foreign language subjects) is 12,5 or more, are considered passed;

5. The candidates that satisfy the requirements prescribed in Point a Clause 4 this Article shall be issued with the Accounting practitioner certificates, the candidates that satisfy the requirements prescribed in Point b or Point c Clause 4 this Article shall be issued with the Audit practitioner certificates.

Article 19. Exam result approval

1. Based on the exam results, the Board of examiners shall make and send the list of results of each subject to the Ministry of Finance for approval.

2. Within 15 days as from announcing the exam results, the candidates are entitled to send the application for grade review to the President of the Board of examiners. If the grade is reviewed, the new grade shall apply.

Article 20. Exam result cancellation

1. The test results of all subjects shall be voided in the following cases:

a) The record retention period has expired and the candidate is not able to achieve the minimum total mark prescribed in Clause 4 Article 18 of this Circular;

b) One of the subjects is still failed after having taken the test 3 times as prescribed in Clause 1 Article 18 of this Circular.

2. The candidate of whom the exam results are voided must retake the tests on all subjects specified in Clause 1, Clause 2, or Clause 3 Article 6 of this Circular.

Article 21. Grade certificates

Based on the exam results approved by the Ministry of Finance, the President of the Board of examiners shall issue the grade certificates to all candidates (Annex No. 03a, Annex No. 03b, Annex No. 03c). The grade certificate is the basis for making the application for taking residual tests, retaking failed tests, or taking improvement tests (for cadidates that have not taken enough exams or has not passed all the exams).

Section 5. ISSUING AUDIT PRACTITIONER CERTIFICATES OR ACCOUNTING PRACTITIONER CERTIFICATES

Article 22. Issuing audit practitioner certificates or accounting practitioner certificates

1. Within 45 days as from having the exam results, the Ministry of Finance shall issue the Audit practitioner certificates or Accounting practitioner certificates to candidates that pass the exams.

2. The Audit practitioner certificate (Annex No. 04) or Accounting practitioner certificate (Annex No. 05) shal lbe given directly to the candidates or their representatives; lost certificates shall not be reissued.

3. Audit practitioner certificates and Accounting practitioner certificates are legally valid for applying for practicing accounting and audit as prescribed by current law provisions on audit and accounting practice.

4. The fee for issuing audit and accounting practitioner certificates must comply with the Ministry of Finance’s provisions.

Section 6. HANDLING VIOLATIONS

Article 23. Handling violations commited by exam organizers

1. The violations commited by exam organizers include:

a) Taking prohibited materials and items to the exam development area, to exam rooms or grading rooms;

b) Bing irresponsible during the exam preparation that affect the exam results;

c) Falsifying the candidates’ records;

d) Directly doing the test for candidates during the exams;

dd) Revealing the nominal number of answer sheets

e) Swapping answer sheets, nominal numbers or candidates’ grades;

g) Losing the answer sheets when collecting, transporting, preserving, or grading the answer sheets;

h) Fixing, or changing the answer sheets;

i) Fixing the grade on the answer sheets, or on the grading record, or on the grade table;

k) Revealing the questions and answers; trading questions and answers;

l) Taking the question sheets outside the exam area, or taking the answers into the exam area during the exam;

m) Systematically cheating.

2. The exam organizers that commit the violations prescribed in Clause 1 this Article shall be suspended by the Board of examiners from participating in the exam organization right after the violation is detected, and might be subject to the disciplinary action taken by officer organization agencies as prescribed by relevant law provisions, and might be discharged from the tasks related to the Board of examiners for 1 – 5 years.

Article 24. Handling violations committed by candidates

1. Candidates that discuss or exchange papers with other people for the first time shall be warned.

2. 25% of the total mark shall be subtracted if such candidates discuss or exchange papers with other people for the second time.

3. Candidates shall be suspended from the exam when committing one of the following violations:

a) Keep discussing or exchanging papers with other people after the second time.

b) Taking prohibited materials and items to the exam room as from the question sheets are handed out until the end of the test duration (whether or not they have been used);

c) Using materials, message transmitters and receivers, audio and video recorders, information storage devices that may be used to do the test in any form, inside or outside the exam room;

d) Giving to rough papers or answer sheets to other candidates, or receiving rough papers or answer sheets from other candidates;

dd) Intentionally avoiding to submit the answer sheet, taking and damaging other's answer sheets, or using other's answer sheet to submit.

4. The test from which the candidate is suspended shall be graded zero (0), and the candidate must leave the exam room immediately, submit the answer sheet and the question sheet to the invigilator, and only leave the exam area after two third (2/3) of the test duration; the remaining tests are also voided, and the entirel exam result is voided.

5. The exam result shall be voided and the candidate shall be banned from taking exams in 2 consecutive years, or shall be subject to criminal prosecution if one of the following violations is commited:

a) Assaulting inviligators, exam organizers, or other candidates;

b) Disrupting and causing disorder in the exam areas, causing damage to the exam section;

c) Making false profiles, doing the test for another person, or having the test done by another person.

6. The disciplinary actions must be notified to the candidate. If the violating candidate refuses to sign on the record, two invigilators shall sign on the record to certify the candidate’s violation. If the invigilator and the Chief of the exam center do not agree on the settlement, both persons must write their opinion on the record for sending to the Chief invigilators for decision.

Article 25. Handling violations committing while grading

1. Answer sheets suspected being marked shall be graded collectively. If there are grounds for the graders and the chief grader to conclude that it is intentionally marked by the candidate, 25% of the total mark shall be subtracted.

2. The answer sheet shall be graded zero (0) if it is done on improper papers, or written by different kinds of inks or handwritings.

3. The answer sheets crumpled by another candidate according to the invigilation record shall be graded as usual, and the exam result shall be recognized.

Article 26. Revoking Audit practitioner certificates or Accounting practitioner certificates

1. The Audit practitioner certificate or Accounting practitioner certificate shall be revoked in the following cases:

a) Incorrectly stating the work duration and work experience in the profile for the purpose of satisfying the conditions for taking exams for Audit practitioner certificates or Accounting practitioner certificates.

b) Changing, forging the qualifications and certificates for the purpose of satisfying the conditions for taking exams for Audit practitioner certificate and Accounting practitioner certificate.

c) Doing the test for another person.

d) Other cases as prescribed by law.

2. The Ministry of Finance is entitled to revoke Audit practitioner certificates and Accounting practitioner certificates

Chapter III

ORGANIZING THE IMPLEMENTATION

Article 27. Transitional provisions

The improvement tests, the tests on residual subjects, the tests on failed subjects, the satisfactory mark, the record retention of candidates for Audit practitioner certificates and Accounting practitioner certificates in 2011 and earlier shall comply with the exam regulation promulgated together with the Decision No. 94/2007/QĐ-BTC on November 16, 2007 of the Ministry of Finance, promulgating the Regulation on the exam and issue of Audit practitioner certificates and Accounting practitioner certificates, and the Circular No. 171/2009/TT-BTC on August 24, 2009 of the Ministry of Finance, amending and supplementing a number of articles of the Regulation on the exam and issue of Audit practitioner certificates and Accounting practitioner certificates promulgated together with the Decision No. 94/2007/QĐ-BTC on November 16, 2007, until the end of December 31, 2013.

Article 28. Effect

This Circular takes effect on September 25, 2012 and supersedes the the Decision No. 94/2007/QĐ-BTC on November 16, 2007 of the Ministry of Finance, promulgating the Regulation on the exam and issue of Audit practitioner certificates and Accounting practitioner certificates, and the Circular No. 171/2009/TT-BTC on August 24, 2009 of the Ministry of Finance, amending and supplementing a number of articles of the Regulation on the exam and issue of Audit practitioner certificates and Accounting practitioner certificates promulgated together with the Decision No. 94/2007/QĐ-BTC on November 16, 2007.

Article 29. Organizing the implementation

The Director of the Department of Audit and Accounting Regulation, the Director of the Deparment of Officer organization, the President of the Board of examiners, Heads of relevant units are responsible for implementing this Circular./.