|
THE MINISTRY
OF FINANCE
--------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
|
No.
203/2012/TT-BTC
|
Hanoi,
November 19th 2012
|
CIRCULAR
ON THE ISSUANCE, MANAGEMENT, AND USE OF CERTIFICATES OF
ELIGIBILITY FOR PROVIDING AUDIT SERVICES
Pursuant to the Law on Independent audit No.
67/2011/QH12 dated March 29th 2011;
Pursuant to the Government's Decree No.
17/2012/ND-CP dated March 13th 2012, elaborating and guiding the
implementation of the Law on Independent audit;
At the Government's Decree No. 118/2008/ND-CP
dated November 27th 2008, defining the functions, tasks, powers and
organizational structure of the Ministry of Finance;
At the request of the Director of the
Department of Audit and Accounting Regulation,
The Minister of Finance issues a Circular on
the issuance, management, and use of Certificates of eligibility for providing
audit services
Chapter I
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 1. Scope of
regulation
This Circular specifies the order and procedure
for the issuance of Certificates of eligibility for providing audit services,
the management, and the use of Certificates of eligibility for providing audit
services applicable to audit firms and branches in Vietnam of foreign audit
firms.
Article 2. Subjects of
application
1. Audit firms and branches in Vietnam of
foreign audit firms (hereinafter referred to as audit firms).
2. Organizations and individuals involved in the
issuance, management, and use of Certificates of eligibility for providing
audit services .
Article 3. Holders of
Certificates of eligibility for providing audit services
Certificates of eligibility for providing audit
services are issued to limited liability companies, partnerships, private
enterprises, branches in Vietnam of foreign audit firms that satisfy the
conditions in Article 21 of the Law on Independent audit and the regulations in
the Government's Decree No. 17/2012/ND-CP dated March 13th
2012, elaborating and guiding the implementation of the Law on Independent
audit (hereinafter referred to as the Decree No. 17/2012/ND-CP). The
requirements of capital contribution levels of auditors prescribed in Clause 1
of Article 7 and capital contributions of organizations prescribed in Clause 6
of the Decree No. 17/2012/ND-CP are not applicable to audit LLCs funded by
foreign partners as prescribed in Clause 3 Article 62 of the Law on Independent
audit.
Article 4. The dossier
1. The copies of papers and qualifications must
be authenticated by competent agency as prescribed by law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. The papers issued by foreign organizations or
notarized/authenticated overseas must be consularly legalized as prescribed by
Vietnam’s law, unless the consular legalization is exempted by an International
Agreement to which Vietnam is a signatory.
4. The applicant for the Certificate of
eligibility for providing audit services is responsible for the accuracy of the
dossier being sent to the Ministry of Finance.
5. The organizations and individuals that
certify the capital are jointly responsible for the accuracy of the capital at
the certifying time.
Chapter II
DOCUMENTATION, ORDER,
PROCEDURE FOR THE ISSUANCE OF CERTIFICATES OF ELIGIBILITY FOR PROVIDING AUDIT
SERVICES, THE MANAGEMENT AND THE USE OF CERTIFICATE OF ELIGIBILITY FOR
PROVIDING AUDIT SERVICES
Article 5. The dossier of
application for the Certificate of eligibility for providing audit services,
applicable to limited liability companies, partnerships, and private
enterprises
1. The application for the Certificate of
eligibility for providing audit services in Vietnamese (according to the
template in Annex I).
2. The copy of the Certificate of Business
registration or Certificate of Enterprise registration or Investment
certificate.
3. The list of full-time auditors having labor
contracts (according to the template in Annex III).
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. The copy of the Decision on the appointment
of the Director made by the Member assembly (of a limited liability company or
a partnership).
6. The copy of the company’s charter.
7. The list of capital contributors, the list of
partners (according to the template in Annex IV), specifying:
a) Full names, addresses, nationalities, numbers
and date of issues of ID cards or passports or other legal ID papers of
individuals; numbers and dates of issue of the Certificates of audit practice
registration (of auditors);
a) Names, locations, numbers and dates of issue
of the Decision on establishment (or business registration) of organizations;
full names, addresses, nationalities, numbers and dates of issues of ID cards
or passports or other legal ID papers, numbers and dates of issues of
Certificates of audit practice registration of the individuals that represent
the capital contributed;
c) The amount of registered capital
contribution, the value of actual contribution, the holding, and the
contribution term.
8. The written capital certification of limited
liability companies, in particular:
a) New companies must have:
- Contribution records of founders;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- The capital contribution is made by assets, it
is required to obtain a written certification of the valuation of contributed
assets made by a valuating organization in Vietnam. The certification must be
unexpired on the day on which the dossier of application for the Certificate of
eligibility for providing audit services is submitted.
b) The existing equity of an operating company
in the latest financial statement (in the registration year or the year before)
must be certified in writing by another independent audit firm.
Article 6. The dossier of
application for the Certificate of eligibility for providing audit services,
applicable to branches in Vietnam of foreign audit firms
1. The application for the Certificate of
eligibility for providing audit services (according to the template in Annex
I).
2. The copy of the License to provide audit
services of the foreign audit firm (or an equivalent paper) as prescribed by
the law of its home country.
3. The copy of the License to open branches in
Vietnam of the foreign audit firm.
4. The written commitments to take the full
responsibility being sent to the Ministry of Finance made by the foreign audit
firm in Vietnam and its branch.
5. The list of full-time auditors having labor
contracts at the branch in Vietnam of the foreign audit firm.
6. The copies of the Certificates of audit
practice registration of auditors.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
8. The written certification made by another
independent audit firm of the existing equity of the foreign audit firm in the
latest financial statement (in the registration year or the year before).
9. The documents proving that the foreign audit
firm provides capital for its branch in Vietnam.
Article 7. The order and
procedure for issuing, reissuing, and amending Certificate of eligibility for
providing audit services
1. The
applicant for the issuance, reissuance, or amendment of the Certificate of
eligibility for providing audit services shall send one dossier as prescribed
in this Circular to the Ministry of Finance.
2. If no request for supplementation or
explanation is made after the period in Clause 1 Article 23 and Clause 3
Article 24 of the Law on Independent audit, the Ministry of Finance shall
consider issuing, reissuing, or amending the Certificate of eligibility for
providing audit services; the refusal must be notified and explained in writing
by the Ministry of Finance.
3. Where the dossier of application is not
valid, the Ministry of Finance shall request the applicant to complete the
dossier within 10 working days from the day on which the dossier is received.
4. When receiving the written request from the
Ministry of Finance, the applicant must complete the dossier in accordance with
the request and send it back to the Ministry of Finance. After 10 working days
from the day on which the supplemented dossier is received, if the Ministry of
Finance does not make any written request for additional supplementation, the
Ministry of Finance shall consider issuing, reissuing, or amending the
Certificate of eligibility for providing audit services within the time limit
in Clause 1 Article 23 and Clause 3 Article 24 of the Law on Independent audit.
5. Where the applicant does not correct
supplement the dossier in accordance with the request, the Ministry of Finance
shall request the applicant to complete the dossier as prescribed in Clause 3
and Clause 4 of this Article.
Article 8. Contents of the
Certificate of eligibility for providing audit services
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Name of the audit firm in Vietnamese and
foreign languages (if any); its abbreviated name (if any); and address of the
head office;
b) Full names of the legal representative and
the Director of the audit firm (if the Director is not the legal representative);
c) The number and date of issue of the
Certificate of eligibility for providing audit services;
d) The number and date of issue and issuer of
the Certificate of Business registration or Certificate of Enterprise
Registration or Investment certificate.
dd) The terms and conditions by which the audit
firm must abide when using the Certificate of eligibility for providing audit
services.
2. The template of the Certificate of
eligibility for providing audit services is provided in Annex V of this Circular.
Article 9. Amending the
Certificate of eligibility for providing audit services
1. The audit firm must apply for the amendment
of the Certificate of eligibility for providing audit services when changing
its contents as prescribed in Clause 1 Article 8 of this Circular.
2. The dossier of application for the amendment
of the Certificate of eligibility for providing audit services includes:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) The original copy of the latest Certificate
of eligibility for providing audit services;
c) The detailed description of the amendment and
other documents related to the amendment.
Article 10. Reissuing the
Certificate of eligibility for providing audit services
1. An audit firm issued with the Certificate of
eligibility for providing audit services shall apply for its reissuance in the
following cases:
a) The Certificate of eligibility for providing
audit services is lost of damaged;
b) The firm is divided, split, merged,
amalgamated, or the form of ownership is converted.
2. The audit firm must apply for the reissuance
of the Certificate of eligibility for providing audit services within 20 days
from the day on which it is lost or damaged, or from the day on which the
division, split, merger, amalgamation, or conversion of the form of ownership
is finished.
3. The dossier of application for the reissuance
of the Certificate of eligibility for providing audit services when it is lost
of damaged includes:
a) The application for the reissuance of the
Certificate of eligibility for providing audit services (according to the
template in Annex VII);
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Relevant documents.
4. The dossier of application for the reissuance
of the Certificate of eligibility for providing audit services in case of a
division, split, merger, amalgamation, or conversion of the form of ownership
is made in accordance with Article 5 and Article 6 of this Circular.
Article 11. Fee payment
1. The applicant for the Certificate of
eligibility for providing audit services must pay the fee when submitting the
dossier.
2. The levels, the management, and the use of the
fee for issuing, reissuing, and amending the Certificate of eligibility for
providing audit services are prescribed by the Ministry of Finance.
Article 12. Suspending the
provision of audit services
1. An audit firm shall be suspended from
providing audit services in one of the cases in Clause 1 Article 27 of the Law
on Independent audit.
2. The audit firms suspended from providing
audit services shall stop providing audit services from the day on which the
decision on suspension is made.
3. The Ministry of Finance shall announce the
decision to suspend the provision of audit services on the website of the
Ministry of Finance within 07 days from the day on which the decision is made
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. An audit firm shall have its Certificate of
eligibility for providing audit services revoked in one of the cases in Clause
2 Article 27 of the Law on Independent audit.
2. The audit firm that has its Certificate of
eligibility for providing audit services revoked must stop providing audit
services from the day on which the decision on the revocation is made.
3. The Ministry of Finance shall announce the
decision to revoke the Certificate of eligibility for providing audit services
on the website of the Ministry of Finance within 07 days from the day on which
the decision is made.
4. The audit firm must return the Certificate of
eligibility for providing audit services to the Ministry of Finance within 10
days from the day on which the decision is made.
Article 14. Voluntary
suspension of audit service provision
1. An audit firm wishing to suspend the
provision of audit services must send a notification of the suspension
(according to the template in Annex XI) to the Ministry of Finance at least 15
days before the suspension date.
2. The list of suspended audit firms shall be
posted on the website of the Ministry of Finance.
3. When resuming the operation, the audit firm
must ensure that all conditions are satisfied, and send a written notification
to the Ministry of Finance within 10 days from the resuming day.
Article 15. Voluntary
termination of audit service provision
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. The dossier of application for terminating
the provision of audit services includes:
a) The application for terminating the provision
of audit services;
b) The reports on the unfinished audit contracts
and other service contracts as prescribed in Point b Clause 1 Article 40 of the
Law on Independent audit;
c) The measures and commitment to ensure the
lawful rights and interests of clients and involved parties;
d) The solutions for settling unfinished audit
contracts and other service contracts (if any).
3. The audit firm shall notify the termination
of audit service provision to its clients (audited units) and involved parties,
and on the mass media at least 30 days before officially terminating the
provision of audit services.
4. The notification of the termination of audit
service provision prescribed in Clause 1 of this Article must specify:
a) The time of termination and the reasons for
the termination of audit service provision;
b) The measures and commitment to ensure the
lawful rights and interests of clients and involved parties.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Branches of an
audit firm shall only provide audit services when all conditions in Article 31
of the Law on Independent audit are satisfied.
2. The audit firm that applies for the provision
of audit services of its branch shall send 01 dossier to the Ministry of
Finance. The dossier includes:
a) The application for provisions of audit
services of the branch (according to the template in Annex VIII);
b) The copy of the Certificate of Branch
registration issued by a business registration agency;
c) The copies of Certificates of audit practice
registration of auditors working at the branch;
d) The Decision to appoint the branch manager.
3. Within 30 days from the day on which the
valid dossier is received, the Ministry of Finance shall make written approvals
for the each branch. The refusal must be explained by the Ministry of Finance.
4. The branches of an
audit firm that fail to satisfy the conditions in Article 31 of the Law on
Independent audit for 03 consecutive months shall be suspended from providing
audit services.
5. Where an audit firm is suspended from providing
audit services, its branches are also suspended from providing audit services.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 17. Responsibilities
of audit firms
1. Maintain the fulfillment of the conditions
for being issued with the Certificate of eligibility for providing audit
services throughout the operation.
2. Do not falsify the contents of the
Certificate of eligibility for providing audit services.
3. Do not lend, lease out, mortgage, trade, and
transfer the Certificate of eligibility for providing audit services.
4. Send a report to the Ministry of Finance
within 10 days from the day on which Certificate of eligibility for providing
audit services is lost or damaged.
5. Send a written notification (enclosed with
evidence) to the Ministry of Finance within 10 days from the day on which the
changes prescribed in Article 26 of the Law on Independent audit occur.
6. Facilitate the inspection and measures taken
by competent state agencies to ensure the fulfillment of the conditions for
providing audit services and the proper use of the Certificate of eligibility
for providing audit services.
7. Before October 31st every year or
at the request of the Ministry of Finance, the audit firms must send reports on
the fulfillment of the conditions for providing audit services (according to
the template in Annex IX) to the Ministry of Finance, enclosed with the
documents prescribed in Article 5 and Article 6 of this Circular that are
changed.
8. Annually, audit firms shall send reports on
their operation in the year (according to the template in Annex X) and
financial statements of the preceding year to the Ministry of Finance. The
deadline for sending reports on the operation in the year is April 10th
in the next year. Financial statements shall be sent within 90 days from the
end of the fiscal year.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. The Ministry of Finance shall post on its
website:
a) The list of audit firms eligible for
providing audit services;
b) The list of audit firms and branches of audit
firms that are suspended from providing audit services, have their Certificates
of eligibility for providing audit services revoked, or receive warnings about
the conditions for providing audit services over the period in which they do
not satisfy the conditions for providing audit services.
c) The list of audit firms that voluntarily
suspend or terminate the provision of audit services.
2. Within 30
days from the day on which the Certificate of eligibility for providing audit
services is issued, the audit firm must post the information prescribed in
Points a, b, and c Clause 1 Article 8 of this Circular on 03 consecutive issues
of a paper of online newspaper.
Chapter III
IMPLEMENTATION
Article 19. Effect
1. This Circular takes effect on May 01, 2013.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
PP THE
MINISTER
DEPUTY MINISTER
Tran Xuan Ha