In the financial world, the title "State Auditor General" or "State Auditor" is likely to be familiar to many. With the continuous development of the economy and businesses, the role of the State Auditor General has become increasingly important.
1. What is State Auditor General?
State Auditor General is an important role within a company or organization responsible for ensuring the accuracy and transparency of financials and internal management. The State Auditor General often heads the internal audit department or may be hired externally to assess the entire financial system and related processes.
Under Vietnamese law, the State Auditor General of the Socialist Republic of Vietnam is the highest-ranking leader of the State Audit Office.
Based on Article 118 of the 2013 Constitution, it is stipulated as follows:
Article 118.
1. The State Audit Office is an agency established by the National Assembly, operating independently and subject only to the law, responsible for. conducting audits of the management and use of state finances and assets.
2. The State Auditor General is the head of the State Audit Office and is elected by the National Assembly. The term of the State Auditor General is determined by law.
The State Auditor General is responsible for reporting the results of audits and work to the National Assembly. During periods when the National Assembly is not in session, the State Auditor General is responsible for reporting to the Standing Committee of the National Assembly.
3. The organization, tasks, and specific powers of the State Audit powers of the State Audit Office are determined by law.
Previously, the State Audit Office was under the Government's authority, and the position of the State Auditor General was equivalent to that of a Minister, appointed by the Prime Minister and ratified by the National Assembly. After the Law on State Audit of Vietnam took effect on January 1, 2006, the State Audit Office shifted to being directly under the National Assembly. The position of the State Auditor General is now elected by the National Assembly upon the nomination of the Standing Committee of the National Assembly, with the Prime Minister's concurrence. The term of the State Auditor General is 7 years and can be re-elected but not for more than two terms. This change was introduced to ensure more objective and independent oversight of state budget expenditures.
2. Functions, Duties, and Powers of the Sate Auditor General
The functions, duties, and powers of the State Auditor General are specified in the Law on State Audit of Vietnam in 2015 and the Law amending and supplementing some articles of the Law on State Audit in 2019 as follows:
FUNCTION
The State Audit has the function of evaluating, confirming, concluding, and making recommendations regarding the management and use of state finance and state assets.
DUTIES AND POWERS
Duties of the State Audit
1. To decide on the annual audit plan and report to the National Assembly before implementation.
2. To organize the annual audit plan implementation and conduct audit tasks as required by the National Assembly, the Standing Committee of the National Assembly, the State President, the Government, and the Prime Minister.
3. To consider and decide on audit when proposed by the National Assembly's Ethnic Council, committees of the National Assembly, the National Assembly Delegation, the Standing People's Council, People's Committees at the provincial and centrally-affiliated city level, and organizations and agencies not included in the annual audit plan of the State Audit.
4. To present the opinion of the State Audit for the National Assembly's consideration and decision on the state budget estimate, the allocation of central budget, the principle of investing in national target programs, and important national projects, and to approve the state budget settlement.
5. To participate with the National Assembly's agencies and the Government in reviewing the state budget estimate, the central budget allocation plan, the state budget adjustment plan, the allocation plan for national target programs, and important national projects decided by the National Assembly, and the state budget settlement.
6. To participate with the agencies of the National Assembly in supervising the implementation of laws, resolutions of the National Assembly, legal documents, and resolutions of the Standing Committee of the National Assembly in the field of finance and budget, and monitor the implementation of the state budget and financial policies when requested.
7. To engage with the agencies of the National Assembly and the Government, as well as authorized bodies in submitting draft laws and legal documents for examination and verification when requested, in the process of drafting and scrutinizing draft laws and legal documents.
8. To provide a comprehensive report on the annual audit results and the results of implementing audit conclusions and recommendations to the National Assembly, the Standing Committee of the National Assembly, and submit this report to the State President, the Government, the Prime Minister, the Ethnic Council, and the committees of the National Assembly, in accordance with the relevant legal regulations.
9. To explain the audit results to the National Assembly and its agencies, as stipulated by law.
10. To publicly disclose the audit reports, summaries of the annual audit results, and reports on the results of implementing audit conclusions and recommendations, as required by Article 50 and Article 51 of this Law and other related legal regulations.
11. Monitor and inspect the implementation of the State Audit conclusions and recommendations.
12. Manage audit records, maintain the confidentiality of accounting documents and information related to the audited entities as stipulated by law.
13. Engage in international cooperation in the field of state audit.
14. Organize and manage scientific research, training, development, and human resource capacity building for State Audit.
15. Organize examinations, issuance, revocation, and management of State Auditor certificates.
16. Provide information, promote, educate, and raise awareness of the laws related to state audit.
17. Develop and submit to the Standing Committee of the National Assembly for the issuance of the State Audit Development Strategy.
18. Perform other tasks as stipulated by law.
Powers of the State Audit:
1. Submit draft bills, draft ordinances, draft resolutions to the National Assembly and the Standing Committee of the National Assembly as stipulated by law.
2. Require the audited entities and relevant organizations, individuals to provide complete, accurate, and timely information, documents for the purpose of auditing.
2a. Inspect, cross-reference directly related contents within the scope of the audited entities at organizations, agencies, and individuals related to the auditing activities.
3. Request the audited entities to implement the State Audit's conclusions, recommendations regarding irregularities in financial reports, legal compliance issues; propose measures to address deficiencies in the operations of the audited entities identified by the State Audit.
4. Recommend that authorities and empowered individuals require the audited entities to fully and promptly implement the State Audit's conclusions, recommendations regarding irregularities in financial reports and legal compliance issues; propose legal actions for cases of non-compliance or incomplete and untimely implementation of the State Audit's conclusions and recommendations.
5. Suggest that authorities and empowered individuals take action in accordance with the law against the violations of laws by organizations, institutions, and individuals that have been identified through auditing activities.
6. Propose that authorities and empowered individuals take action in accordance with the law against organizations, institutions, and individuals who obstruct the State Audit's activities or provide false information and documents to the State Audit and State Auditors.
6a. Impose administrative penalties in the field of state audit as stipulated by the Law on Administrative Violations.
7. Request professional inspection when necessary.
8. Be entrusted or hire auditing enterprises to perform audits of state agencies, organizations managing and using state finances and state assets; the State Audit is responsible for the accuracy of the data, documents, conclusions, and recommendations provided by the auditing enterprises.
9. Recommend to the National Assembly, the Standing Committee of the National Assembly, the Government, the Prime Minister, and other state agencies to amend, supplement mechanisms, policies, and laws.
The State Auditor General plays a crucial role in ensuring the accuracy and transparency of the finances of a business or a government. Hiring a high-quality State Auditor General can bring many benefits in protecting assets, mitigating risks, and maintaining transparency in business operations.
Audit services provided by RSM Vietnam
Audit of listed companies
Why is RSM Vietnam the right choice for listed companies? The pressures and challenges related to managing listed companies are increasing. Protecting the interests of shareholders, dealing with frequent changes in securities laws, global market competition, and maintaining the reputation of their clients are just a few of the countless challenges that Boards of Directors have to face.
International network RSM Vietnam is a member of RSM Global, which means we have international connections when conducting audits for clients with headquarters and subsidiary companies in different countries. RSM Global operates in more than 123 countries worldwide, with 860 offices across the Americas, Europe, MENA, and the Asia-Pacific region.
RSM Vietnam's experience The audit department for listed companies at RSM Vietnam, with its experience and in-depth knowledge in various industries, helps clients have the best audit service experience. Direct discussions throughout the audit process are crucial for addressing key issues. RSM Vietnam's leadership will work closely with clients both before and after the audit to promptly identify the challenges clients are facing and provide the most appropriate solutions.
The added values that RSM Vietnam provides RSM Vietnam regularly organizes and participates in seminars and in-depth research with the Ministry of Finance, the State Securities Commission of Vietnam, the HOSE (Ho Chi Minh Stock Exchange), and the HNX (Hanoi Stock Exchange). This helps us maintain sustainable relationships with these agencies and quickly provide clients with in-depth information about upcoming changes that may affect their operations.
How can we help and support clients? When starting an audit, our team of experts spends a significant amount of time understanding the client's operations and business environment. Based on this research and our experience with similar clients, the audit team will develop the most suitable plan to focus on critical issues the client is facing. Our partners and clients can directly engage with RSM Vietnam's leadership and expert team to receive timely assistance with complex or unusual transactions.
We apply the Risk-Based Audit Methodology (RSM Orb) and are committed to upholding professionalism, independence, and ethical conduct.
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If you require or wish to inquire about our services, please contact:
RSM VIETNAM CO., LTD - Hanoi Branch
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