Audit Institutions Hold Information Assets

Original Language Title: 审计机关封存资料资产规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201108/20110800347833.shtml

Audit institutions hold information assets

    (December 28, 2010 audit makes 9th, announced since February 1, 2011 up purposes) first article to specification audit organ sealed was audit units about information and violation national provides made of assets of behavior, guarantees audit organ and audit personnel strictly law exercise audit supervision terms, improve law audit level, maintenance national interests and was audit units of lawful rights and interests of, according to audit method, and audit method implementation Ordinance and other about legal regulations, developed this provides.

    Article audit institution to audit-related information and assets acquired in violation of State regulations take hold measures for the application of this provision.

    Audit evidence, the audit institutions may be destroyed or lost or difficult to obtain later cases, advanced registration and preservation of measures taken, in accordance with the law on administrative punishment and regulations of the relevant administrative regulations.

    Article storage measures, should follow the principles of legality, prudent.

    Audit institutions should be strictly in accordance with the implementation of the audit law, audit law regulations and these provisions determine the conditions and procedures for storage measures may not abuse its right to hold.

    Audit institutions through the Suppression of violations the auditees, timely evidence or advanced registration and preservation measures adopted to comply with the audit objective without measures to take hold.

    Fourth, one of the following circumstances, the audit institution sequestration measures can be taken:

    (A) the audited unit or may transfer, concealing, tampering, destroying accounting vouchers, account books, financial reports and other financial revenues and expenditures or financial-related information;

    (B) the entity is or may transfer, concealment of assets acquired in violation of State regulations.

    Article fifth audit organs according to law to hold the audited units of the following information:

    (A) accounting vouchers, account books, financial reports and accounting information;

    (B) contracts, documents, meeting records, and audited financial payments or other financial-related information.

    Above information is stored on media such as magnetic, optical, electric, audit organ may hold the relevant storage mediums.

    Sixth audit organs on the audited unit in violation of State regulations for obtaining cash, physical assets, such as vouchers or proof of the ownership of securities, asset storage.

    Seventh audit institutions measures to take hold, people's Governments above the county level shall be subject to audit institutions (including County-level people's Government Auditing Agency of the organs and the people's Governments above provincial level audit organs, the same below) charge approval by two auditors.

    Eighth audit institutions take hold measures shall provide the audited unit seal notice is served.

    Storage includes the following content:

    (A) the audited unit name;

    (B) hold basis;

    (C) hold the name and quantity of the information or assets;

    (D) the storage period;

    (E) the audited entity may apply for administrative reconsideration or bring an administrative suit the ways and terms;

    (F) the name, stamp and date of audit institutions.

    Auditees are transferring, concealing, tampering with or destroying the information or are transferred, concealed assets acquired in violation of State regulations and other emergency situations, Auditors reported orally approved by the head of the people's Governments above the county level audit institutions, may take the necessary measures to seal up and send sealed letters.

    Nineth audit institutions take hold when Auditors shall, together with the audited unit personnel for the information or asset inventory, listed storage list. General information registered seal of the sealed list name, quantity, and storage assets, such as the names, specifications, types, quantity.

    Storage data stored on a magnetic, optical, electronic and other media, should also set out the name, specifications and other storage media.

    Storage list in duplicate, by the auditor and auditee personnel check the signatures or seals, each party holds one copy.

    Tenth audit institutions should be kept sealed information or assets, file cabinets, safes, archives, warehouses, and sealed.

    Audit institution which shall be indicated on the seal name date, sealed and stamped with the seal of audit institutions.

    11th audit institutions have custody conditions, can take care of storage of information or asset storage conditions do not have, you can specify the auditees to store storage data, assets, equipment or facilities for custody or custody; special case, or Commission with audited non-interested third party for safekeeping.

    Auditing agencies to auditees custody or charge storage device to seal information, assets or facilities shall be sealed together in a notice containing the duty of care of the auditees.    

    12th the auditees or entrusted with the custody of a third person shall perform the duty of care, in addition to the circumstances provided for in article 13th, it may not seal shall not be destroyed or transferred deposit sealing materials, assets, equipment or facilities.

    13th in case of natural disasters and other emergencies, may lead to seal the information or asset damage, has a duty of care of the audited unit or a third person, shall hold information or assets transferred to a safe place, and shall promptly report to the auditing authorities sealed the measures taken.

    Article 14th storage term of not more than 7 business days; there are special circumstances need to be extended, approved by the head of the people's Governments above the county level audit institutions, may be appropriately extended, but the extension period shall not exceed 7 working days.  

    15th audit agencies to hold information or assets, auditors should be reviewed in a timely manner, obtaining audit evidence, or the attention of the relevant authorities audited assets acquired in violation of State regulations for processing.

    16th audit institutions in the hold period expires or in storage within the time limit to complete the processing of relevant information or assets, auditors should be associated with the entity staff to inventory storage information or assets be returned, indicate on the list of sealed and held, the hold date and refund information or assets, signed or sealed by both parties.

    17th Audit Agency violates the measures take hold and cause significant harm to national interests or the legitimate rights and interests of the auditees, in accordance with the provisions of relevant laws and regulations to hold people accountable.

    18th the audited units or a third person has a duty of care, one of the following acts, in accordance with the provisions of relevant laws and regulations to hold people accountable:

    (A) except as provided in this article 13th case, unsealed without authorization;

    (B) intentional or not custodial responsibility, leading to storage data is transferred, concealed, tampered with, destroyed;

    (C) intentional or not custodial responsibility, lead to assets being transferred, concealed, destroyed in storage.

    Article 19th by the Audit Commission is responsible for the interpretation of these provisions. 20th article of the regulations come into force on February 1, 2011.