Hunan Province, Internal Audit Approach

Original Language Title: 湖南省内部审计办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201111/20111100353024.shtml

Hunan province, internal audit approach

    (July 4, 2011 Standing Committee of the Hunan provincial people's Government, the 87th review by Hunan provincial government order No. 255, published since July 26, 2011 as of October 1, 2011) Chapter I General provisions

    First in order to strengthen the internal audit work, to improve management, enhance efficiency, promoting clean government, in accordance with the People's Republic of China audit law and the provisions of relevant laws and regulations, combined with the province, these measures are formulated.

    Second approach applies the province shall accept auditing supervision within the administrative area of the State organs, State-owned and State-owned capital controlled or dominated by financial institutions and businesses, countries, institutions and other financial institutions (hereinafter referred to as units).

    Internal audit in these measures in article, refers to the unit independently and objectively on the units and departments of economic activity, the adequacy of internal controls, legitimacy and effectiveness of supervision and evaluation.

    Fourth unit in charge of internal audit of the entity or authority, establishing and perfecting the internal auditing system, on the formation of internal audit findings audit instrument authenticity, legitimacy, integrity, responsibility.

    Fifth audit institutions the people's Governments above the county level shall be responsible for guiding and monitoring internal audits within their respective administrative areas, carry out the following functions:

    (A) develop an internal audit system;

    (B) the supervision authorities establish an internal audit mechanism;

    (C) to guide the work of internal audit;

    (D) inspection, evaluation of internal audit;

    (V) guidance, supervision and the Institute of internal auditors shall perform their duties;

    (Vi) other duties stipulated by laws, rules and regulations.

    Article sixth Institute of internal audit internal audit work in accordance with the regulations for providing coordination and servicing, to perform their functions of industry self-regulation.

    Chapter II Organization and personnel

    Seventh law and regulations should establish an independent internal audit unit should be established pursuant to the provisions of the internal audit. Financial income and expenses, financial income and expenditure need larger units can work, in accordance with the prescribed procedures to set up an independent internal audit institution or the full-time internal auditor, internal audit work carried out in accordance with law.

    Do not have to set up an independent internal audit institution or the full-time internal auditors criteria, can authorize the finance, integrated and supervisory organs carry out internal audit responsibilities and, if necessary, may appoint a social audit agencies to assist the work of the internal audit unit. Eighth creation of internal audit bodies of financial institutions, enterprises and organizations, based on the need to set up an Audit Committee, with General Auditor.

    Director of the Audit Committee should consist of units in charge, General Auditor or external directors.

    Nineth internal auditors should have adapted to work with internal audit expertise and operational capacity, the implementation of certified, access to the profession of internal auditing training and continuing education.

    Heads of internal audit bodies should have a mid-level professional and technical posts qualification related to economics, management, law, or more than 3 years working experience, as well as other conditions stipulated by laws and regulations.

    Article tenth internal auditors to handle auditing matters shall abide by professional standards, be independent, objective, fair, and honest.

    11th internal auditors shall not concurrently hold or may affect its management duties according to law or finance. When an internal audit implementation, and audit or audit-related matters has an interest should be avoided.

    Withdrawal of the internal auditors, decided by the heads of internal audit bodies; withdrawal of the head of internal audit, decided by the heads of the main unit.

    12th requirements for internal auditors perform their duties, be guaranteed by this unit.

    Chapter III responsibilities and authorities

    13th internal auditors shall perform the following duties:

    (A) of the units and their subordinate units of financial payments, financial audit and related economic activities;

    (B) of the units and their subordinate units of fixed-asset investment projects budget implementation and the efficiency of audits;

    (C) of the units and their subordinate units implementation plans, budgets, contracts, audits;

    (D) of the units and their subordinate units of the internal control system integrity and effectiveness assessment;

    (E) to this unit within the Agency and subordinate unit heads of auditing economic responsibility;

    (F) the laws, regulations and the main unit head or other auditing matters assigned by the authority.

    14th internal auditors performing his duties, has the following permissions:

    (A) demand the auditees or the auditee to provide timely and complete audit-related information;

    (B) to participate in or attend meetings of the unit and its major investment, asset management, budget, financial budget and final accounts, and other significant management policy Conference;

    (C) check assets, economic activities related to the information scene in kind; may be transferring, concealing, tampering with or destroying accounting documents, accounting and financial and accounting reports and related economic activities or assets, approved by the heads of the main unit or authority, be temporarily sealed;

    (D) to the relevant mainland authorities in accordance with law, and personal issues related to the investigations and inquiries audit matters, obtain the relevant supporting documents;

    (E) acts in violation of the rules and regulations of, and illegal, in violation of management activities, in the terms of reference of the proposed recommendations;

    (F) approved by the heads of the main unit or authority, publicity about the audit results, notification, shall be ordered to correct the audit found problems;

    (VII) participation in this unit due to management needs, the selection of relevant community agencies or professionals;

    (H) the units comply with the financial regulations, economic benefits, contributed to the collective and individual, make recommendations for commendations and awards;

    (IX) other rights specified in laws, rules and regulations.

    15th bodies shall exercise functions of internal audit, auditees or the auditee shall cooperate, and may not refuse or impede. Head of unit or authority should protect the internal audit personnel shall carry out their duties.

    Any unit or individual is allowed to strike, retaliation by internal auditors.

    16th unit charge or authority within a legal and regulatory competence, grant bulletins, warnings, shall be ordered to correct the internal audit bodies, and so on.

    17th internal audit results should be used as appraisal, reward and punishment, appointment and dismissal of the internal institutions and an important basis for heads of unit.

    The fourth chapter programs 18th internal audit plan audit project management.

    Annual audit plans submitted to the main unit in charge or the authority for approval.

    19th internal audit institution in accordance with audit project audit team conducting the audit, the audit team members shall not be less than 2. 20th the audit team should prepare audit programmes, according to the audit plan audit.

    Audit programs and audit programme adjustments shall be approved by the head of the internal audit implementation. Before implementing audit, internal audit organizations shall provide the audited unit or been served a notice of audit the audit object.

    If necessary, you can direct the audit notification implementation audits.

    Article 21st audit group shall adopt the technical and legal procedures to obtain audit evidence. Signature or seal of audit evidence should be provided as evidence. Evidence provider refuses to sign or seal, the auditor should indicate the reason and date.

    Audited unit or the auditee disagrees with the audit evidence, the audit team should be verified. 22nd audit group should be based on the audit evidence to form audit report, seek the audited unit or the auditee's comments, submitted to the internal audit function.

    The internal auditor's audit report, the audit team should be reviewed, review comments.

    The auditees or the auditee shall from the date of receipt of the audit report draft feedback their views in writing to the audit group in the 10th.

    23rd article of the unit charge or authority shall audit group audit report, the audited unit or the auditee's written feedback, internal auditors review comments to validate a form audit reports and audit decisions of the entity. Audit reports, audit decisions shall be served on the auditees and the audited object.

    Audit reports, the decision shall take effect from the date of the audit.

    24th the auditees or the auditee shall receive the audit reports, audit decisions within 30th of the internal audit report audit the implementation of decisions. Audited unit or the auditee disagrees with the decision on audit, 10th within the unit since the date of receipt of the main heads or the authority to apply for a review.

    Units in charge or the authority shall from the date of receipt of the application within the 30th responded.

    During the review, and decided not to stop execution of the audit.

    25th follow-up audit internal auditing agencies may, when necessary, examine the audited unit or audit object audit reports, implementation of auditing decisions, and submitted to the heads of the main unit or authority audit report.

    26th unit shall establish an internal audit file management system, and keep archives of internal audit in accordance with the relevant provisions.

    Units of the 27th the audit office audit object, shall be in accordance with the provisions to which the parent account and audit authorities submitted to the internal audit work plan, statistical reports and audit reports, such as information on significant audit matters.

    The fifth chapter legal liability

    28th has been audited, the audit object any of the following circumstances, and dealt with according to law by the head of the main unit or authority constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) the refusal or delay in providing the relevant information, or the information provided is untrue, incomplete;

    (B) transferring, concealing, tampering with or destroying the information;
(C) refuse to implement audit decisions;

    (D) strike, retaliation, defamation, against internal auditors or whistle-blowers;

    (E) other violations of laws, rules and regulations.

    29th internal auditors shall have any of the following circumstances, and dealt with according to law by the head of the main unit or authority constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) using his power for personal gain;

    (B) fraud, favoritism and of concealing the problems or issues a false audit report identified;

    (C) negligence, to the State or economic loss caused by the auditees;

    (D) disclose State secrets, business secrets or private affairs;

    (E) other violations of laws, rules and regulations.

    Article 30th units in charge or responsible authority has any of the following circumstances, dealt with by the authority in accordance with law constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) strike, revenge, against internal auditors or whistle-blowers;

    (Ii) incite, instigate, or force the internal auditors or internal auditors issued in violation of laws and regulations of the audit report;

    (C) is hurting the interests of the country and acts weak does not stop or stop to cause significant damage and loss;

    (D) other violations of laws, rules and regulations.

    The sixth chapter supplementary articles

    31st article mentioned in these measures refers to the unit of internal control in order to maintain asset security and guarantee accounting information accurate and reliable, and guarantee compliance with national laws and regulations, improve operational efficiency and effectiveness in the internal self-regulation, constraints, planning, evaluation, and control of a range of methods, procedures and practices in General.

    Unit in charge in these measures refers to the State's Chief Executive and other corporate legal representative.

    Unit of authority mentioned in these measures refers to the decision-making powers according to the law of Agency.

    Article 32nd did not establish an independent internal audit unit, full-time or part-time work internal auditors the responsibilities, powers and procedures, in accordance with the relevant provisions in these procedures. 33rd article this way come into force October 1, 2011.