Circular 203/2012/tt-Btc: On Order, Procedures, Management And Use Of Certificates Of Eligibility The Audit Services Business

Original Language Title: Thông tư 203/2012/TT-BTC: Về trình tự, thủ tục cấp, quản lý, sử dụng giấy chứng nhận đủ điều kiện kinh doanh dịch vụ kiểm toán

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CIRCULAR on order, procedures, management and use of certificates of eligibility audit services business _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ independent audit pursuant to the law No. 67/QH12-2011 October 2011;
Pursuant to Decree No. 17/2011/ND-CP on 13/3/2012 of the Government detailing and guiding the implementation of some articles of the law on the independent audit;
Pursuant to Decree No. 118/2008/ND-CP on November 27, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of finance;
At the suggestion of the Director of audit and accounting regime, the Minister of Finance issued a circular about the sequence, procedures, management and use of certificates of eligibility audit services business.
Chapter I GENERAL PROVISIONS article 1. Scope this circular regulates the sequences, procedures, management and use of certificates of eligibility audit services for business-to-business audit, the audit business branch in Vietnam.
Article 2. Application object 1. The business audit, the audit business branch in Vietnam (hereinafter referred to as the audit business).
2. organizations and individuals related to the granting, management and use of certificates of eligibility audit services business.
Article 3. The object to be issued a certificate of eligibility audit services business certificate of qualification audit services business are issued for limited liability company (LTD), partnerships, private enterprise, branch audit business in Vietnam has sufficient conditions as defined in article 21 audit Law and the provisions in Decree No. 17/2012/ND-CP on 13/3/2012 of the Government detailing and guiding the implementation of some articles of the law on independent audits (below referred to as Decree 17/2012/ND-CP). For the audit company limited foreign investment stipulated in paragraph 3 Article 62 audit Law not apply conditions on the level of capital contributed by practicing auditors specified in article 7 paragraph 1 and which contribute to the Organization's rules in article 6 Decree 17/2012/ND-CP unless the company organizational restructuring into limited companies 2 members.
Article 4. Record-setting principles 1. Copies of papers, qualifications must be certified by the competent authority under the provisions of the law.
2. Application eligibility certification audit services business is made by Vietnamese. The attached proposal papers in foreign languages must be translated into Vietnamese and the translation must be certified in accordance with the law of Vietnam.
3. the paper by the Agency, foreign organization or notary, certified abroad must be legalized by the Consulate of Vietnam law provisions, except in cases that are free of consular legalization under the international treaties to which the Socialist Republic of Vietnam is a member.
4. Organization of the certification proposal eligibility audit services business are responsible for the accuracy, the integrity of records sent the Ministry of finance.
5. organizations and individuals who directly endorsed the same capital jointly take responsibility for the accuracy and honesty of the capital at the time of confirmation.
Chapter II PROFILE, sequence, PROCEDURE, administration, USE the CERTIFICATE of ELIGIBILITY AUDIT SERVICES BUSINESS article 5. Records suggest the certification eligibility audit services for limited liability companies, partnerships and private enterprises 1. Application certification eligibility audit services business (according to the form prescribed in annex I).
2. A copy of the business registration certificate or a certificate of registration or certificate of investment.
3. The list of Auditors practicing labor contract to do the whole time in the enterprise (in the form prescribed in annex III).
4. A copy of the registration certificate of practice of Auditors audit practice.
5. A copy of the decision of the Board members about the appointment of Director (General Manager) for limited companies, partnerships.
6. A copy of the company Charter.
7. List of organizations and individuals raising capital, Partnership members list (in the form prescribed in annex IV), which must contain the following: a) the full name, permanent address, nationality; Number and date of issue, where the granting of identity card or passport or other legal personal certificate for individuals; And on the certification audit registration (for individuals is the auditor of practice);
b) your name, address, number and based on the decision establishing (or business) for the Organization; Full name, permanent address, nationality, the number and date of issue, where the granting of identity card, or passport or other legal personal certificate; Number and date of registration certification audit practice for individuals was sent as the representative of shares held;
c) Of capital according to the register, the value of which has been contributed, ownership, capital contribution deadlines.
8. Certificate of capital for limited companies, namely: a) for the new established businesses must have:-a capital contribution of the founders;
-The case of the capital to be contributed by the money they must have written confirmation of the commercial banks are allowed to operate in Vietnam on the amount deposited by the founding members. The minimum deposit amount must equal the amount of capital contributed by the money of the founders and only be disbursed after the enterprise was granted the certificate of eligibility audit services business;
-The case of the capital contributed by the property must have the certificate of organization with functional valuation is active in Vietnam about asset valuation results are put into the building. Certificates must be valid until the submission of the certification proposal eligibility audit services business.
b) for active business must have written confirmation of other independent audit businesses about the level of existing capital owned by enterprises that are recorded in the financial statements of the enterprise at the time the closest (in registered or in the adjacent registration years before).
Article 6. Records suggest the certification eligibility audit services business for audit business branch in Vietnam 1. Application certification eligibility audit services business (according to the form prescribed in annex II).
2. Copy the license provides audit services to audit their business abroad (or equivalent text) in accordance with the laws of the country in which the foreign audit business is headquartered.
3. Copy license branch audit foreign businesses in Vietnam by foreign audit business.
4. The text of the foreign audit business sent the Finance Ministry guarantees is responsible for all the obligations and commitments of branch audit business in Vietnam.
5. The list of Auditors practicing labor contract to do the whole time in the audit business branch in Vietnam.
6. A copy of the registration certificate of practice of Auditors audit practice.
7. The decision of the foreign audit business about the appointment of Director (General Manager) branch.
8. Certificate of audit independent businesses about the level of capital we have owned by foreign audit business are recorded in the financial statements of the enterprise at the time the closest (in registered or in the adjacent registration years before).
9. Documents regarding the audit business for financing foreign affiliates foreign auditing business in Vietnam.
Article 7. The sequences, procedures, level back, adjust the certificate of eligibility audit services business 1. The organization recommended level, level back, adjust the certificate of eligibility audit services business posted a set of records according to the provisions of this circular to the Ministry of finance.
2. In the time prescribed in clause 1 Article 23, paragraph 3 of the article 24 of law independent audits, counting from the day of receiving the profile, if there is no additional requirements or the Ministry of finance to grant review, again, adjust the certificate of eligibility audit services business; The case denied the Finance Ministry must reply in writing and stating the reason.
3. Case profile suggested, again, adjust the certificate of eligibility audit services business is not yet valid, then during 10 working days from the date of receiving the record, the Ministry of Finance notifies the organization recommended level, level back, adjust the certificate of eligibility audit services business to complete the profile.
4. Upon receipt of the written request, complete a profile, the organization recommended level, level back, adjust the certificate of eligibility audit services are added, modified by notice and sent to the Ministry of finance. After 10 working days from the date of receiving the additional profile, modify, if the Finance Ministry does not have the required text amendments and supplements shall consider, again, adjust the certificate of eligibility audit services business within the time prescribed in clause 1 Article 23, paragraph 3 article 24 independent audit Law.
5. in case of the recommended level, organization level, adjust the certificate of eligibility audit services business has complemented, modified the profile but not the right to require, the Ministry of finance will inform the organization recommended level, level back, adjust the certificate of eligibility audit services business to keep complete records as defined in paragraph 3 , Paragraph 4 of this Article.
Article 8. The content of certificates of eligibility audit services business 1. Certificate of eligibility audit services business includes the following information: a) to audit the business name; Audit business name in a foreign language (if available); Short name (if available); Head Office address;
b) full name of the legal representative and the full name of the Director (ceo) of the business audit (if not the legal representative);
c) and on the certification of eligibility audit services business;

d) Number, date of issue and the name of the certification authority business registration or certificate of registration of business or investment certificates;
DD) the terms and conditions of business audit must comply with when using the certificate of eligibility audit services business.
2. qualified Certificate Template business audit services specified in annex V to this circular.
Article 9. Adjust the certificate of eligibility audit services business 1. The business audit is the recommended procedure to adjust the certificate of eligibility audit services business when there is a change of the content of certificates of eligibility audit services business prescribed in clause 1 article 8 of this circular.
2. The records suggest adjusting the business certificate audit services include: a) petition to adjust the certificate of eligibility audit services business (according to the model specified in annex VI);
b) the original certificate of eligibility audit services business has been granted the most recent times;
c) report describes in detail the recommended content and documents related to the adjustment information.
Article 10. Re-issuance of certificates of eligibility audit services business 1. Audit business was granted the certificate of eligibility audit services business recommended level again in the following cases: a) the certificate of eligibility audit services business lost or damaged;
b) divided, split, merger, consolidation, change of ownership form.
2. Businesses must audit procedures recommend reissuing the certificate of eligibility audit services business within 20 days from the date the certificate is lost or damaged or completed the split, merger, split, merge, convert forms of ownership.
3. recommended records reissued certificate of eligibility audit services for cases of missing or damaged, including: a) petition reissued certificate of eligibility audit services business (according to the form prescribed in annex VII);
b) the original certificate of eligibility audit services business has been granted, except in the case of missing;
c) other relevant documents.
4. recommended records reissued certificate of eligibility audit services business for the Division, split, merge, merging, transformation of ownership made under the provisions of article 5, article 6 of this circular.
Article 11. Filing fees 1. The organization recommended level, level back, adjust the certificate of eligibility audit services fees upon submission of the certification proposal eligibility audit services business.
2. The level of fees, the management and use of the fee levels, level back, adjust the certificate of eligibility audit services business is done according to the regulations of the Ministry of finance.
Article 12. Suspension of business audit services 1. The business audit is suspended when the audit services business in one of the cases specified in clause 1 article 27 law of independent audits.
2. the audit business suspended the audit services business must stop the business audit services since May has decided to suspend.
3. The Ministry of Finance announced the decision to suspend the audit services business on electronic information page of the Ministry of Finance within 7 (seven) days from the date a decision is suspended.
Article 13. Revocation of the certificate of eligibility audit services business 1. The business audit is revoked the certificate of eligibility audit services business when in one of the cases specified in clause 2 article 27 law of independent audits.
2. the audit business revoked the certificate of eligibility audit services business must terminate the business audit services since have decided to withdraw.
3. The Ministry of Finance announced the decision to revoke the certificates of eligibility audit services business on electronic information page of the Ministry of Finance within 7 (seven) days from the date the revocation decision.
4. the audit business must submit pay certificate of eligibility audit services for the Ministry of Finance within 10 days from the date a decision is revoked.
Article 14. Suspension of business audit services 1. Audit business want to suspend the audit services business must send notification of suspension of business audit services (according to the form prescribed in annex XI) to the Finance Ministry at least 15 days before the date of intended to suspend business.
2. list the audit business suspension of business audit services are publicly available on the website of the Ministry of finance.
3. When the operation back, the business audit to ensure the conditions prescribed by the law and must be notified in writing to the Ministry of finance is at the latest 10 days before the date back.
Article 15. Termination of the business audit services 1. Audit business intended to terminate the business audit services must submit 1 record suggested terminating the business audit services to the Ministry of finance.
2. The records suggest that the termination of the business audit services include: a) petition to terminate the business audit services;
b) report on the audit of the contract and the contract to provide the other services specified in point b of paragraph 1 Article 40 of law independent audit is not yet complete;
c) measures and guaranteeing the legitimate rights and interests of clients and stakeholders;
d) methods and measures for processing the contract audit and other services not yet completed (if any).
3. the audit business are responsible for informing the customer (audited) and relevant parties, published in the mass media about the termination of business audit services for at least 30 days before the termination of the official audit services business.
4. notice of termination of business audit services mentioned in paragraph 1 of this article must include the following information: a) the start time to terminate the business audit services, the reason for the termination of the business audit services;
b) measures and guaranteeing the legitimate rights and interests of clients and stakeholders.
Article 16. Audit business branch 1. Branch of the business to business only audit the audit service when eligible prescribed in article 31 of the law on auditing.
2. Business registration audit for business branch audit services send 1 to the Finance Ministry. The records include: a) the business registration form for audit services branch audit business (according to the form prescribed in annex VIII);
b) copy of certificate of registration of the branch business registration agency;
c) a copy of the registration certificate of practice of Auditors audit of practice work in the branch;
d) appointed Director of the branch.
3. within 30 days of receiving a valid profile, the Finance Ministry has answered about the text approved for each branch. The case is not approved, the Finance Ministry must clearly state the reason.
4. Branch of the business audit does not guarantee the conditions specified in article 31 of the law on independent audit after three consecutive months then suspended the audit services business.
5. the audit business case suspended the audit services business, the branch of the business that audit also suspended the audit services business.
6. Branch suspended the audit services business must terminate the business audit services since May has decided to suspend.
Article 17. The responsibility of the business audit 1. Maintain and ensure the conditions for certification are qualified to audit services for the duration of the operation.
2. Do not repair, erased the contents stated in the certificate of eligibility audit services business.
3. Does not rent, lend, pledge, purchase, sale, transfer of certificate of eligibility audit services business.
4. Ministry of finance reports within 10 days of being lost, damaged certificate of eligibility audit services business.
5. The notice in writing (attached documents) for the Ministry of Finance within 10 days from the date of the change of the content of the provisions of article 26 of the law on auditing.
6. Subject to check, inspect and accept the decision of processing competent State bodies on ensuring the conditions for auditing services and the use of certificate of eligibility audit services business.
7. Periodically every year before 31/10, or when required, audit businesses to report the situation to maintain the business conditions for auditing services (according to the form prescribed in annex IX) for Finance Ministry accompanied by the documents specified in article 5, article 6 of this circular has changed compared with the times filed.
8. Every year, the auditing business is responsible for promptly reporting years (according to the form prescribed in annex X) and the financial report of the previous year for the adjacent. The time limit for submitting the report on the situation in the slowest was on 10/4 years later. The time limit for submitting the financial report at the latest within 90 days of the end of the financial year.
Article 18. Public information about the business audit 1. The Finance Ministry publicly on electronic information page of the Ministry of Finance: a) list of businesses qualified audit provides audit services;
b) list the business audit, the audit of the enterprise branch suspended the audit service businesses, revoked the certificate of eligibility audit services business or being warned about business conditions in the time of the audit business, branch of the auditing business does not guarantee conditions accounting service activities according to regulations;
c) list the audit business suspension of business audit services, terminated the business audit services.

2. within 30 days from the date of certification of eligibility audit services, audit business to publish the content of the certificate of eligibility audit services stipulated in points a, b, c paragraph 1 article 8 circular this on one of the papers written or electronic notice in 3 consecutive numbers.
Chapter III the TERMS of the IMPLEMENTATION of article 19. Effect 1. This circular has effect from January 1, 2013.
2. During the implementation process, if there are difficulties and obstacles, the proposal reflects the units in time to finance the study modified, supplemented as appropriate./.