Bản dịch văn bản 47/2005/QĐ-BTC
quyet-dinh-47-2005-qd-btc
Cơ quan ban hành: Bộ Tài chính
Ngày ban hành: 2005-07-14

DECISION On transferring some tasks of managing accounting and auditing practice to Professional Associations THE MINISTER OF FINANCE Pursuant to the Government's Decree No. 129/2004/ND-CP of May 31, 2004, detailing and guiding the implementation of a number of articles of the Accounting Law applicable to business activities; Pursuant to the Government's Decree No. 105/2004/ND-CP of March 30, 2004, on independent audit; Pursuant to the Government's Decree No. 77/2003/ND-CP of July 1, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Finance; At the proposals of the director of the Department for Accounting and Auditing Regulations, the president of the Vietnam Accounting and Audit Association (VAA), the president of the Vietnam Association of Certified Public Accountants (VACPA), the director of the Organization and Personnel Department, and the director of the Finance Ministry's Office, DECIDES: Article 1.- Contents of transferred tasks To assign the accounting and auditing professional associations to manage accounting and auditing practice by individuals and organizations providing accounting and auditing services, specifically: 1. To assign the Vietnam Accounting and Audit Association (VAA): a/ To organize professional training in accounting for accountants and accounting practitioners; b/ To uniformly manage the list of accounting practitioners and the list of accounting service enterprises according to the provisions of law; c/ To inspect the observance of accounting law and the quality of services provided by accounting service enterprises and accounting practitioners; d/ To train and grant chief accountant-training certificates to chief accountants of enterprises and state accounting units; e/ To appoint its professional officials to join the national accounting council as well as accounting standard- or audit standard-drafting boards and to take part in the formulation of accounting regulations at the requests of the Ministry of Finance; f/ Other specific tasks: To appoint its representatives to join the State-level council for examination and recruitment of practicing accountants; and to take part in organizing examinations for recruitment of accountants, such as issuing dossiers made in a form stipulated by the examination council, organizing pre-exam professional review. 2. To assign the Vietnam Association of Certified Public Accountants (VACPA): a/ To organize professional training in accounting and auditing for auditors and audit practitioners. To organize annual refresher courses for audit practitioners according to the provisions of law; b/ To uniformly manage the list of audit practitioners and the list of auditing enterprises according to the provisions of law; c/ To assess conditions and publicize the list of auditors and the list of auditing enterprises eligible for practicing the profession according to the provisions of law; d/ To inspect the observation of accounting and audit law and the quality of services provided by auditing enterprises. To report on any breaches of law to competent State agencies for handling. Annually, to review, evaluate and report on auditors' and auditing enterprises' service quality and professional practice to the Ministry of Finance; e/ Other specific tasks: To assign its representatives to join the State-level council for examination and recruitment of audit practitioners; to take part in organizing examinations for recruitment of auditors, issuing examination dossiers made in a form set by the examination council, and organizing pre-exam professional review. Article 2.- Transfer conditions 1. The professional associations must supplement their operational charters, consolidate their organizational apparatuses and ensure conditions for the operation of self-managed and independent professional organizations. 2. Cadres of the associations must possess professional qualifications, have auditor's certificates, accounting practice certificates or certificates of membership of international accounting or auditing associations accredited by the Ministry of Finance; and have experience in accounting or auditing services. 3. The Ministry of Finance shall provide partial support in the terms of funds, material foundations and working facilities according to the Prime Minister's Decision No. 21/2003/QD-TTg of January 29, 2003 on professional associations involved in State management functions. 4. The Ministry of Finance shall inspect and supervise the performance of tasks assigned to the VAA and the VACPA. Article 3.- Transfer roadmap The transfer shall be carried out according to the following roadmap: 1. In 2005-2006: The transitional period - The VAA shall perform assigned tasks such as organizing professional training in accounting for accountants and accounting practitioners; organizing training and grant of chief accountant-training certificates; organizing pre-exam review courses and issuing examination dossiers made in a form stipulated by the Ministry of Finance; - The VAA or the VACPA shall appoint representatives to join the examination council; - The VACPA shall coordinate with the Department for Accounting and Audit Regulations (the Ministry of Finance) in organizing professional training and refresher courses for auditors; manage the list of audit practitioners and list of auditing enterprises; publicize the list of auditors and the list of auditing enterprises; and participate in the inspection of the observance of law and the quality of services 2. From 2007 on, all tasks defined in Article 1 of this Decision shall be transferred to the professional associations. 3. From 2008 on, the professional associations shall coordinate with the Ministry of Finance in organizing recruitment examinations and jointly sign auditor's certificates and accounting practice certificates. Article 4.- Rights and responsibilities of the professional associations 1. The Vietnam Accounting and Audit Association and the Vietnam Association of Certified Public Accountants shall have the right to organize the performance of tasks assigned to them and have other rights as provided for by law. 2. The Vietnam Accounting and Audit Association and the Vietnam Association of Certified Public Accountants shall have the responsibilities: - To organize the performance of tasks assigned to them under this Decision and the provisions of law; - Annually, to report to the Ministry of Finance on accounting and auditing services and on the management of accounting and auditing practice assigned in Article 1 of this Decision. Article 5.- Rights and responsibilities of auditors as well as accounting and auditing enterprises 1. Auditors as well as accounting and auditing enterprises may request the VAA or the VACPA to support their professional development and report to the Ministry of Finance if deeming that the VAA or the VACPA fails to well support their professional development. 2. Accounting practitioners, auditors as well as accounting and auditing enterprises shall have to strictly abide by the provisions of law, this Decision and the guidance of the accounting and auditing professional associations. Article 6.- Organization of implementation 1. The director of the Department for Accounting and Audit Regulations is assigned to coordinate with concerned units in organizing the transfer according to the roadmap defined in Article 3, guiding, inspecting, coordinating with, and creating conditions for, the accounting and audit professional associations to undertake and discharge the tasks assigned to them. 2. This Decision takes effect 15 days after its publication in "CONG BAO." The director of the Department for Accounting and Audit Regulations, the director of the Organization and Personnel Department, the director of the Department for Administration and Finance, the director of the Finance Ministry's Office, the president of the Vietnam Accounting and Audit Association, the president of the Vietnam Association of Certified Public Accountants, and the heads of relevant units under the Finance Ministry shall have to implement this Decision. For the Minister of Finance Vice Minister TRAN VAN TA