Legal status
LEGAL STATUS
The legal status of the SAV is prescribed in Article 118 of the Constitution of the Socialist Republic of Viet Nam:
"1. The State Audit Office shall be the agency established by the National Assembly, operate independently and abide only by the law, and audit the management and use of public finance and assets;
2. The Auditor General is the head of the State Audit Office and shall be elected by the National Assembly. The tenure of the Auditor General shall be prescribed by the law. The Auditor General shall be responsible, and report on his or her work to the National Assembly. When the National Assembly is not in its meeting sessions, he or she shall be responsible for, and report on his or her work to the Standing Committee of the National Assembly;
3. The organization and specific tasks and powers of the State Audit Office of Viet Nam shall be prescribed by the law."
The operating principles, functions, audit subject matters, audited entities, etc. of the State Audit Office of Viet Nam are specified in the 2015 State Audit Law and the 2019 Law on amending and supplementing a number of articles of the State Audit Law
OPERATING PRINCIPLES
1. Independence and compliance only with the law.
2. Honesty, objectivity, publicity and transparency.
FUNCTION
The SAV is assigned with the function of making assessments, verifications, conclusions and recommendations on the management and use of public finance and assets.
AUDIT OBJECTIVES
The audit objectives of the SAV are the management and use of public finance and assets, and the activities of audited entities related to the management and use of public finance and assets.
AUDITED ENTITIES
1. Ministries, ministerial-level agencies, governmental agencies and other State bodies at the central level.
2. Agencies that are assigned to collect and expend the State budget at all levels.
3. People's Councils and People's Committees at all levels and other State bodies at local level.
4. Entities under the People's Armed Forces.
5. Agencies that are managing, using the national reserves and the non-State budget funds.
6. Political, socio-political, professional socio-political organizations that are using the State budget.
7. Public service delivery entities.
8. Organisations that are managing the national assets.
9. Investment project management units that have their capital funded by or derived from the State budget.
10. Enterprises of which over 50% of the charter capital is owned by the State. For such enterprises with the charter capital held by the State at 50% or less thereof, the Auditor General shall decide on the audit objectives, criteria, subjects and approach at his/her own discretion, as appropriate.
11. Entities that are subsidized by the State or have their public debt guaranteed by the State, but not those who manage and use the State budget and assets. These entities may hire audit firms to audit their operation; the audit firms shall conduct such audits in accordance with the SAV's audit standards and procedures, and submit audit reports thereon to the SAV.
12. Agencies that are assigned to manage and use public debts.
DUTIES AND POWERS
Duties of SAV
1. Decide on its annual audit plans and report thereon to the National Assembly before implementation.
2. Execute the annual audit plans and to perform audit tasks as requested by the National Assembly, the National Assembly Standing Committee, the State President, the Government and the Prime Minister.
3. Consider and decide to conduct the audits at the request of the Council of Ethnic Groups, Committees of the National Assembly, National Assembly Delegations, Standing Committees of the People's Councils, the People's Committees of centrally-managed cities and provinces, and other agencies and organizations which are not included in the SAV’s annual audit plans.
4. Present its opinions to the National Assembly for its consideration and decision on the State budget estimates, allocation of the central budget, investment policies in national target programs, nationally significant projects, and approval of the State budget final accounts.
5. Collaborate with the organs of the National Assembly and the Government in considering and reviewing the State budget estimates, proposals on the allocation of the central government budget, adjustment of the State budget estimates, proposals on funding for the national target programs and nationally significant projects decided by the National Assembly and the State budget final accounts.
6. Collaborate with the organs of the National Assembly in monitoring the implementation of laws and resolutions promulgated by the National Assembly, and Ordinances and Resolutions by the National Assembly Standing Committee related to the national finance and budget, and in monitoring the implementation of the State budget and financial policies upon request.
7. Collaborate with the organs of the National Assembly and the Government, and other competent authorities in proposing bill and ordinance projects at the request in drafting and reviewing law and ordinance projects.
8. Report annual audit result summaries and results of implementation of audit conclusions and recommendations to the National Assembly and the National Assembly Standing Committee; send consolidated reports on annual audit results and implementation results of audit conclusions and recommendations to the State President, the Government, the Prime Minister, the Council of Ethnic Groups, and the Committees of the National Assembly; provide audit results to the Ministry of Finance, the National Assembly Delegations, People's Councils, People's Committees at the localities under the respective audits, and to other agencies as prescribed by the law.
9. Provide clarifications on its audit results to the National Assembly and the agencies of the National Assembly in accordance with the law.
10. Disclose publicly audit reports, consolidated reports on annual audit results, and reports on the implementation of audit conclusions and recommendations in accordance with Article 50 and Article 51 of the State Audit Law and other relevant law provisions.
11. Follow up and check the implementation of its audit conclusions and recommendations.
12. Transfer documentations related to the audited cases/ organisations/individuals which show signs of violation through the audits to investigation agencies, the People's Procuracies and other competent bodies of the State for further inspection.
13. Manage audit records, and secure confidentiality of accounting documents, data and information on operation of the audited entities in accordance with the applicable laws.
14. Perform international cooperation activities in the field of the State auditing.
15. Organize and manage scientific researches, human resources training, fostering and development.
16. Organize examinations to award, revoke and manage State auditor certificates.
17. Organize communication and training activities on the State audit legislations.
18. Develop and submit Development Strategies of the SAV to the National Assembly Standing Committee for promulgation.
19. Perform other duties as prescribed by the law.
Powers of the SAV
1. Propose bills, ordinance projects and draft resolutions to the National Assembly and the National Assembly Standing Committee as prescribed by the law.
2. Request audited entities, the relevant organizations and individuals to promptly provide accurate and truthful information and documents necessary for audit work.
2a. Check and collate the auditees’ contents directly related to the audit subject matter and scope at the agencies, organizations and individuals related to audit activities.
3. Request audited entities to implement its audit conclusions and recommendations involving in irregularities in their financial statements and their breaches of law; recommend measures for addressing weaknesses in operation of the audited entities detected by the SAV.
4. Recommend competent State organs and individuals to request audited entities to adequately and promptly implement audit conclusions and recommendations on irregularities in financial statements and other legal non-compliance; request legal actions against audited entities for their failure to implement or their inadequate and untimely implementation of audit conclusions and recommendations given by the SAV.
5. Recommend competent State organs and individuals for legal actions against breaches of law committed by organisations and individuals which explicitly highlighted through audit activities.
6. Request competent organs and individuals to act, within their competence and power, against the organisations and individuals whose actions impede the SAV’s audit activities or who provide distorted, untruthful information and documents to the SAV and the State auditors.
6a. Execute sanctions for administrative violations in the field of state audit in accordance with the provisions of the Law on Handling of Administrative Violations.
7. Request for professional appraisals where necessary.
8. Be authorized to or hire audit firms to carry out audits of organs, organizations who are using and managing public finance and assets; the SAV shall be responsible for the truthfulness of data, documents, audit conclusions and recommendations issued by such audit firms.
9. Make recommendations to the National Assembly, the National Assembly Standing Committee, the Government, the Prime Minister and other State agencies with regard to amending and supplementing mechanisms, policies and laws.
The legal status of the SAV is prescribed in Article 118 of the Constitution of the Socialist Republic of Viet Nam:
"1. The State Audit Office shall be the agency established by the National Assembly, operate independently and abide only by the law, and audit the management and use of public finance and assets;
2. The Auditor General is the head of the State Audit Office and shall be elected by the National Assembly. The tenure of the Auditor General shall be prescribed by the law. The Auditor General shall be responsible, and report on his or her work to the National Assembly. When the National Assembly is not in its meeting sessions, he or she shall be responsible for, and report on his or her work to the Standing Committee of the National Assembly;
3. The organization and specific tasks and powers of the State Audit Office of Viet Nam shall be prescribed by the law."
The operating principles, functions, audit subject matters, audited entities, etc. of the State Audit Office of Viet Nam are specified in the 2015 State Audit Law and the 2019 Law on amending and supplementing a number of articles of the State Audit Law
OPERATING PRINCIPLES
1. Independence and compliance only with the law.
2. Honesty, objectivity, publicity and transparency.
FUNCTION
The SAV is assigned with the function of making assessments, verifications, conclusions and recommendations on the management and use of public finance and assets.
AUDIT OBJECTIVES
The audit objectives of the SAV are the management and use of public finance and assets, and the activities of audited entities related to the management and use of public finance and assets.
AUDITED ENTITIES
1. Ministries, ministerial-level agencies, governmental agencies and other State bodies at the central level.
2. Agencies that are assigned to collect and expend the State budget at all levels.
3. People's Councils and People's Committees at all levels and other State bodies at local level.
4. Entities under the People's Armed Forces.
5. Agencies that are managing, using the national reserves and the non-State budget funds.
6. Political, socio-political, professional socio-political organizations that are using the State budget.
7. Public service delivery entities.
8. Organisations that are managing the national assets.
9. Investment project management units that have their capital funded by or derived from the State budget.
10. Enterprises of which over 50% of the charter capital is owned by the State. For such enterprises with the charter capital held by the State at 50% or less thereof, the Auditor General shall decide on the audit objectives, criteria, subjects and approach at his/her own discretion, as appropriate.
11. Entities that are subsidized by the State or have their public debt guaranteed by the State, but not those who manage and use the State budget and assets. These entities may hire audit firms to audit their operation; the audit firms shall conduct such audits in accordance with the SAV's audit standards and procedures, and submit audit reports thereon to the SAV.
12. Agencies that are assigned to manage and use public debts.
DUTIES AND POWERS
Duties of SAV
1. Decide on its annual audit plans and report thereon to the National Assembly before implementation.
2. Execute the annual audit plans and to perform audit tasks as requested by the National Assembly, the National Assembly Standing Committee, the State President, the Government and the Prime Minister.
3. Consider and decide to conduct the audits at the request of the Council of Ethnic Groups, Committees of the National Assembly, National Assembly Delegations, Standing Committees of the People's Councils, the People's Committees of centrally-managed cities and provinces, and other agencies and organizations which are not included in the SAV’s annual audit plans.
4. Present its opinions to the National Assembly for its consideration and decision on the State budget estimates, allocation of the central budget, investment policies in national target programs, nationally significant projects, and approval of the State budget final accounts.
5. Collaborate with the organs of the National Assembly and the Government in considering and reviewing the State budget estimates, proposals on the allocation of the central government budget, adjustment of the State budget estimates, proposals on funding for the national target programs and nationally significant projects decided by the National Assembly and the State budget final accounts.
6. Collaborate with the organs of the National Assembly in monitoring the implementation of laws and resolutions promulgated by the National Assembly, and Ordinances and Resolutions by the National Assembly Standing Committee related to the national finance and budget, and in monitoring the implementation of the State budget and financial policies upon request.
7. Collaborate with the organs of the National Assembly and the Government, and other competent authorities in proposing bill and ordinance projects at the request in drafting and reviewing law and ordinance projects.
8. Report annual audit result summaries and results of implementation of audit conclusions and recommendations to the National Assembly and the National Assembly Standing Committee; send consolidated reports on annual audit results and implementation results of audit conclusions and recommendations to the State President, the Government, the Prime Minister, the Council of Ethnic Groups, and the Committees of the National Assembly; provide audit results to the Ministry of Finance, the National Assembly Delegations, People's Councils, People's Committees at the localities under the respective audits, and to other agencies as prescribed by the law.
9. Provide clarifications on its audit results to the National Assembly and the agencies of the National Assembly in accordance with the law.
10. Disclose publicly audit reports, consolidated reports on annual audit results, and reports on the implementation of audit conclusions and recommendations in accordance with Article 50 and Article 51 of the State Audit Law and other relevant law provisions.
11. Follow up and check the implementation of its audit conclusions and recommendations.
12. Transfer documentations related to the audited cases/ organisations/individuals which show signs of violation through the audits to investigation agencies, the People's Procuracies and other competent bodies of the State for further inspection.
13. Manage audit records, and secure confidentiality of accounting documents, data and information on operation of the audited entities in accordance with the applicable laws.
14. Perform international cooperation activities in the field of the State auditing.
15. Organize and manage scientific researches, human resources training, fostering and development.
16. Organize examinations to award, revoke and manage State auditor certificates.
17. Organize communication and training activities on the State audit legislations.
18. Develop and submit Development Strategies of the SAV to the National Assembly Standing Committee for promulgation.
19. Perform other duties as prescribed by the law.
Powers of the SAV
1. Propose bills, ordinance projects and draft resolutions to the National Assembly and the National Assembly Standing Committee as prescribed by the law.
2. Request audited entities, the relevant organizations and individuals to promptly provide accurate and truthful information and documents necessary for audit work.
2a. Check and collate the auditees’ contents directly related to the audit subject matter and scope at the agencies, organizations and individuals related to audit activities.
3. Request audited entities to implement its audit conclusions and recommendations involving in irregularities in their financial statements and their breaches of law; recommend measures for addressing weaknesses in operation of the audited entities detected by the SAV.
4. Recommend competent State organs and individuals to request audited entities to adequately and promptly implement audit conclusions and recommendations on irregularities in financial statements and other legal non-compliance; request legal actions against audited entities for their failure to implement or their inadequate and untimely implementation of audit conclusions and recommendations given by the SAV.
5. Recommend competent State organs and individuals for legal actions against breaches of law committed by organisations and individuals which explicitly highlighted through audit activities.
6. Request competent organs and individuals to act, within their competence and power, against the organisations and individuals whose actions impede the SAV’s audit activities or who provide distorted, untruthful information and documents to the SAV and the State auditors.
6a. Execute sanctions for administrative violations in the field of state audit in accordance with the provisions of the Law on Handling of Administrative Violations.
7. Request for professional appraisals where necessary.
8. Be authorized to or hire audit firms to carry out audits of organs, organizations who are using and managing public finance and assets; the SAV shall be responsible for the truthfulness of data, documents, audit conclusions and recommendations issued by such audit firms.
9. Make recommendations to the National Assembly, the National Assembly Standing Committee, the Government, the Prime Minister and other State agencies with regard to amending and supplementing mechanisms, policies and laws.