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| Category | FINANCE | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1994-08-31 | Effective Date | 1995-01-01 |
|
Audit Law of the People's Republic of China |
|---|
Chapter I General Provisions
Chapter II Audit Institutions and Auditors
Chapter III Functions and Responsibilities of Audit Institutions
Chapter IV Limits of Authority of Audit Institutions
Chapter V Audit Procedures
Chapter VI Legal Liability
Chapter VII Supplementary Provisions Article 1 This Law is formulated in accordance with the Constitution, Article 2 The State shall practise a system of supervision through Budgetary revenues and expenditures of various departments of the State Audit institutions shall, according to law, supervise through auditing Article 3 Audit institutions shall conduct supervision through auditing Article 4 The State Council and the local people's governments at or Article 5 Audit institutions shall independently exercise their power of Article 6 Audit institutions and auditors shall, in handling audit Article 7 The State Council shall establish the National Audit Article 8 Audit institutions of the people's governments of provinces, Article 9 Local audit institutions at various levels shall be Article 10 Audit institutions may, as required by work, appoint resident Resident audit officers shall, according to the authorization of audit Article 11 Funds necessary for audit institutions to perform their Article 12 Auditors shall possess the professional knowledge and ability Article l3 In handling audit matters, if auditors have an interest in Article 14 Auditors shall have the obligation to guard State secrets and Article 15 Auditors shall be protected by law in performing their No organization or individual may refuse or obstruct auditors' Persons in charge of audit institutions shall be appointed or removed in Article 16 Audit institutions shall exercise supervision through Article 17 The National Audit Administration shall, under the leadership Local audit institutions at various levels shall, under the respective Article 18 The National Audit Administration shall exercise supervision Audit institutions shall exercise supervision through auditing over the Article 19 Audit institutions shall exercise supervision through Article 20 Audit institutions shall exercise supervision through Article 2l Audit institutions shall conduct audit in a regular and Article 22 Supervision through auditing over the entcrprises wieh Ardcle 23 Audit institutions shall exercise supervision through auditing Article 24 Audic institutions shall exercise supervision through Article 25 Audit institutions shall exercise supervision through Article 26 In addition to the audit matters specified in this Law, audit Article 27 With regard to particular matters relating to the State's Article 28 Audit institutions shall determine their audit jurisdiction Where a dispute arises on audit jurisdiction between audit institutions, Audit institutions at higher levels may authorize audit institutions at Article 29 Departments of the State Council and of the local people's Article 30 Public audit firms that independently conduct public audit Article 31 Audit institutions shall have the power to require auditees Article 32 Audit institutions shall, in conducting audit, have the power Article 33 Audit institutions shall, in conducting audit, have the power Article 34 When audit iastitutions conduct audit, the auditees shall not Audit institutions shall have the power to stop the auditees' ongoin acts Article 35 If audit institutions consider that the regulations of the Article 36 Audit institutions may issue circulars about their audit Audit institutions shall, in circulating or publishing audit results, Article 37 Audit institutions shall form audit teams according to the The auditees shall cooperate with audit institutions in their work and Article 38 Auditors shall conduct audit and obtain testimonial material Auditors shall, in making investigations among units and individuals Article 39 Audit teams shall, after the performance of audit, submit Article 40 Audit institutions shall, after examining the audit reports, Audit institutions shall, within 30 days from the date of receiving the Audit decisions shall enter into force from the date when they are duly Article 41 If an auditee, in violation of this Law, refuses or delays Article 42 When an audit institution discovers that an auditee, in If an auditee commits any of the acts specified in the preceding Article 43 If an auditee, in violation of this Law, transfers or If an auditee commits any of the acts specified in the preceding Article 44 With respect to the acts violating the budgets or other acts Article 45 With respect to the acts of financial revenues and Article 46 With respect to the persons in charge and other persons who Article 47 If an auditee violates the provisions of relevant laws or Article 48 Where anyone retaliates or makes a false charge against Article 49 Where an auditor abuses his functions and powers, engages in Article 50 Audit regulations for the Chinese People's Liberation Army Article 51 This Law shall enter into force as of January 1, 1995.
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Chapter I General Provisions
with a view to strengthening the State supervision through auditing,
maintaining the financial and economic order of the country, promoting the
building of a clean government and ensuring the sound development of the
national economy.
auditing. The State Council and the local people's governments at or above
the county level shall establish audit institutions.
Council, of the local people's governments at various levels and their
departments, financial revenues and expenditures of State-owned monetary
organizations, enterprises and institutions, as well as other budgetary
revenues and expenbditures and financial revenues and expenditures subject
to auditing according to this Law, shall be supervised through auditing in
accordance with the provisions of this Law.
the authenticity, legality and beneficial results of the budgetary revenues
and expenditures or financial revenues and expenditures specified in the
preceding paragraph.
in accordance with the functions and powers, as well as procedures prescribed
by law.
above the county level shall annually present to the standing committees of
the people's congresses at the corresponding levels the audit reports
prepared by audit institutions on budget implementation and other budgetary
revenues and expenditures.
supervision through auditing in accordance with the law, and be free from
interference by any administrative organ, public organization or individual.
matters, be objective and fair, practical and realistic, clean and honest,
and keep Secrets.
Chapter II Audit Institutions and Auditors
Administration to take charge of the audit work throughout the country
under the leadership of the Premier of the State Council. The Auditor-General
shall be the administrative leader of the National Audit Administration.
autonomous regions, municipalities directly under the Central Government,
cities divided into districts, autonomous prefectures, counties, autonomous
counties, cities not divided into districts and municipal districts shall be
in charge of the audit work within their respective administrative areas
under the respective leadership of governors of provinces, chairmen of
autonomous regions, mayors, prefectural heads, or heads of counties and
districts as well as under the leadership of audit institutions at the next
higher levels.
responsible and report on their work to the people's governments at the
corresponding levels and to the audit institutions at the next higher levels,
and their audit work shall be directed chiefly by the audit institutions at
the next higher levels.
audit officers within areas under their jurisdiction.
institutions, conduct audit work in accordance with the law.
functions shall be included in the budgets of the governments and guaranteed
by the people's governments at the corresponding levels.
suitable to the audit work they engage in.
the auditees or the audit items, they shall withdraw.
the auditees' business secrets they have come to know in performing their
functions.
functions in accordance with the law.
performance of their functions in accordance with the law, or retaliate
against auditors.
accordance with legal procedures. None of them may be removed or replaced at
random unless they are found guilty of illegal acts, or negligent of duties
or no longer qualified for the post.
Chapter III Functions and Responsibilities of Audit Institutions
auditing over the budget implementation, final accounts and management and
use of extra-budgetary funds of departments (including units directly
subordinate to them) at the corresponding levels and of the people's
governments at lower levels.
of the Premier of the State Council, exercise supervision through auditing
over the implementation of the central budget and submit audit reports
thereon to the Premier.
leadership of the governors of provinces, chairmen of autonomous regions,
mayors, prefectural heads and heads of counties or districts as well as under
the leadership of audit institutions at the next higher levels, exercise
supervision through auditing over the budget implementation at the
corresponding levels and submit audit reports to the people's governments at
the corresponding levels and to the audit institutions at the next higher
levels.
through auditing over the financial revenues and expenditures of the Central
Bank.
assets, liabilities, profits and losses of the State-owned monetary
organizations.
auditing over the financial revenues and expenditures of State institutions.
auditing over the assets, liabilities, profits and losses of the State-owned
enterprises.
planned way with regard to the State-owned enterprises that are vital to the
national economy and the people's livelihood, or the State-owned enterprises
that heavily depend upon government subsidies, or have large amounts of
losses, and other State-owned enterprises designated by the State Council or
the people's governments at the corresponding levels.
State-owned assets controlling their shares or playing a leading role shall
be prescribed by the State Council.
over the budget implementation and final accounts of the State's construction
projects.
auditing over the financial revenues and expenditures of the social security
funds, funds from public donations and other relevant funds and capital
managed by governmental departmenes or by public organizations authorizcd by
the governments.
auditing over the financial revenues and expenditures of projects with aids
or loans provided by international organizations or governments of other
countries.
institutions shall, in accordance with the provisions of this Law as well as
relevant laws, or administrative rules and regulations, exercise supervision
through auditing over the matters that shall be audited by audit institutions
as stipulated by other laws, administrative rules and regulations.
budgetary revenues and expenditures, audit institutions shall have the power
to carry out special investigations through auditing among relevant
localities, departments and units and report the results there of to the
people's governments at the corresponding levels and to the audit
institutions at the next higher levels.
on the basis of the auditees' subordinate relations in budgetary and
financial affairs or the supervisory and managerial relations with respect to
the State-owned assets of the auditees.
the matter shall be determined by an audit institution superior to both
disputing parties.
lower levels to audit the matters which are within the jurisdiction of the
former and specified in paragraph 2 of Article 18 to Article 25 in this Law.
Audit institutions at higher levels may directly audit the major matters
under the jurisdiction of audit institutions at lower levels. However,
unnecessary repetitive audits shall be avoided.
governments at various levels, State-owned monetary organizations,
enterprises and institutions shall establish and improve their internal
auditing systems in accordance with the relevant regulations of the State.
Such internal auditing shall be subject to the professional guidance and
supervision of audit institutions.
according to law shall be guided, supervised and managed in accordance with
relevant laws and regulations of the State Council.
Chapter IV Limits of Authority of Audit Institutions
to submit, in accordance with the relevant regulations, their budgets or
plans for financial revenues and expenditures, statemen about budget
implementation, final accounts and financial reports, audit reports produced
by public audit firms and other information relating to their budgetary
revenues and expenditures or financial revenues and expenditures. Auditees
shall not refuse to do so, or delay the submission or make false reports.
to examine the accounting documents, account books, accounting statements and
other information and assets relating to budgetary revenues and expenditures
or financial revenues and expenditures of the auditees, and the auditees
shall not refuse such examination.
to carry out investigations among units or individuals concerned of issues
relating to audit matters and obtain relevant testimonial material. The units
and individuals concerned shall support and assist the audit institutions in
their work by providing them with truthful information and relevant
testimonial material.
transfer, conceal, falsify or destroy their accounting documents, account
books, accounting statements or other information relating to their budgetary
revenues and expenditures or financial revenues and expenditures, and shall
not transfer or conceal the assets that are in their possession but obtained
in violation of the regulations of the State.
of budgetary revenues and expenditures or financial revenues and expenditures
violating the regulations of the State. If they fail in stopping such acts,
they shall, with the approval of the responsiblc persons of audit
institutions at or above the county level, notify the financial departments
and the competent authorities to suspend allocation of the funds directly
related to the acts of budgetary revenues and expenditures or financial
revenues and expenditures violating the regulations of the Seate or to
suspend the use of the funds already allocated. However, adoption of the
above-mentioned measures shall not hinder the lawful business activities,
production and operation of the auditees.
competent departments at higher levels on budgetary revenues and expenditures
or financial revenues and expenditures implemented by the auditees contravene
the law or the administrative rules and regulations, they shall suggest that
the competent departments concerned make rectifications. If the competent
departments concerned do not make rectifications, the audit institutions
shall refer the matter to the competent organs for disposition according
to law.
results to the relevant governmental departments or publish such results to
the public.
keep State secrets and business secrets of the auditees in accordance with
the law and observe the relevant regulations of the State Council.
Chapter V Audit Procedures
audit matters specified in the plans of the audit projects and shall serve
advices of audit on the auditees three days prior to the performance of
audit.
provide necessary working conditions.
by means of examining accounting documents, account books, accounting
statements, and documents and data relating to the audit items, checking
cash, negotiable securities and other property, and making investigations
among units and individuals concerned.
concerned, produce their auditor's certificates and copies of advices of
audit.
audit reports to the audit institutions. However, prior to the submission,
they shall solicit opinions of the auditees. The auditees shall, within
ten days from the date of receiving the audit reports, send their comments
in writing to the audit teams or audit institutions.
give evaluaeions of the audit matters and issue auditor's opinions. They
shall, within the sphere of their statutory functions and powers, make audit
decisions on acts of budgetary revenues and expenditures or financial
revenues and expenditures violating the regulations of the State that must be
dealt with or punished according to law, or they shall make suggestions
concerning disposition or punishment to the competent authorities.
audit reports, serve auditor's opinions and audit decisions on the auditees
and units concerned.
served.
Chapter VI Legal liability
provision of information relating to audit matters, refuses or hinders
examination, the audit iastitution concerned shall order a rectification and
may circulate a notice of criticism and issue a warning. Whoever refuses to
make rectification shall be investigated for responsibility in accordance
with the law.
violation of the provisions of this Law, transfers, conceals, falsifies or
destroys accounting documents, account books, accounting statements or other
material relating to budgetary revenues and expenditures or financial
revenues and expenditures, the audit institution shall have the power to
stop such acts.
paragragh, and if the audit institution considers that the persons in charge
and other persons who are held directly responsible should be given
administrative sanctions according to law, the audit institution shall put
forward suggestions to this effect. The auditee or its superior organ or the
supervisory organ shall make decisions without delay in accordance with the
law. If the case coastitutes a crime, it shall be investigated for criminal
responsibility by the judicial organ according to law.
conceals assets gained unlawfully, the audit institution, the people's
government or the competent authorities shall have the power to stop such
acts within the sphere of its statutory functions and powers or appeal to the
court for adoption of preservative measures.
paragragh, and if the audit institution considers that the persons in charge
and other persons who are held directly responsible should be given
administrative sanctions according to law, the audit institution shall put
forward suggestions to this effect. The auditee or its superior organ or the
supervisory organ shall make a decision without delay in accordance with the
law. If the case constitutes a crime, it shall be investigated for criminal
responsibility by the judicial organ according to law.
of budgetary revenues and expenditures violating the regulations of the State
committed by departments (including units directly subordinate to them) at
the corresponding levels or by the governments at lower levels, audit
institutions, the people's governments or the competent authorities shall
deal with them within the sphere of their statutory functions and powers and
in accordance with the laws and administrative rules and regulations.
expenditures violating the regulations of the State committed by an auditee,
the audit institution, the people's government or the competent authorities
shall, within the sphere of its statutory functions and powers and in
accordance with the laws and administrative rules and regulations, order the
auditee to turn over within a time limit the part of the revenues that should
be turned over, to return within a time limit the income gained unlawfully or
the State-owned assets seized illegally or take other rectifying measures,
and may impose punishment on the auditee according to law.
are held directly responsible for the acts of budgetary revenues and
expenditures or financial revenues and expenditures committed by the auditee
in violation of the regulations of the State, if the audit institution
considers that they should be given administrative sanctions according to
law, the audit institution shall put forward suggestions to this effect. The
auditee or its superior organ or the supervisory organ shall make a decision
without delay in accordance with the law.
administrative rules and regulations governing budgetary revenues and
expenditures or financial revenues and expenditures and if the case
constitutes a crime, the auditee shall be investigated for criminal
responsibility according to law.
an auditor, if the case constitutes a crime, he shall be investigated for
criminal responsibility according to law; if the case does not constieute
a crime, he shall be given an administrative sanction.
malpractices for selfish ends, or neglects his duties, if the case
constitutes a crime, he shall be investigated for criminal responsibility;
if the case does not constitute a crime, he shall be given an administrative
sanction.
Chapter VII Supplementary Provisions
shall be formulated by the Central Military Commission in accordance with
this Law.
The Audit Regulations of the People's Republic of China promulgated by the
State Council on November 30, 1988 shall be annulled therefrom.
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