Decision of the Standing Committee of the National People's Congress on Amending the Audit Law of the People's Republic of China

(Adopted at the 20th Meeting of the Standing Committee of the Tenth National People’s Congress on February 28, 2006)

At its 20th Meeting, the Standing Committee of the Tenth National People’s Congress decided to amend the Audit Law of the People’s Republic of China as follows:

1. Article 1 is revised to read, “This Law is enacted in accordance with the Constitution, with a view to strengthening State supervision through auditing, maintaining the fiscal and economic order of the country, improving the efficiency in the use of fiscal funds, promoting the building of a clean government and ensuring the sound development of the national economy and society.”

2. One paragraph is added to Article 3 as the second paragraph, which reads, “Audit institutions shall, in accordance with laws, regulations and other regulations of the State governing government and financial revenues and expenditures, give audit appraisals and, within the limits of their statutory functions and powers, make audit decisions.”

3. Article 4 is revised to read, “The State Council and the local people's governments at or 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 government revenues and expenditures. The audit reports shall focus on the audit results regarding budget implementation. When necessary, the standing committees of the people’s congresses may adopt resolutions on the audit reports.

“The State Council and the local people's governments at or above the county level shall report to the standing committees of the people's congresses at the corresponding levels the results of rectification and solution of the problems pointed out in the audit reports.”

4. Article 10 is revised to read, “Audit institutions may, as required by work and upon approval by the people's governments at the corresponding levels, establish dispatched audit offices in areas under their jurisdiction.

“Dispatched audit offices shall, as authorized by audit institutions, conduct audit work in accordance with law.”

5. One paragraph is added to Article 15 as the fourth paragraph, which reads, “The appointment and removal of leading persons of local audit institutions at various levels shall be made after consultation with the audit institutions at the next higher levels.”

6. Article 16 is revised to read, “Audit institutions shall exercise supervision through auditing over the budget implementation, final accounts and other government revenues and expenditures of the departments (including the units directly subordinate to them) at the corresponding levels and of the people's governments at lower levels.”

7. Article 17 is revised to read, “The National Audit Office shall, under the leadership of the Premier of the State Council, exercise supervision through auditing over the implementation of the budget of the Central Government as well as other government revenues and expenditures, and submit audit reports thereon to the Premier.

“Local audit institutions at various levels shall, under the respective leadership of the governors of provinces, chairmen of autonomous regions, mayors, prefecture 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 as well as other government revenues and expenditures, and submit reports on the audit results to the people's governments at the corresponding levels and to the audit institutions at the next higher levels.”

8. Article 19 is revised to read, “Audit institutions shall exercise supervision through auditing over the financial revenues and expenditures of the State institutions as well as other institutions using government funds.”

9. Article 21 is deleted.

10. Article 22 is changed to be Article 21 and is revised to read, “Supervision through auditing over the enterprises and monetary institutions with State-owned capital controlling their shares or playing a leading role shall be prescribed by the State Council.”

11. Article 23 is changed to be Article 22 and is revised to read, “Audit institutions shall exercise supervision through auditing over the budget implementation and final accounts in respect of the construction projects fully or mainly financed by government investment.”

12. Article 24 is changed to be Article 23 and is revised to read, “Audit institutions shall exercise supervision through auditing over the financial revenues and expenditures involving social security funds, public donations and other related funds and capital which are managed by government departments and by other units authorized by the government.”

13. One article is added as Article 25, which reads, “Audit institutions shall, in accordance with the relevant regulations of the State, supervise through auditing the principal leading persons of government departments and of other units subject to auditing by audit institutions as stipulated by law as to how they perform, during their terms of office, their economic accountabilities in respect of government and financial revenues, expenditures as well as relevant economic activities of their districts, departments or units.”

14. Article 29 is revised to read, “Units subject to supervision through auditing by audit institutions as stipulated by law shall establish and improve their internal auditing systems in accordance with the relevant regulations of the State; their internal auditing shall be subject to professional guidance and supervision of audit institutions.”

15. Article 30 is revised to read, “Where a unit has undergone auditing by a public audit firm is subject to supervision through auditing by an audit institution as stipulated by law, the audit institution shall, in accordance with the regulations of the State Council, have the power to check the audit reports produced by the public audit firm.”

16. Article 31 is revised to read, “Audit institutions shall have the power to require auditees to provide, as specified by the audit institutions, their budgets or plans for financial revenues and expenditures, statements about budget implementation, final accounts and financial statements, electronic data for government and financial revenues and expenditures stored and processed by computers and the necessary computer technology documents, information about their accounts in monetary institutions, audit reports produced by public audit firms and other information relating to their government or financial revenues and expenditures. Auditees shall not refuse to do so, or delay such provision, or make false reports.

“Leading persons of auditees shall be responsible for the authenticity and completeness of the financial and accounting information provided by their units.”

17. Article 32 is revised to read, “When conducting auditing, audit institutions shall have the power to examine the auditees’ accounting documents, account books, financial statements, the computer system used for the management of electronic data for government and financial revenues and expenditures, and other information and assets relating to the said revenues and expenditures, and the auditees shall not refuse to accept such examination.”

18. Two paragraphs are added to Article 33 as the second and the third paragraph, which read, “An audit institution shall, with approval of the leading person of the audit institution of the people’s government at or above the county level, have the power to inquire about the accounts of an auditee in monetary institutions.

“Where an audit institution has evidence to prove that an auditee deposits public funds in the name of an individual, it shall, with approval of the principal leading person of the audit institution of the people’s government at or above the county level, have the power to inquire about the savings of the auditee deposited in monetary institutions in the name of an individual.”

19. The first paragraph of Article 34 is revised to read, “When an audit institution conducts auditing, the auditee shall not transfer, conceal, falsify or destroy its accounting documents, account books, financial statements or other information relating to government or financial revenues and expenditures, and shall not transfer or conceal the assets in its possession that are obtained in violation of State regulations.”

One paragraph is added as the second paragraph, which reads, “An audit institution shall have the power to stop the acts committed by an auditee in violation of the provisions in the preceding paragraph; when necessary, the audit institution shall, with approval of the leading person of the audit institution of the people’s government at or above the county level, have the power to seal up the relevant materials and the assets obtained in violation of State regulations; and where it is necessary to freeze the relevant deposits of the auditee in monetary institutions, the audit institution shall submit an application to the people’s court.”

The second paragraph is split into two as the third and the fourth paragraph, and is revised to read, “The audit institution shall have the power to stop the ongoing acts committed by an auditee in violation of the regulations of the State governing government and financial revenues and expenditures; if it fails in its efforts, it shall, with approval of the leading person of the audit institution of the people’s government at or above the county level, notify the department of finance and the relevant department in charge to suspend allocation of the funds directly related to the violations of State regulations governing government and financial revenues and expenditures or to suspend the use of the funds already allocated.

“When adopting the measures specified in the preceding two paragraphs, the audit institution shall see to it that the lawful business activities, production and operation of the auditee are not hindered.”

20. One article is added as Article 37, which reads, “When an audit institution performs its duty of supervision through auditing, it may request the departments in charge of public security, supervision, finance, taxation, customs, pricing, administration of industry and commerce, etc. for assistance.

21. Article 37 is changed to be Article 38, and the first paragraph is revised to read, “An audit institution shall form an audit team on the basis of the audit matters specified in the plan for the projects to be audited and shall serve an audit notification on the auditee three days prior to execution of auditing; under special circumstances, the audit institution may, with approval of the people’s government at the corresponding level, directly execute auditing on the strength of the audit notification.”

One paragraph is added as the third paragraph, which reads, “Audit institutions shall improve the efficiency of audit work.”

22. Article 38 is changed to be Article 39, and the first paragraph is revised to read, “Auditors shall conduct auditing and obtain testimonial materials through examining accounting documents, account books, financial statements, consulting documents and data relating to the audit matters, checking cash, material objects and negotiable securities, and conducting fact-findings among the units and individuals concerned.”

23. Article 39 is changed to be Article 40, and is revised to read, “After executing auditing of the audit matters, the audit team shall submit its audit report to the audit institution. However, prior to submission of the report to the institution, the team shall solicit opinions of the auditee. The auditee shall, within 10 days from the date it receives the audit team’s report, send its comments in writing to the audit team. The audit team shall submit to the audit institution the auditee’s written comments along with its own report.”

24. Article 40 is changed to be Article 41, and is revised to read, “An audit institution shall, in accordance with the procedures specified by the National Audit Office, produce its audit report after deliberating the audit team’s report and analyzing the auditee’s comments. Where violations of State regulations governing government and financial revenues and expenditures should be dealt with or punished in accordance with law, it shall, within the limits of its statutory functions and powers, make an audit decision or put forward its suggestions as to how to deal with or punish the violations to the department in charge.

“The audit institution shall serve its audit report and audit decision on the auditee and the relevant department and unit in charge. An audit decision shall go into effect as of the date of service.”

25. One article is added as Article 42, which reads, “Where an audit institution at a higher level considers that the audit decision made by an audit institution at a lower level is in violation of the relevant regulations of the State, the former shall instruct the latter to modify or repeal the decision, and when necessary, it may directly decide to have that decision modified or repealed.”

26. Article 41 is changed to be Article 43, and is revised to read, “When an auditee, in violation of the provisions of this Law, refuses to provide, or delays provision of, information relating to the audit matters, or provides inauthentic or incomplete information, refuses to accept or hinders examination, the audit institution concerned shall order it to rectify, and may circulate a notice of criticism and give it a warning; and if it refuses to rectify, it shall be investigated for responsibility in accordance with Law.”

27. Articles 42 and 43 are put togather as Article 44, and are revised to read, “When an auditee, in violation of the provisions of this Law, transfers, conceals, falsifies or destroys accounting documents, account books, financial statements, or other materials relating to government or financial revenues and expenditures, or transfers or conceals the assets in its possession that are obtained in violation of State regulations, and the audit institution considers that the persons directly in charge and the other persons directly responsible should be given sanctions according to law, the audit institution shall put forward suggestions to this effect. The auditee, or its superior authority, or the supervisory department shall, in accordance with law, make a decision without delay and notify the audit institution of the results in writing. If a crime is constituted, the criminal responsibility shall be investigated according to law.”

28. Article 44 is changed to be Article 45, and is revised to read, “An audit institution, people's government or department in charge shall, within the limits of its statutory functions and powers and in accordance with the provisions of laws and administrative regulations, take the following measures in dealing with the acts committed in violation of the budgets by a department (including the units directly subordinate to it) at the corresponding level or the government at a lower level, or other acts in violation of the regulations of the State governing government revenues and expenditures, on the merits of the case:

“(1) to order it to turn over, within a specified time limit, the sum of money that should be turned over;

“(2) to order it to return, within a specified time limit, the State-owned assets it illegally takes possession of;

“(3) to order it to return, within a specified time limit, its unlawful gains;

“(4) to order it to deal with the matters concerned in accordance with the uniform regulations of the State governing the accounting system; or

“(5) to take other measures.”

29. Article 45 is changed to Article 46, and is revised to read, “When in dealing with the acts committed by an auditee in violation of the regulations of the State governing financial revenues and expenditures, an audit institution, people's government or department in charge, within the limits of its statutory functions and powers and in accordance with the provisions of laws and administrative regulations, takes the measures as specified in the preceding article, it may, in addition, impose a penalty on the auditee according to law.”

30. One article is added as Article 47, which reads, “The audit decision made by an audit institution within the limits of its statutory functions and powers shall be executed by the auditee.

“Where an auditee refuses to follow the order, issued according to law by the audit institution, to turn over the sum of money that should be turned over, the audit institution shall notify the fact to the relevant department in charge, which shall withhold that sum of money or take other measures in accordance with the provisions of laws and administrative regulations, and inform in writing the results thereof to the audit institution.”

31. One article is added as Article 48, which reads, “Where an auditee is not satisfied with the audit decision made by an audit institution regarding its financial revenues and expenditures, it may apply for administrative reconsideration or bring administrative proceedings in accordance with law.

“Where an auditee is not satisfied with the audit decision made by an audit institution regarding its government revenues and expenditures, it may request the people’s government at the same level as the audit institution to make a ruling, which is the final decision. ”

32. Article 46 is changed to be Article 49, and is revised to read, “Where an auditee violates the regulations of the State governing government and financial revenues and expenditures and an audit institution considers that the persons directly in charge and the other persons directly responsible should be given sanctions according to law, the audit institution shall put forward suggestions to this effect. The auditee, or its superior authority, or the supervisory department shall, in accordance with law, make a decision without delay and notify the audit institution of the results in writing.”

33. Article 48 is changed to be Article 51, and is revised to read, “Where a person retaliates or makes a false charge against an auditor, he shall be given a sanction in accordance with law; and if a crime is constituted, he shall be investigated for criminal responsibility in accordance with law.”

34. Article 49 is changed to be Article 52, and is revised to read, “Where an auditor abuses his power, engages in malpractices for personal gains, neglects his duties, or divulge State secrets or business secrets within his knowledge, he shall be given a sanction in accordance with law; and if a crime is constituted, he shall be investigated for criminal responsibility in accordance with law.”

This Decision shall go into effect as of June 1, 2006.

The Audit Law of the People’s Republic of China shall be revised and the order of the articles shall be rearranged correspondingly in accordance with this Decision, and the Law shall be promulgated anew.

The English translation is for reference only and if there is any discrepancy, the Chinese version shall prevail.