Decree No. 90/2025/NĐ-CP Amending and supplementing some articles of Decree No. 17/2012/NĐ-CP dated March 13, 2012, of the Government detailing and guiding the implementation of certain provisions of the Law on Independent Auditing.

DECREE
Amending and supplementing certain Articles of the Decree
number 17/2012/NĐ-CP dated March 13, 2012 of the Government detailing and guiding the implementation of certain provisions of the Law on Independent Auditing
细则和指导实施《独立审计法》的若干条款

Pursuant to the Law on Government Organization dated February 18, 2025;

Pursuant to the Law on Independent Auditing dated March 29, 2011;

Pursuant to the Law amending and supplementing certain provisions of the Securities Law, Accounting Law, Independent Auditing Law, State Budget Law, Management and Use of State Property Law, Tax Administration Law, Personal Income Tax Law, National Reserve Law, Administrative Violation Handling Law dated November 29, 2024;

At the proposal of the Minister of Finance;

The Government promulgates this Decree amending and supplementing certain Articles of the Decree number 17/2012/NĐ-CP dated March 13, 2012 of the Government detailing and guiding the implementation of certain provisions of the Law on Independent Auditing.

Article 1. Supplementing certain Points and Clauses of Article 15 of the Decree number 17/2012/NĐ-CP as follows:

1. Supplementing Point d following Point d Clause 1 as follows:

“d. Other enterprises with large scale as prescribed in Point d Clause 1 Article 37 of the Law on Independent Auditing satisfying at least two out of three criteria: having an average number of employees participating in social insurance of over 200 people per year, having total annual revenue of over 300 billion VND, and having total assets of over 100 billion VND.”

2. Supplement Clause 7 as follows:

“7. Principles for determining the average number of employees participating in social insurance per year, total annual revenue, and total assets of units prescribed in Point d Clause 1 of this Article are as follows:

a) The number of employees participating in social insurance is the total number of employees managed and used by the unit, receiving wages and remuneration, participating in social insurance in accordance with the law on social insurance;

b) The average number of employees participating in social insurance per year is calculated by dividing the total number of employees participating in social insurance of all months in the preceding year by twelve;

c) The number of employees participating in social insurance of the month is determined at the end of the month based on the social insurance payment documents submitted by the enterprise to the social insurance agency;

d) Total annual revenue is determined based on the financial statements of the preceding year prepared by the unit in accordance with the law on accounting;

đ) Total assets are determined at the end of the fiscal year based on the financial statements of the preceding year prepared by the unit in accordance with the law on accounting.”

3. Supplementing Clause 8 following Clause 7 as follows:

“8. Enterprises falling within the scope prescribed in Point đ Clause 1 of this Article that fail to meet the criteria for enterprises with large scale for two consecutive years will not be required to undergo mandatory auditing until they again meet the criteria as stipulated.”

Article 2. Amending and supplementing Clause 2 of Article 16 of the Decree number 17/2012/NĐ-CP as follows:

“2. A practicing auditor shall not sign an audit report for an audited entity for more than five consecutive years.”

Article 3. Effectiveness

This Decree takes effect from the date of signature.

Article 4. Transitional Provisions

1. A practicing auditor who has signed an audit report for an audited entity before January 1, 2025 may continue to sign audit reports for that audited entity in accordance with Article 2 of this Decree.

2. Enterprises whose total revenue and total assets on the financial statements for the fiscal year 2024, and whose average number of employees participating in social insurance in 2024 satisfy the provisions of Clause 1 Article 1 of this Decree shall be subject to mandatory auditing of their financial statements starting from the fiscal year 2025 onwards.

Article 5. Responsibilities for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities are responsible for implementing this Decree./.