Implementing Regulations of the Audit Law of the People's Republic of China
2018-04-01 1253
Implementing Regulations of the Audit Law of the People's Republic of China
(Revised in 2010)
Order of the State Council No. 571
February 11, 2010
The Implementing Regulations of the Audit Law of the People's Republic of China
(Revised in 2010), which were revised and adopted at the 100th executive
meeting of the State Council on February 2, 2010, are hereby promulgated and
shall come into effect as of May 1, 2010.
Premier: Wen Jiabao
Implementing Regulations of the Audit Law of the People's Republic of China
(Revised in 2010)
(Promulgated by Order of the State Council No. 231 on October 21, 1997, revised
and adopted at the 100th executive meeting of the State Council on February 2,
2010)
Chapter I General Provisions
Article 1 These Regulations are hereby formulated in accordance with the
provisions of the Audit Law of the People's Republic of China (hereinafter
referred to as the Audit Law).
Article 2 For the purpose of the Audit Law, the term "audit" shall
refer to the acts of legal and independent inspection by an audit institution
of an auditee's accounting vouchers, account books, accounting statements and
other information and assets related to fiscal revenues and expenditures and
financial revenues and expenditures, as well as supervision over the
truthfulness, legitimacy and benefits of fiscal revenues and expenditures as
well as financial revenues and expenditures.
Article 3 For the purpose of the Audit Law, the term "fiscal revenues and
expenditures" shall refer to the revenues and expenditures incorporated in
budget management as well as the following revenues and expenditures which are
not incorporated in budget management in accordance with the provisions of the
Budget Law of the People's Republic of China and other relevant provisions of
the state:
1. Administrative charges;
2. Revenues of state-owned resources and assets;
3. State-owned capital operation incomes that should be turned over;
4. The funds raised by government borrowings and debts; and
5. Other financial funds not incorporated in budget management.
Article 4 For the purpose of the Audit Law, the term "financial revenues
and expenditures" shall refer to various revenues and expenditures of
state-owned financial institutions, enterprises and institutions as well as
other entities that are subject to audit supervision by the audit institutions,
which shall be subject to accounting and auditing in accordance with the state
provisions on financial and accounting.
Article 5 Audit institutions shall carry out auditing supervision pursuant to
the functions and responsibilities, limits of authority and procedures
prescribed by the Audit Law and these Regulations as well as other relevant
laws and regulations.
Audit institutions shall base their audit assessment on laws, regulations on
fiscal revenues and expenditures and financial revenues and expenditures as
well as the provisions of relevant state policies, standards, project
objectives. Where the auditees violate the state laws, regulations on fiscal
revenues and expenditures and financial revenues and expenditures, audit
institutions shall make decisions to deal with and punish them within the scope
of their statutory functions and powers.
Article 6 All entities and individuals shall have the right to report to the
audit institutions in respect of the acts against the state laws, regulations
on fiscal revenues and expenditures and financial revenues and expenditures of
the entities subject to audit supervision of the audit institutions, which
shall, upon receipt of the report, handle the matter in a timely manner.
Chapter II Audit Institutions and Auditors
Article 7 The National Audit Office shall, under the leadership of the Premier
of the State Council, take charge of the audit work throughout the country and
perform the functions and responsibilities prescribed by the Audit Law and the
State Council.
Local audit institutions at all levels shall, under the leadership of the
administrative leader of the people's governments at the corresponding level
and the audit institution at a superior level, be responsible for the audit
work within their respective administrative areas and perform the functions and
responsibilities prescribed by laws, regulations and the people's government at
the corresponding level.
Article 8 As for the people's governments of provinces and autonomous regions
which have set up dispatched offices, the audit institutions of the dispatched offices
shall be responsible and report on their work to the dispatched offices and
audit institutions of people's governments of provinces and autonomous regions,
and their audit work shall be directed chiefly by the audit institutions of
people's governments of provinces and autonomous regions.
Article 9 The dispatched offices of audit institutions shall, in accordance
with laws, regulations and rules of the audit institutions, carry out audit
work within the scope authorized by the audit institutions and be free from any
interference by any administrative organ, public organization or individual.
Article 10 Bases for the compilation of draft budgets for annual expenses by
audit institutions mainly include:
1. Laws and regulations;
2. Decision and requirements of the people's government at the corresponding
level;
3. Annual audit work plan of the audit institution;
4. Standards for staffing quota; and
5. Implementation of the budget of the previous year and factors for the
variation thereof in the current year.
Article 11 The system of technical qualifications of the auditing specialty for
auditors shall be practiced. Specific measures shall be determined in
accordance with the relevant state provisions.
Audit institutions may, as required by work, retain persons with related
professional knowledge with respect to audit matters to participate in audit
work.
Article 12 In handling audit matters, when auditors encounter any of the
following circumstances, they shall apply for withdrawal; the auditees also have
the right to apply for the withdrawal of the auditors:
1. Having husband-and-wife relationship, direct blood relationship, collateral
relationship by blood in three generations as well as close relationship by
marriage with the responsible person and other person in charge concerned of
the auditee;
2. Having economic interests with the auditee or the audit matters; and
3. Having other relations of interest with the auditee, the audit matters, and
the principal or relevant in-charge persons of the auditee which may adversely
affect fair performance of official duties.
Withdrawal of auditors shall be decided by the responsible person of an audit
institution; withdrawal of the responsible person of an audit institution shall
be decided by the people's government at the corresponding level or the
responsible person of the audit institution at a superior level.
Article 13 In the appointment and removal of person in charge and their
deputies of local audit institutions at all levels, views of the audit institution
at a superior level shall be sought in advance.
Article 14 Persons in charge of audit institutions not having any of the
following circumstances during the tenure of office shall not be removed or
replaced arbitrarily:
1. Being investigated of criminal responsibility for crime;
2. Having been given administrative sanctions for serious violation of law and
negligence of duty and no longer suitable for the position of the
person-in-charge of an audit institution;
3. Failure to perform duties for more than one year due to health reasons; and
4. Failure to meet other requirements of the position prescribed by the state.
Chapter III Functions and Responsibilities of Audit Institutions
Article 15 Audit institutions shall carry out audit supervision over the
specific budget implementation organized by the financial department of the
people's governments at the corresponding level, the collection of budgetary
revenues of the departments responsible for collecting budgetary revenues at
the corresponding level, the budget implementation and final accounts of the
departments and entities having direct relations of budget turnover and
allocations with the finance department of the people's government at the
corresponding level and the budget implementation and final accounts of the
people's governments at lower levels as well as other circumstances on fiscal
revenues and expenditures. Upon the approval of the people's governments at the
corresponding level, the audit institutions shall carry out audit supervision over
other entities and projects which have obtained financial funds in respect of
authenticity, legality and beneficial results of the acceptance and utilization
of financial funds.
Article 16 Audit institutions shall carry out audit supervision over the
following contents concerning the implementation of the fiscal revenues and
expenditures at the corresponding level:
1. Information concerning the approval of budget by the finance departments to
the various departments (including subordinate unit) at the corresponding level
pursuant to the provisions of laws and administrative regulations and
adjustment in the budget implementation at the corresponding level and changes
in fiscal revenues and expenditures;
2. Information concerning the collection of budgetary revenues by the
departments responsible for collecting budgetary revenues pursuant to the
provisions of laws and administrative regulations and other relevant provisions
of the state;
3. Information concerning the allocations of budgetary expenditures at the
corresponding level by the finance departments pursuant to the approved annual
plans on budget and fund utilization, and the prescribed budgetary levels and
procedures;
4. Information concerning the allocation and management of the financial transfer
payment funds and handling of settlement and transfer by the finance
departments pursuant to the provisions of laws and administrative regulations
and the financial management system;
5. Information concerning the handling of collection, allocation, withholding
of the budgetary revenues, and the appropriation of the budgetary expenditures
by the state treasury in accordance with the relevant provisions of the state;
6. Information concerning annual budget implementation by the various
departments (including subordinate unit) at the corresponding level;
7. Information concerning the revenues and expenditures of the budgetary funds
under special management in accordance with the relevant provisions of the
state; and
8. Information concerning the implementation of other budgets as prescribed by
the laws and regulations.
Article 17 The report on audit results as referred to in Article 17 of the
Audit Law shall contain the following particulars:
1. Information on the budget implementation and other fiscal revenues and
expenditures at the corresponding level;
2. Audit assessment made by the audit institution on budget implementation and
other fiscal revenues and expenditures at the corresponding level;
3. Problems existing in budget implementation and other fiscal revenues and
expenditures at the corresponding level and measures taken by the audit
institution in accordance with law;
4. Views and suggestions put forth by the audit institution for improving the
work of budget implementation and other fiscal revenues and expenditures at the
corresponding level; and
5. Other information the report of which is required by the government at the
corresponding level.
Article 18 The National Audit Office shall carry out audit supervision in
accordance with law on overall financial revenues and expenditures of the
Central Bank and its branches occurring in the performance of functions and
responsibilities.
The report on audit results on central budget implementation and other fiscal
revenues and expenditures submitted by the National Audit Office to the Premier
of the State Council shall include information on auditing of the financial
revenues and expenditures of the Central Bank.
Article 19 "Enterprises or financial institutions wherein state-owned
assets occupy a holding position or dominating position" as referred to in
Article 21 of the Audit Law shall include:
1. Enterprises wherein the state-owned assets account for over fifty percent of
the total capital of the enterprises; and
2. Enterprises wherein the state-owned assets account for less than fifty
percent of the total capital of the enterprises, however investors of the
state-owned assets in essence possess the holding right.
Unless it is otherwise provided for by the State Council, the audit
institutions shall carry out their audit supervision over enterprises or
financial institutions specified in the preceding paragraph with reference to
Paragraph 2 of Article 18 and Article 20.
Article 20 "Government invested construction projects and construction
projects chiefly with the investment of state-owned assets" as referred to
in Article 22 of the Audit Law shall include:
1. Projects which use all financial funds within the budget, such as investment
capital, special construction funds and funds raised by the government
borrowings and debts and etc.;
2. Projects which do not use all financial funds, however, financial funds
account for over fifty percent of the total capital of the projects; or
financial funds account for less than fifty percent of the total capital of the
projects, however the governments possess the holding right in terms of the
construction and actual control of the projects.
Audit institutions shall carry out their audit supervision over the
implementation of the overall budget or estimated budget of the construction
projects, the implementation of the annual budget, annual final accounts,
settlement of single project and final accounts of completed projects in
accordance with law; when carrying out audit on the projects specified in the
preceding paragraph, the audit institutions may investigate into the
authenticity and legality of the construction project funds obtained by the
design, construction, purchasing and other entities directly relating to the
state construction projects.
Article 21 Social security funds as referred to in Article 23 of the Audit Law
shall include social insurance funds, social relief funds, social welfare funds
as well as other special funds for the development of the cause of social
security; and "funds donated by society" as referred to shall include
money, marketable securities and articles in kind donated by both domestic and
foreign sources.
Article 22 "Items of assistance and loans of international organizations
and foreign governments" as referred to in Article 24 of the Audit Law
shall include:
1. Items of loans provided by international organizations, foreign governments
and their institutions to the Chinese Government and its institutions;
2. Items of loans provided by international organizations, foreign governments
and their institutions to Chinese enterprises, institutions and other
organizations guaranteed by the Chinese Government and its institutions;
3. Items of assistance and grants provided by international organizations,
foreign governments and their institutions to the Chinese Government;
4. Items of assistance and grants provided by international organizations,
foreign governments and their institutions to societies entrusted by the
Chinese Government to administer the relevant foundation funds and capital; and
5. Other items of assistance and loans of provided by international
organizations and foreign governments.
Article 23 Audit institutions may, in accordance with the Audit Law, the audit
procedures and methods prescribed herein and other provisions of the state,
carryout special audit investigations on the relevant local departments and
entities in respect of the particular matters concerning the state fiscal
revenues and expenditures such as budget management or management and
utilization of state-owned assets and etc.
Article 24 Audit institutions shall, in accordance with the relations of
budgetary and financial subordination of the auditees, determine the scope of
audit jurisdiction; where the scope of audit jurisdiction cannot be determined
in accordance with the relations of budgetary and financial subordination, it
shall be determined in accordance with the relations of supervision and
administration of the state-owned assets.
As for enterprises and institutions and construction projects with investment
by two or more than two investment bodies of the state-owned assets, the audit
supervision on them shall be carried out by the audit institutions with audit
jurisdiction over the chief investment body.
Article 25 Audit institutions at all levels shall carry out audit supervision
in accordance with the determined scope of audit jurisdiction.
Article 26 As for the entities which are audit and supervision objects of audit
institutions in accordance with law, such entities shall accept the operational
guidance and supervision from the audit institutions on their internal audit
work.
Entities which are audit and supervision objects of audit institutions in
accordance with law may, based on the needs of their internal audit work, join
the lawfully established self-regulatory organizations of internal audit. The
audit institutions may strengthen their operational guidance and supervision on
the internal audit work of the entities through the self regulatory
organizations of internal audit.
Article 27 Audit institutions shall, in carrying out audits or special audit
investigations, have the right to verify the relevant audit reports issued by
the social audit institutions.
When verifying the relevant audit reports issued by the social audit institutions,
if the audit institutions find any circumstance of violation of laws,
regulations or practice rules by the social audit institutions, such
institutions shall be transferred to the relevant competent authorities for
investigation of criminal responsibilities in accordance with the law.
Chapter IV Limits of Authority of Audit Institutions
Article 28 When audit institutions are carrying out audit supervisions in
accordance with the law, the auditees shall, in accordance with the provision
of Article 31 of the Audit Law, provide the audit institutions with the
relevant information and material on the fiscal revenues and expenditures or
financial revenues and expenditures. The person in charge of the auditees shall
make a written commitment on the authenticity and integrality of the materials
submitted by their respective unit.
Article 29 Finance departments, taxation departments and other departments
(including subordinated entities) of people's governments at all levels shall
submit the following information to the audit institutions at the corresponding
levels:
1. Budgets of the corresponding levels approved by people's congress at the
corresponding levels, budgets of all departments (including subordinated
entities) of the corresponding levels approved by the finance departments of
people's governments at the corresponding levels, annual revenue plans of
budget revenue collection departments as well as budgets of all subordinate
entities approved by all departments (including subordinated entities) at the
corresponding levels;
2. Monthly statements, yearly statements and final accounts on the
implementation of budget revenues and expenditures and the fulfillment of
revenue plans of budget revenue collection departments at the corresponding
levels;
3. Comprehensive yearly statistical statements on finance and taxation work,
briefings, and rules and regulations relating to finance, budget, taxation,
fiscal matters and accounting; and
4. Draft final accounts of departments compiled by all departments (including
subordinated entities) at the corresponding levels.
Article 30 Where audit institutions inquire into the auditees' accounts in
financial institutions in accordance with Article 33 of the Audit Law, they
shall take the letter of notice soliciting assistance in inquiring into bank
accounts issued by the audit institutions of the people's governments at or
above the county level with them; where audit institutions inquire into the
auditees' deposit in financial institutions in individual names, they shall
take the letter of notice soliciting assistance in inquiring into individual
deposits issued by the person in charge of the audit institutions of the
people's governments at or above the county level with them. The relevant
financial institutions shall provide assistance and proving materials. The
audit institutions and auditors shall have the obligation to keep the relevant
information confidential.
Article 31 "Assets acquired in contravention of the state provisions"
as referred to in Article 34 of the Audit Law shall include:
1. Financial allocations, materials and bank loans acquired through
falsification and cheating;
2. Assets acquired through enjoyment of such preferential policies as state
subsidy, assistance, premium, interest exemption, tax reduction, tax exemption
and tax refund in contravention of state provisions;
3. Money, marketable securities and goods in kind collected from other persons
in contravention of state provisions;
4. Benefits acquired through disposing of state-owned assets in contravention
of state provisions; and
5. Other assets acquired in contravention of state provisions.
Article 32 Where the relevant materials and assets acquired in contravention of
state provisions of the auditees are sealed up by the audit institutions in
accordance with Article 34 of the Audit Law, the audit institutions shall take
the seal notice issued by the person in charge of the audit institutions of the
people's governments at or above the county level with them, and collect the
evidential materials related to the audit matters in accordance with the law or
lift the seal after taking other measures. The time limit for seal shall not be
longer than 7 days. Where an extension is necessary because of special
situation, upon approval of the person in charge of the audit institutions of
the people's governments at or above the county level, the time limit may be
extended. However, such extension shall be no longer than 7 days.
As for the sealed materials and assets, audit institutions may appoint auditees
to retain them. The auditees shall not destroy or transfer such materials and
assets without permission.
Article 33 Audit institutions may, in accordance with Article 36 of the Audit
Law, report to the relevant government departments about the audit matters or
announce their audit and special audit investigation results on the auditees to
the society.
Audit institutions may, upon negotiation with the relevant competent
authorities, also announce the audit results on the audit reports issued by
social audit institutions in their audit and special audit investigation
results on the auditees to the society.
Where audit institutions intend to announce their audit and special audit
investigation results on the listed companies to the society, they shall notify
the listed companies of the contents intended to announce 5 days in advance.
Chapter V Audit Procedures
Article 34 Audit institutions shall, in accordance with the provisions of laws,
regulations and other relevant state provisions and requirements of the
people's government at the corresponding level and the audit institution at a
superior level, determine the priorities in the yearly audit work and compile
an annual audit item plan.
Where audit institutions determine to carry out audit on the enterprises or
financial institutions wherein state-owned assets occupy a holding position or
dominating position, they shall, within 7 days as of the date of make such
decisions, notify the enterprises and financial institutions included in the
annual audit item plan.
Article 35 Audit institutions shall, in accordance with their annual audit item
plan, organize audit teams to investigate the relevant situations of the
auditees, compile audit plans and serve the audit notice to the auditees 3 days
before the exercise of audit.
Article 36 "Special circumstance" as referred to in Article 38 of the
Audit Law shall include:
1. Handling urgent matters;
2. Where the auditees are suspected for serious violations of laws or
regulations; and
3. Other special circumstances.
Article 37 In the exercise of audit, auditors shall proceed in accordance with
the following provisions:
1. Exercising audit by means of checking, inquiring, supervising inventory
counts and sending confirmation letters and etc.;
2. Obtaining evidential materials by means of gathering original materials,
original goods or duplication and photography;
3. Making records of contents of meetings and conversations relating to audit
matters or require the auditees to provide the recorded material of meetings;
and
4. Making records of the proceedings and results of audit.
Article 38 The evidential materials obtained by auditors from investigations
among entities and individuals concerned should have the signature or seals of
the providers; in respect of materials unable to obtain the signature or seals
of the providers, auditors should state the reasons therefor.
Article 39 Prior to the submission of audit reports to audit institutions,
audit teams shall seek the views of the auditees in writing. The auditees
shall, within ten days of receipt of the audit reports, submit their views in
writing. No submission of views in writing within ten days of the receipt of
the audit reports shall be deemed as having no objection.
Audit teams shall examine the views of the auditees in writing, further verify
the information, make necessary revision to the audit reports and submit the
audit reports and the views of the auditees in writing to audit institutions.
Article 40 Upon verification and hearing on the audit reports issued by the
audit teams and the relevant audit matters by relevant operation organs and
special organs or personnel of audit institutions, the audit reports submitted
shall be handled by the audit institutions in accordance with the following
provisions:
1. Submitting audit reports of audit institutions, which shall include: audit
assessment on audit matters, opinions put forward on handling and punishing
acts of fiscal revenues and expenditures and financial revenues and
expenditures in violation of state provisions, opinions on transferring the
matters to the competent authorities and entities, opinions on improving
management on fiscal revenues and expenditures and financial revenues and
expenditures;
2. With respect to acts of fiscal revenues and expenditures and financial
revenues and expenditures in violation of state provisions which shall be
handled and punished according to law, making decisions to deal with and punish
them within the scope of their statutory functions and powers;
3. As for the personnel concerned who shall be investigated into for their
responsibilities in accordance with the law, audit institutions shall give
their suggestions on penalties to the relevant competent organs and entities;
as for those who shall be handled and punished by the relevant competent
organs, they shall be transferred to such organs; those who are suspected of
committing crimes shall be transferred to judicial authorities.
Article 41 Audit institutions shall report to the people's governments at the
corresponding level and the audit institutions at a superior level when
encountering matters infringing on state interests and public interests of
society the basis of handling and penalties for which has not been explicitly
defined.
Article 42 The auditees shall carry out the audit decisions in accordance with
the time limit and requirements prescribed by the audit institutions. In
respect of the funds which ought to be turned over, the auditees shall, in
accordance with the fiscal management system and the relevant provisions of the
state, turn over such funds to the state treasury or the special financial
accounts. In case the audit decisions need the assistance from the competent
organs and entities concerned in implementation, audit institutions shall submit
such decisions to such organs and entities for assistance in implementation in
writing.
Article 43 The audit institutions at higher levels shall supervise those at
lower levels on their audit work.
In case the audit decisions made by the audit institutions at lower levels are
in violation of state provisions, the audit institutions at higher levels may
instruct the audit institutions at lower levels to change or cancel such
decisions, or directly make the decisions on changing or canceling such decisions;
where the audit institutions at lower levels need to make new audit decisions
after the formal ones are cancelled, the audit institutions at higher levels
may instruct the audit institutions at lower levels to make new audit decisions
within the prescribed time limit, or make the new decisions directly.
Where the audit institutions at lower levels fail to make audit decisions they
should have made, the audit institutions at higher levels may instruct the
audit institutions at lower levels to make such audit decisions within the
prescribed time limit, or make such audit decisions directly.
Article 44 Audit institutions shall, when carrying out special audit
investigations, present a written notice on special audit investigation and
explain the relevant circumstances; the localities, departments and entities
concerned shall accept such investigations, report the circumstances accurately
and provide the relevant information.
In special audit investigations, in case the supervised departments, entities
of the audit institutions have other acts of fiscal revenues and expenditures
and financial revenues and expenditures in violation of state provisions, the
special audit investigators and audit institutions may, in accordance with the
provisions of the Audit Law and these Regulations, make audit decisions or
transfer them to the competent organs and entities concerned for investigation
of responsibilities.
Article 45 Audit institutions shall establish and improve the audit archive
system pursuant to relevant state provisions.
Article 46 Audit institutions may, when serving audit papers, directly serve
the audit papers or serve the audit papers by post. In the case of those served
directly, the date of signature for receipt on the receipt indicated by the
auditees or the date of receipt certified by witnesses shall be the date of
service; in the case of those served by post, the date of receipt indicated on
the receipt shall be the date of service; in case of those served by other
means, the date of signature for receipt or the date of receipt shall be the
date of service.
The varieties, contents and formats of such audit documents shall be determined
by the National Audit Administration.
Chapter VI Legal Liabilities
Article 47 If the auditees, in violation of the provisions of the Audit Law and
these regulations, refuse or delay to provide information relating to audit
matters, or provide false and incomplete information, or refuse and hinder
examinations, audit institutions shall order a rectification and may circulate
a criticism and give a warning; those which refuse to make rectifications may
be imposed a fine of less than RMB 50,000. With respect to the person in charge
held directly responsible and other persons directly responsible of the
auditee, they shall be imposed a fine of less than RMB 20,000. Those whom audit
institutions hold that shall be punished, suggestions for punishment shall be
put forth to the competent organs and entities concerned. If a crime is
constituted, the criminal responsibility shall be investigated.
Article 48 With respect to the acts of the various departments (including
subordinate entities) at the corresponding level and the governments at the
lower levels in contravention of the budget or other acts of fiscal revenues
and expenditures in contravention of state provisions, audit institutions
shall, within the scope of legal authority, take the treatment measures
prescribed in Article 45 of the Audit Law in the light of different
circumstances.
Article 49 With respect to the acts of financial revenues and expenditures of
auditees in contravention of state provisions, audit institutions shall, within
the scope of legal authority, take the treatment measures prescribed in Article
45 of the Audit Law in the light of different circumstances, such as
circulating a public criticism or giving a warning; if there are illegal gains,
such gains shall be confiscated and the person in question shall be imposed a
fine more than one time and less than five times of the amount of the illegal gains;
those with no illegal gains shall be imposed a fine of less than RMB 50,000.
With respect to the persons in charge held directly responsible and other
persons directly responsible of the auditees whom audit institutions hold that
shall be punished, suggestions for punishments shall be put forth to the
competent organs and entities concerned. If a crime is constituted, the
criminal responsibility shall be investigated.
Where laws and administrative regulations have separate provisions for handling
and punishing the acts of financial revenues and expenditures in contravention
of state provisions by the auditees, those provisions shall prevail.
Article 50 Audit institutions shall, making a penalty decision of a relatively
large amount fine, inform the auditees and the persons concerned of their right
to request for holding a hearing. The specific standard for relative large
amount fine shall be specified by the National Audit Administration.
Article 51 With respect to suggestions for handling and punishing the auditees
put forward by audit institutions or suggestions for punishing persons in
charge held directly responsible and other persons directly responsible of the
auditees, the competent organs and entities concerned shall make a timely
decision in accordance with the law and notify the audit institutions of the
results in writing.
Article 52 Where the auditees are not satisfied with the audit decisions made
by audit institutions in accordance with Articles 16 and 17 of the Audit Law
and Article 15 of these Regulations, they may, within 60 days upon the service
of the audit decisions, submit such audit decisions to the people's governments
at the corresponding level of the audit institutions for arbitration. The
arbitration made by the people's governments at the corresponding level shall
be final.
Audit institutions shall notify the auditees in their audit decisions of the
approaches and time limit for applying for arbitration.
During the period of arbitration, the implementation of the audit decisions
shall not be suspended. However, in any of the following circumstances, the
implementation may be suspended:
1. Where suspension is deemed necessary by audit institutions;
2. Where suspension is deemed necessary by the people's government accepting
the arbitration;
3. Where the auditees applied for suspension and the people's government
accepting the arbitration deems the application reasonable and decides to
suspend the implementation.
Arbitrations shall be handled by the legislative affairs department of the
people's government. Arbitration awards shall be made within 60 days after
receiving the application; where an extension is necessary because of a special
situation, it may be extended upon the approval of the person in charge of the
legislative affairs department. Audit institutions and auditees applying for
arbitration shall be informed of the extension. However, the extension shall
not exceed 30 days.
Article 53 Except for the audit decisions which may be submitted for
arbitration as prescribed in Article 52, if the auditees are not satisfied with
other audit decisions made by the audit institutions, they may apply for
administrative reconsideration or bring an administrative lawsuit.
Audit institutions shall inform the auditees in their audit decisions of the
approaches and time limit for applying for administrative reconsideration or
bringing an administrative lawsuit.
Article 54 The auditees shall report the implementation of the audit decisions
in writing to the audit institutions, which shall review the implementation of
the audit decisions.
Where the auditees fail to implement the audit decisions, audit institutions
shall order them to implement within a specified time limit; in case they fail
to implement the audit decisions again within the specified time limit, audit
institutions may apply to a People's Court for compulsory enforcement and
suggest the competent organs and entities concerned to punish the persons in
charge held directly responsible and other persons directly responsible of the
auditees.
Article 55 Any auditor who abuses power, indulges in malpractices for selfish
gains, neglects duties or discloses any state secret or trade secret known to
them, shall be given punishments in accordance with the law; any auditor who
commits a crime shall be investigated of criminal liability in accordance with
the law.
Properties acquired by auditors in violation of law and discipline shall be
recovered, confiscated or ordered to pay compensation according to law.
Chapter VII Supplementary Provision
Article 56 Such phrases as "not less than", "not more than"
referred to in these regulations shall include the given figure.
If the last day of the period prescribed in Article 52 hereof is an official
holiday, it shall expire on the first working day following that official
holiday. Other periods prescribed in the Audit Law and these regulations shall
be calculated in terms of working days, excluding official holidays.
Article 57 Regulations on the exercise of economic responsibility audit shall
be separately formulated.
Article 58 These Regulations shall come into effect as of May 1, 2010.