Order of the President of the People's
Republic of China No.48
The Decision of the Standing Committee of the
National People's Congress on Amending the Audit Law of the People's Republic of
China, which was adopted at the 20th Meeting of the Standing Committee of the
Tenth National People's Congress of the People's Republic of China on February
28, 2006, is hereby promulgated and shall come into force as of June 1,
2006.
President of the People's Republic of China: Hu
Jintao
February 28, 2006
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 of the People's Republic of
China on February 28, 2006)
It is decided at the 20th Meeting of the
Standing Committee of the Tenth National People's Congress of the People's
Republic of China to amend the Audit Law of the People's Republic of China as
follows:
1. Article 1 shall be amended as: "This Law is
formulated in accordance with the Constitution for the purpose of strengthening
the audit supervision of the State, maintaining the fiscal and economic order of
the State, enhancing the efficiency in utilizing fiscal capital, promoting the
construction of a clean government and ensuring the sound development of
national economy and the society."
2. A new paragraph shall be added to Article 3
as Paragraph 2: "An auditing organ shall carry out audit evaluation in
accordance with the laws and regulations on fiscal and financial revenues and
expenditures as well as other relevant provisions of the State, and shall make
an audit decision within the scope of its statutory authorities."
3. Article 4 shall be amended as: "The State
Council and the local people's government at or above the county level shall
annually present to the standing committee of the people's congress at the
corresponding level with an audit work report of the auditing organ on budget
implementation and other fiscal revenues and expenditures. An audit work report
shall give emphasis to the audit of budget implementation. When necessary, the
standing committee of the people's congress may make a resolution on the audit
work report.
"The State Council and the local people's
government at or above the county level shall report the correction of the
problems pointed out in the audit work report and the handling results to the
standing committee of the people's congress at the same level."
4. Article 10 shall be amended as: "An auditing
organ may, according to the requirements for the work and upon approval by the
people's government at the same level, establish dispatched offices within its
audit jurisdiction.
"The dispatched offices shall carry out the
audit work according to law based on the strength of the authorization by the
auditing organ."
5. A new paragraph shall be added to Article 15
as Paragraph 4: "For the appointment and dismissal of the person in-charge of
local auditing organ at any level, it is necessary to seek the opinions of the
auditing organ at the next higher level in advance."
6. Article 16 shall be amended as: "The auditing
organ shall exercise audit supervision over the budget implementation, final
settlement of accounts as well as other fiscal revenues and expenditures of all
the other departments (including subordinate organs) at the corresponding level
and of the governments at lower levels."
Audit Law of the People's Republic of
China
(Adopted at the Ninth Meeting of the Standing
Committee of the Eighth National People's Congress on August 31, 1994, and
amended in accordance with the Decision on Amending the Audit Law of the
People's Republic of China at the 20th Meeting of the Standing Committee of the
Tenth National People's Congress of the People's Republic of China on February
28, 2006)
Contents
Chapter I General Provisions
Chapter II Auditing Organs and Auditors
Chapter III Functions and Responsibilities
of Auditing Organs
Chapter IV Limits of Power of Auditing
Organs
Chapter V Audit Procedures
Chapter VI Legal Liabilities
Chapter VII Supplementary Provisions |