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Is an investor entitled to select an audit contractor?

Thu, 18 Jan 2018 10:23:52 AM GMT + 7    Print   Email   Share:

(Chinhphu.vn) - Through the system of receiving and responding to the recommendations of enterprises, Mr. Nguyen Nhu Duan requested to be answered about the selection of the contractor for the final settlement of the completed project in the case of the contractor selection plan of the whole project has been approved by the investment decider, auditing package.

Clause 1, Article 10 of the Finance Ministry's Circular No. 09/2016 / TT-BTC dated January 18,: "Where an audit of the financial statement of the completed project is required prior to verification and approval by the approving person; the investor shall select an audit contractor to conduct the audit of financial statement of the completed project as stipulated in regulations of laws on biding and sign the audit agreement as stipulated in contract laws.Investors, independent audit contractors and relevant agencies shall comply with clause 2 and 3 of this Article".

Mr. Duan would like to ask if the contractor of the whole project has been approved by the investment decider, the auditor package has been selected, the investor has the right to choose the auditing contractor in the right way. Is the bidding plan approved or approved by the approver of the final statement of accounts to be selected for the audit contractor?

Under the current regulations, the level of approval of the tendering plan is usually approved. At present, many investors, based on the plan of selecting contractors, have actively selected auditing contractors without asking for approval from the approver of the settlement. When the investor sends the payment dossier for payment of the auditing fee, the State Treasury shall not accept payment of the auditing fee for the reason (s) not yet approved by the approver (in writing) although the bidding approval plan has got,  has approved, is it  right or wrong?

Regarding this issue, The Ministry of Planning and Investment responds as follows:

Point b, Clause 1, Article 12 of Decree No. 63/2014 / ND-CP has stipulatesd that one of the conditions for compilation of bidding dossiers shall be the plan for selection of approved contractors.

Accordingly, the selection of contractors must comply with the above provisions. Investors shall base themselves on the contractors' bidding plans approved by the competent persons to organize the selection of contractors without consulting the competent persons before organizing the selection of contractors. The investor shall be responsible for performing the work in the contractor selection process in accordance with Article 74 of the Law on bidding.

Point b, Clause 1, Article 12 of Decree No. 63/2014 / ND-CP stipulates that one of the conditions for compilation of bidding dossiers shall be the plan for selection of approved contractors.

Point b, Clause 1, Article 12 of Decree No. 63/2014 / ND-CP has stipulated that one of the conditions for compilation of bidding dossiers shall be the plan for selection of approved contractors.

Accordingly, the selection of contractors must comply with the above provisions. Investors shall base themselves on the contractors' bidding plans approved by the competent persons to organize the selection of contractors without consulting the competent persons before organizing the selection of contractors. The investor shall be responsible for performing the work in the contractor selection process in accordance with Article 74 of the Law on  Bidding.

  • By : Online Newspaper of the Government / Translator: HaiYen-Bizic

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