Ministry of Finance Order of the Ministry of Finance No. 32 The Measures for Public Finance Examination Work, which were adopted at the executive meeting of the Ministry of Finance on January Minister of the Ministry of Finance, Jin Renqing January 26, 2006 Measures for Public Finance Examination Work Article 1 The present Measures are formulated in accordance with the laws of the Budget Law of the People’s Republic of China and the Regulation Article 2 The present Measures shall be applied to any finance examination implemented in accordance with the law by the departments of finance Article 3 The term “public finance examination” as mentioned in the present Measures refers to an act that the finance department carries out Article 4 When implementing any public finance examination, the finance department shall follow the principles of legality, objectivity, fairness Article 5 The finance department shall, in accordance with the provisions of laws, regulations, rules as well as the present Measures, implement Any dispute on the jurisdiction of public finance examination shall be reported to the same superior finance department to designate Article 6 The finance department shall establish an annual plan of public finance examination and organize and implement relevant public finance Article 7 Where the finance department implements any public finance examination, an examination team shall be set up and a team leader shall Article 8 The examiners of an examination team shall consist of functionaries of the finance department, who shall be qualified as follows: (1) Being familiar with the relevant laws, regulations, rules and policies; (2) Mastering the relevant professional knowledge; and (3) Having the capability of investigation and research, comprehensive analysis and literal expression. Article 9 In accordance with the requirements, the finance department may invite special institutions or personnel with specialized knowledge Article 10 Any examiner who has any direct interest with any entity or individual under examination (hereinafter uniformly referred to as the The principal of the finance department shall be responsible for making decision on the withdrawal of any examiner. Article 11 The examiners shall comply with the relevant provisions of the state on confidentiality and shall not reveal any state secret or commercial Article 12 Before the implementation of any finance examination, the examination team shall be familiar with the relevant laws, regulations, Article 13 Where the finance department implements any public finance examination, it shall send a Notice on Public Finance Examination to the Where the finance department considers that the sending of a Notice on Public Finance Examination 3 workdays before the relevant examination The contents in a Notice on Public Finance Examination shall be as follows: (1) The name of the examinee; (2) The basis, scope, contents, means and time of the examination; (3) The specific requirement to the relevant examinee on cooperating with the work of examination; (4) A name list of the leader and examiners of the examination team and their contact ways; and (5) The seal of the finance department and the date of issuance. Article 14 Where any public finance examination is implemented, there shall be not less than 2 examiners, who shall show the relevant examinee The examiners may inquire of the relevant examinee about the relevant information, wherein the relevant examinee shall cooperate with Article 15 Where any public finance examination is implemented, the examiners may require the relevant examinee to provide relevant materials, Where any material as provided is written in a foreign language or in any language of a minority ethnical group, the examinee shall Article 16 Where any public finance examination is implemented, such methods as account check, inventory check, inquiry and letter-confirmation, Article 17 Where any public finance examination is implemented, with the approval of the principal of the department of finance, the relevant Any examiner shall, when inquiring about the relevant deposit, hold the Notice on Deposit Inquiry as issued by the finance department Article 18 Where any public finance examination is implemented, and under any circumstance that the relevant evidence may be destroyed or lost Article 19 The certification materials as obtained by any examiner in an examination shall bear the signature or seal of the relevant provider. For any material that doesn’t bear the signature or seal of the relevant provider, the examiner shall give a note of the reasons. Article 20 Where any public finance examination is implemented, the relevant examiner shall make records and extracts on the contents and matters Article 21 The leader of an examination team shall conduct supervision over the work quality of other examiners in the team and shall conduct Article 22 When meeting with any serious problem during the implementation of examination, the examination team shall report it to the finance Article 23 Before any examination is concluded, an examination team shall solicit the opinions of the relevant examinee on such matters as the Article 24 An examination team shall, within 10 workdays as of the day when the relevant examination comes to an end, submit to the finance department An examination team shall, when handing in a report on public finance examination, simultaneously hand in such materials as administrative Article 25 A report on public finance examination shall include such contents as follows: (1) The brief introduction of the examinee; (2) The scope, contents, means and time of the examination; (3) The implementation of regulations on finance and taxes by the examinee as well as the essential information on such administrative (4) The basic facts of fiscal illegal act of the examinee as well as the basis and evidence for confirmation; (5) The opinions or statement of the examinee; (6) Any other matter that shall be submitted to the finance department; and (7) The signature of the leader of the examination team as well as the date when the report on public finance examination is filed. Article 26 The finance department shall establish and perfect a check system of public finance examination, authorize the relevant internal functionary Where any functionary in charge of a check has any direct interest with the relevant examinee or examiner, he shall withdraw. Article 27 The relevant functionary department or special personnel in charge of a check shall conduct the check to the report on public finance (1) Whether or not the facts as confirmed in the examination are clear; (2) Whether or not the evidence as obtained is true and ample; (3) Whether or not the procedures of examination are legal; (4) Whether or not the legal basis for confirming any illegal fiscal act is proper; (5) Whether or not the administrative treatment, suggestion on punishment or suggestion on transfer for treatment is appropriate; and (6) Any other matter that shall be checked. The relevant functionary department or special personnel shall, after a check on the report of the public finance examination, put Article 28 The finance department shall, after conducting an examination on a report of public finance examination and relevant opinions on check, (1) Drawing a conclusion on examination for an examinee without illegal fiscal act; (2) Drawing a decision on administrative treatment or punishment to any examinee with illegal fiscal act in accordance with law; or (3) Transferring any matter that doesn’t belong to the power limit of this department. In the case of any great difference between the report on public finance examination and the relevant opinions on check, the finance Article 29 The finance department shall, when drawing any decision on administrative treatment or punishment, formulate a decision letter on (1) The name or post_title and address of the party involved; (2) The facts in violation of any law, regulation or rule and the relevant evidence; (3) The categories and basis of administrative treatment or punishment; (4) The means and time limit for the performance of administrative treatment or punishment; (5) In the case of dissatisfaction with the relevant administrative treatment or punishment, the means and time limit to apply for an (6) The name of the finance department that has made a decision on administrative treatment or punishment as well as the date when the Article 30 The finance department shall, before making any decision on administrative punishment, notify the party involved of the facts, reasons Any party involved has the right to make statement and defense. The finance department shall fully solicit the opinions of the party Article 31 The finance department shall, before making any decision on administrative punishment where about the right to hold a hearing shall When the finance department holds a hearing, it shall implement the hearing in accordance with the provisions of the Measures for Article 32 The finance department shall, after making a decision on administrative treatment or punishment, send a Decision Letter on Administrative The Decision Letter on Administrative Treatment or Punishment shall become effective as of the day of sending. Article 33 Any party involved who is dissatisfied with any administrative treatment or punishment may apply for an administrative check or lodge During the period of any administrative check or administrative litigation, the implementation of the relevant administrative treatment Article 34 The finance department shall conduct supervision and examination over the implementation of the relevant administrative treatment Article 35 Where any examinee has any illegal fiscal act, the finance department may proclaim the illegal fiscal act thereof as well as the relevant Article 36 Where any public finance examination is concluded, the finance department shall do a good job in filing for records of the relevant Article 37 Where any functionary of the finance department abuses his power, neglects his duty or misconduct for self-seeking in any public finance Article 38 The finance department shall, when finding any serious problem that may influence the implementation of policies for finance and taxes Article 39 Any accounting examination as implemented by the finance department shall be applicable to the present Measures as well as the Measures Article 40 The present Measures shall go into effect as of March 1, 2006. The Rules on the Public Finance Examination (Cai Jian Zi [1998] No.223) |
Ministry of Finance
2006-01-26