the Ministry of Finance Order of the Ministry of Finance of the People’s Republic of China No. 25 The Measures for the Registration of Certified Public Accountants have been adopted at the executive meeting of the Ministry of Finance. Minister of the Ministry of Finance, Jin Renqing January 22, 2005 Measures for the Registration of Certified Public Accountants Article 1 In order to regulate the registration of certified public accountants, the present Measures are formulated in accordance with the Article 2 The present Measures shall be applicable to the persons who apply for being registered as certified public accountants. Article 3 The institutes of certified public accountants of the provinces, autonomous regions, or municipalities directly under the Central A certified public accountant engaging in accounting work according to law shall have obtained a Certified Public Accountant Certificate Article 4 Whoever meets any of the following conditions and have engaged in auditing work within the territory of China for 2 years or more (1) Having passed the National Uniform Certified Public Accountants Examination; or (2) Having been lawfully determined or evaluated as eligible for being a certified public accountant. Article 5 An applicant may not be registered as a certified public accountant if he is under any of the following circumstances: (1) Being without complete civil capacity; (2) Having been given a criminal penalty and 5 years have not elapsed from the termination date of execution of the criminal penalty to (3) Having been given an administrative punishment, dismissed from his post or subject to any severer sanction because he committed any (4) Having been given a punishment that his Certified Public Accountant Certificate is revoked and 5 years have not elapsed from the day (5) His Certified Public Accountant Certificate being revoked because he obtains it by cheating, bribery or by any other improper means, (6) Not being a full-time professional in an accounting firm; or (7) Being more than 70 years old. Article 6 Anyone who applies for registration as a certified public accountant shall, via the accounting firm he works for, submit the following (1) A certified public accountant registration application (Annex 1.); (2) A photocopy of the certificate for passing all the subjects in the National Uniform Certified Public Accountants Examination; (3) A certification form certifying that the applicant has more than 2 years’ auditing experience(Annex 2.) issued by 2 certified public (4) Photocopy of the employment contract concluded between the applicant and the accounting firm he works for; (5) A photocopy of his valid identity card or identity certification (a foreigner shall submit the photocopies of this passport and visa, (6) A photocopy of the certification of his valid personnel archives or retirement certification (a foreigner, or a resident of Hong Kong, If the applicant has been lawfully determined or evaluated as eligible for being a certified public accountant, he shall submit relevant Article 7 An applicant and the accounting firm he works for shall be liable for the authenticity of the contents in the application materials. Article 8 An institute of certified public accountants at the provincial level shall, in the office for the acceptance of registration applications, Article 9 After receiving the application materials submitted by an applicant, the institute of certified public accountants at the provincial For those whose application materials are complete and meet the statutory formal requirements or who has submitted all the supplementary Article 10 In case the institute of certified public accountants at the provincial level accepts or rejects a registration application, it shall Article 11 The institute of the certified public accountants at the provincial level shall examine the contents of the application materials Article 12 In case the institute of certified public accountants at the provincial level makes a decision of approval of registration, it shall The institute of certified public accountants at the provincial level shall, within 20 working days after it makes the decision of Article 13 In case the institute of certified public accountants at the provincial level makes a decision of rejection of registration, it shall Article 14 The Ministry of Finance shall inspect the registration work carried out by each institute of certified public accountants at the provincial Article 15 The Chinese Institute of Certified Public Accountants and the institutes of certified public accountants at the provincial level shall Article 16 Where a certified public accountant is under any of the following circumstances, the local institute of certified public accountants (1) He has lost civil capacity completely; (2) He has been given a criminal penalty; (3) 1 year has elapsed since he stops the practice of certified public accountancy on his own initiative; or (4) He has obtained a Certified Public Accountant Certificate by cheating, bribery or any other improper means. Article 17 In case any of the personnel of the institute of certified public accountants at the provincial level approves a registration due Article 18 A deregistered person may re-apply for registration, but he shall meet the conditions as mentioned in Article 5 of the present Measures Article 19 Where a certified public accountant is under any of the following circumstances, the local institute of certified public accountants (1) He is deregistered or his Certified Public Accountant Certificate is revoked in accordance with the law; or (2) He isn’t a full-time professional in an accounting firm. Article 20 An institute of certified public accountants at the provincial level shall send a copy of deregistration decision to the local finance Article 21 If an certified public accountant violates Articles 20 and 21 of the Certified Public Accountants Law of the People’s Republic of In the imposition of administrative punishments, the Ministry of Finance and the local finance departments at the provincial level Article 22 If a party concerned who is given an administrative punishment or whose registration is revoked or canceled has any objection, he Article 23 The registration application filed by a resident in Hong Kong, Macao or Taiwan, or by a foreigner in light of the principle of reciprocity Article 24 The present Measures shall go into effect as of March 1, 2005. From the day when the present Measures go into effect, the Interim Measures for the Examination, Approval and Registration of Certified |
the Ministry of Finance
2005-01-22