In Article 23 of Decree No. 47/2021/ND-CP stipulates:

"Regularly published information

1. Enterprises with 100% charter capital held by the State must periodically disclose the following information:

g) Report and summary of the interim financial statements audited by an independent auditing organization, including the parent company's financial statements and the consolidated financial statements (if any) in accordance with legal regulations; law on corporate accounting; the deadline for publication is before July 31 of each year;"

In Article 7 of Law No. 03/2022/QH15 amending and supplementing a number of articles of the Law on Public Investment, the Law on Investment in the form of public-private partnership, the Law on Investment, the Law on Housing, the Law on Bidding, the Law on Electricity, the Law on Enterprises, the Law on Special Consumption Tax and the Law on Civil Judgment Execution stipulates:

"4. To amend and supplement Point d Clause 1 Article 109 as follows:

d) Report and summary of the mid-year financial statements, including the parent company's financial statements and the consolidated financial statements (if any); the announcement must be made before July 31 every year;".

Mr. Huynh Ngoc Duc asked, are the interim financial statements required to be independently audited?

The Ministry of Planning and Investment responded to this issue as follows:

According to the provisions of Point d, Clause 1, Article 109 of the Law on Enterprises No. 59/2020/QH14 and Point g, Clause 1, Article 23 of Decree No. 47/2021/ND-CP detailing a number of articles of the Law on Enterprises and companies A one-member limited liability company with 100% charter capital held by the State must periodically publish on the website of the company and the agency representing the owner the following information: The interim financial statements have been audited by an independent auditing organization; the disclosure deadline must be before July 31 of each year; including the parent company's financial statements and the consolidated financial statements (if applicable)”

Clause 4, Article 7 of Law No. 03/2022/QH15 (effective from March 1, 2022) stipulates to amend and supplement Point d, Clause 1, Article 109 of Law on Enterprises No. 59/2020/QH14 as follows: "d) Report and summarize the mid-year financial statements, including the parent company's financial statements and the consolidated financial statements (if any); the disclosure must be made before July 31 of each year;" 

Clause 1, Clause 2 and Clause 3, Article 156 of the Law on Promulgation of Legal Documents stipulates:

"1. Legal documents are applied from the time they come into effect. Legal documents are applied to acts occurring at the time when such documents are in effect. In accordance with the provisions of legal documents that took effect earlier, such provisions shall apply.

2. In case legal documents have different provisions on the same issue, the document with higher legal effect shall apply.

3. In case legal documents promulgated by the same agency contain different provisions on the same issue, the provisions of the later promulgated legal document shall apply.

Pursuant to the above provisions, the current Law on Enterprises does not stipulate that the interim financial statements of one-member limited liability companies with 100% charter capital held by the State must be independently audited.

The determination of the entities that must prepare interim financial statements and conduct independent audits of the interim financial statements (if any) is based on the accounting, auditing and relevant legal regulations. 

Suggest you consult the state management agency in charge of accounting and auditing to receive specific information for each type of business.