D. Setting Accounting and Auditing Standards
33. The Accounting Law, Article 18, requires that accounting standards are
decided by the Prime Minister upon proposal of the Minister of Finance. For
statutory reporting purposes, companies continue to submit to the Taxation Department
unaudited annual financial statements in accordance with the Lao Accounting System.
When audits are carried out, LICPA members have been required to use the last
translated version of ISA 1995. Two units exist within the MOF Accounting Department
to develop accounting and auditing standards. IFRS 2003 has recently been translated
into the Lao language as have 28 standards from ISA 2005. It is the intention of the
Ministry of Finance to introduce these standards as Lao Accounting Standards and Lao
Standards on Auditing in the near future. This presents two critical issues: First, the
versions of ISA translated for use are out of date; and second, IFRS is not applicable to
medium-size and small entities. Non-availability of the current versions of IFRS and ISA
causes problems for practicing accountants and auditors in Lao PDR in the same way as
in many other developing countries.11
34. Although the Ministry of Finance is mandated to set the accounting standards,
it lacks resources. With insufficient budget and limited professionally qualified staff,
the MOF Accounting Department operations are constrained. This hinders timely
adoption and updating of IFRS and issuing guidance with respect to practical application
of these standards. The MOF Accounting Department, the Accounting Council, and the
LICPA lack capacity to review and interpret critical topical issues and provide required
advice to the professional community. Preparers of financial statements therefore
generally seek the advice of auditors on technical matters.
35. Banks are required to submit financial statements to the Bank of Lao PDR
PDR in accordance with a prescribed chart of accounts. The existing chart of
accounts was introduced in 1997. A revised chart of accounts is being implemented
at the present time. However, the revised chart of accounts does not reflect recent
changes (2008 onwards) in the IFRS. Given the complexity of the modern financial
environment, the 1997 chart of accounts does not enable banks to present financial
statements that show a true and fair view. Reliance is placed on the services of the two
international audit firms to help submit true and fair financial statements. There is
confusion as to whether financial statements are submitted in accordance with the 1997
accounting system, or current IFRS. The Bank of Lao PDR also issues prudential
regulations that have an impact on preparation of general purpose financial statements.
11 English version of the current ISA may be accessed at the following website:
http://www.ifac.org/IAASB/index.php. The summaries of the current English version of IFRS, may be
accessed at the following website: http://www.iasplus.com/index.htm
Lao PDR -- ROSC Accounting and Auditing 10
Annual returns submitted by the 16 banks registered with the Bank of Lao PDR are
reviewed by both the BOL Supervisory and Accounting Departments. Only the BOL
Accounting Department reviews returns for compliance with accounting requirements,
but does not have any professionally qualified accountants on staff. Given the challenges
of bank accounting, the BOL Accounting Department lacks the capacity to carry out this
role effectively.
E. Enforcing Accounting and Auditing Standards
36. Although the Accounting Law Articles 84 to 87 detail potential sanctions for
infringement, there is no clear and effective mechanism for enforcing the corporate
accounting, financial reporting, and auditing requirements. This situation is
compounded by lack of any system to report noncompliance. The Accounting Law does
not define which entities are to ensure enterprises’ compliance with applicable
accounting, financial reporting, and auditing requirements; and what type of control the
authorities should exercise in that matter. This has resulted in complete absence of
monitoring and enforcement activities with regard to applicable standards.
37. The LICPA does not have the capacity to carry out necessary quality control
review of monitoring and enforcement activities. Auditors are not subject to practice
review, and there is no effective mechanism for disciplinary action in cases of violation
of applicable standards. A review mechanism would help ensure that audit firms have
adequate quality control arrangements and that they are carrying out audits in accordance
with ISA.
38. The Taxation Department does not receive IFRS training. Financial reporting in
Lao PDR is heavily influenced by taxation considerations. It is therefore essential that the
Taxation Department understand the reasons for adopting IFRS and also its technical
requirements.
39. Lack of implementation guidance prevents local audit firms from properly
understanding or being able to comply with ISA. Lack of guidance has also prevents
local accountants from being able to understand or apply IFRS when required. This has
contributed in some cases to a knowledge gap among preparers and auditors of financial
statements. Consequently, it raises a possibility of applying the standards inconsistently
and resulting in compliance gaps between standard requirements and actual practices.
Lacking access to modern audit practice manuals, many audit practitioners are unable to
deal with important concepts like audit risk, audit planning, internal control, materiality,
documentation, going concern, and quality control.
40. The Law on Commercial Banks establishes BOL authority to enforce
accounting regulations and conduct supervision. However, the BOL Supervision
Department focuses more on prudential reporting than on general purpose financial
reporting. The BOL Accounting Department, which does not include any professionally
qualified accountants, carries out limited reviews of financial statements to ensure
compliance with the required accounting system. Banks are required to submit financial
Lao PDR -- ROSC Accounting and Auditing 11
statements in accordance with the system and chart of accounts developed in 1997. There
is a clear need for enhancing BOL staff technical capabilities, particularly in terms of
practical application of accounting standards with regard to monitoring and enforcement
of financial reporting requirements. Banking supervisors have expertise in the legal and
compliance issues outlined in different official pronouncements of the Bank of Lao PDR
and can challenge banks where differences arise. However, they need to have sufficient
technical accounting knowledge in order to effectively monitor and enforce compliance
with regard to applicable accounting and auditing standards. The Law on Commercial
Banks, Part VI outlines sanctions against violators. Such a system of sanctions can only
be expected to operate effectively if the relevant supervisors have the necessary technical
skills to identify issues of concern.
41. The Department of State Owned Enterprise Financial Management does not
monitor compliance by insurance companies with accounting standards mainly due
to its lack of technical capacity. There is no qualified actuary or professionally qualified
accountant on the staff of the Department of State-Owned Enterprise Fianancial
Management. This lack of expertise seriously limits capacity to verify whether the
provisions relating to insurance contracts are correctly calculated, which is one of the
most sensitive aspects of accounting by insurance companies.
III. ACCOUNTING STANDARDS AS DESIGNED AND AS PRACTICED
42. The Lao Accounting System (LAS) is not compatible with the current
requirements of IFRS. However, it has the benefit of being generally understood by
preparers of financial statements. This system is mandatory for all companies submitting
annual financial statements to the Taxation Department. For statutory financial reporting
purposes, all enterprises in Lao PDR follow the LAS. This system requires all enterprises
to complete a standard chart of accounts for submission to the MOF Taxation
Department. There is general acknowledgement that the gap between LAS and IFRS is
considerable. The standards gap analysis reveals that there are significant differences
between the accounting policies generally used and disclosures made under LAS for
statutory reporting purposes and those which would be required under IFRS.
43. The 2003 version of IFRS, with certain updates from IFRS 2005, has been
used by the Ministry of Finance to develop a set of proposed Lao Accounting
Standards. As yet, the proposed new standards have no legal backing. Since 2005, the
IASB has issued several new standards, and updated or repealed others. None of these
changes are reflected in the proposed Lao national standards. As a consequence, many of
the newly IASB-issued standards will not be applied in Lao PDR, and some national
proposed standards will be out of date. In addition, the interpretations issued by the
Standing Interpretations Committee and its successor International Financial Reporting
Interpretation Committee (IFRIC), which are integral components of IFRS, have not been
adopted in Lao PDR.