What Are The Applicable Scope Of The Accounting Law?

The scope of application of the accounting law is determined by its object of adjustment and social function.

Generally speaking, it includes three aspects:

First, the scope of validity of the accounting law.

The object of adjusting the accounting law is the supervision and management relationship between accounting institutions, accountants and their leaders and the accounting authorities and relevant organs.

According to the object of adjustment of the accounting law,

There are two categories of people: first, the units and individuals who handle accounting affairs, including state organs, social organizations, companies, enterprises, institutions and other organizations. Two, the competent authorities and relevant organs, including financial departments at all levels, as well as auditing, taxation, people's Bank, securities supervision, insurance supervision and other departments.

What we need to pay attention to is:

(1) others

It refers to the social organizations other than state organs, social organizations, companies, enterprises and institutions, which should set up accounting books and carry out accounting in accordance with the law, such as villagers committees in rural areas and resident offices in foreign countries.

(2) the company shall be listed within the scope of application.

This is the adaptive adjustment made from the reality of our country.

As an organization form of an enterprise, the company should be included in the "enterprise". However, our laws have different requirements for setting up conditions and organizational structures for enterprises and corporate enterprises. In particular, the accounting rules, information disclosure and violation penalties are different from those of general enterprises, including the criminal law.

(3) it does not include the "individual industrial and commercial households" in the scope of application, but authorizes the Ministry of finance to separately stipulate its accounting rules.

Second. The scope of validity of the accounting law in space.

The accounting law does not specify the scope of application of the territory. According to the custom of our law, it should be understood that it applies to the field of People's Republic of China.

According to international practice, Chinese investment enterprises outside China shall be established on the basis of the laws of the host country, belong to the legal person in the host country, and shall execute the laws of the host country and shall not be bound by Chinese laws.

However, these enterprises are providing financial accounting reports and others to China.

It should be carried out according to the requirements of domestic laws and investors.

Third, the scope of validity of the accounting law in time.

The scope of validity of the accounting law in time should be interpreted as: from May 1, 1985 onwards, the accounting law promulgated in January 21, 1985 will have legal effect.

Since December 29, 1993, the provisions of the revised accounting law have been legally effective, and the effectiveness of the provisions before the termination of the accounting law.

Since July 1, 2000, the accounting law promulgated by the 31 revision of October 1999 has been legally effective, and the validity of the accounting law before the termination of the amendment has been terminated.

The revised accounting law has no retrospective effect on accounting behavior before July 1, 2000.