What is the definition of related parties according to auditing standards (independent audit)? How do the definitions of related parties differ according to accounting, independent audit, and tax provisions?

11/1/2023

What is the definition of related parties according to auditing standards (independent audit)?

According to paragraph 10, VSA 550 Related parties,

Related party – A party that is either

(i)       A related party as defined in the applicable financial reporting framework; or

(ii)      Where the applicable financial reporting framework establishes minimal or no related party requirements:

a.       A person or other entity that has control or significant influence, directly or indirectly through one or more intermediaries, over the reporting entity;

b.       Another entity over which the reporting entity has control or significant influence, directly or indirectly through one or more intermediaries; or

c.       Another entity that is under common control with the reporting entity through having:

i.        Common controlling ownership;

ii.        Owners who are close family members, or

iii.       Common key management.

However, entities that are under common control by a state (that is, a national, regional or local government) are not considered related parties unless they engage in significant transactions or share resources to a significant extent with each other.

 

How do the definitions of related parties differ according to accounting, independent audit, and tax provisions?

Benchmark

Accounting

Independent audit

Tax (Decree No. 132/2020/NĐ/CP)

Control right/ significant influence

Has control, or is under control, directly or indirectly through one or more intermediaries.

Has control or significant influence, directly or indirectly through one or more intermediaries.

  • Participates directly or indirectly in at least 25% of the other enterprise’s equity;
  • An enterprise is the shareholder having the greatest ownership interest and participates directly or indirectly in at least 10% of total share capital of the other enterprise;
  • Has at least 25% of its equity held, whether directly or indirectly, by a third party;
  • Appoints member of the executive board that has the right to decide financial policies or business activities or the number of members appointed accounts for more than 50% of total number of members of the executive board responsible for the leadership or control;
  • Has its business activities managed, controlled or decided de facto by the other enterprise;

Control of one individual

Has voting power directly or indirectly

Common controlling ownership

Capital of an individual participation in two enterprises or his direct involvement in the administration of two enterprises.

Management

Common key management.

Common key management.

Have more than 50% of membership of the executive board or have one member of the executive board authorized to decide financial policies or business activities who is appointed by a third party.

Relationship between executive individuals

Parent, spouse, progeny, siblings

Close family members

Wife, husband, natural/foster father, natural/foster child, natural/foster older/younger sibling, brother/sister-in-law, maternal/paternal grandfather/grandmother, maternal/paternal grandchild, and maternal/paternal aunt, uncle and nibling.

Office relationship

No specified.

No specified.

Both business entities have transactions, either between their head offices and permanent establishments or between permanent establishments of overseas entities or individuals.

Guarantee or loan

No specified.

No specified.

  • The loan amount equals at least 25% of equity of the borrowing enterprise and makes up for more than 50% of total medium and long term debts of the borrowing enterprise;
  • At least 10% of their equity performed at the transaction time falling within a tax period with a person holding the executive office or the controlling interest in the enterprise, or with a person in one of close relationships.

Capital disposition or acquisition

No specified.

No specified.

At least 25% of their equity within a tax period.