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. |
|
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. |
|
Capital disposition or acquisition |
No specified. |
No specified. |
At least 25% of their equity within a tax period. |