New credit regulations on related-party transactions proposed

A teller counts money at a credit institution’s branch. The finance ministry proposes a related party of a credit institution is an enterprise that directly or indirectly holds at least 20 per cent of the charter capital of a credit institution. — Photo tienphong.vn

HÀ NỘI — The Ministry of Finance (MoF) has proposed new regulations on determining related-party transactions between enterprises and credit institutions to fight against transfer pricing.

The proposal is under a MoF’s draft decree amending and supplementing Decree No. 132/2020/NĐ-CP regulating tax management for enterprises with related transactions.

In the draft decree, which it is making public for comments, the MoF proposes a related party of a credit institution is an enterprise that directly or indirectly holds at least 20 per cent of the charter capital of a credit institution. Both enterprises have at least 25 per cent of the owner’s capital contribution held directly or indirectly by a third party. The enterprise and the credit institution both have at least 20 per cent of the charter capital held directly or indirectly by a third party.

Under the draft decree, the MoF also proposes the State Bank of Vietnam coordinates and provides information for tax authorities if being required to identify enterprises with related-party transactions. The information includes foreign loans and debt repayments of each specific enterprise with related transactions, data on loan turnover, interest rates, interest and principal payment periods and actual capital withdrawals and debt repayments.

“The SBV should coordinate in providing information on related persons of credit institutions and associated enterprises of credit institutions when requested by the tax authority,” the MoF proposed.

According to the MoF, the amended regulations in the draft decree is aimed to make the decree to be consistent with the provisions of the newly-issued Law on Credit Institutions.

The revised Law on Credit Institutions, which took effect from early this month, is aimed at promptly legalising the Party’s policies and guidelines, improving the legal frameworks in the banking sector, meeting the requirements of restructuring the banking system, ensuring safe and sound banking operations and enhancing the transparency in accordance with the international standards and practices. — VNS