23.

“related person” means any individual or organization that has a direct or indirect
relationship with an enterprise in the following cases:

a) The parent company, its executive and legal representative, and the person who has the power
to designate the executive officer of the parent company;

b) The subsidiary company, its executive and legal representative;

c) Any individual, organization or group of individuals or organizations that can influence the
enterprise’s operation through ownership, acquisition of shares/stakes or making corporal
decisions;

d) The enterprise’s executive, legal representative, controllers;

dd) Spouses, biological parents, adoptive parents, parents-in-laws, biological children, adopted
children, children-in-law, biological siblings, siblings-in-law and biological siblings of spouses
of the executive officer, legal representative, controllers, members/partners and shareholders
holding the controlling stakes/shares;

e) Any individual that is the authorized representative of the companies or organizations

mentioned in Point a, b and c of this Clause;

g) Any enterprise in which an individual, company or organization mentioned in Points a, b, c, d,

dd and e of this Clause has the controlling interest.

24. “executive of an enterprise means the owner of a sole proprietorship, a general partner of a
partnership, chairperson or member of the Member/Partner Assembly, President of a company,
President or member of the Board of Directors, Director/General Director, or holder of another
managerial position prescribed in the company’s charter.

25. “founder” means the individual or organization that establishes or contributes capital to
establish an enterprise.

26. “foreign investor” means an individual or organization as defined by the Law on Investment.

27. “stake” means the total value of assets that a member/partner has contributed or promises to
contribute to a limited liability company/partnership. “holding” means the ratio of a
member/partner’s stake to the charter capital of the limited liability company/partnership.

28. “public products and services” are essential products and services of a country, area or
community, thus have to be maintained by the State for assurance of common interests or
defense and security, and the costs of provision of which under market mechanism are hardly
recoverable.

29. “member” or “partner” means the individual or organization that holds part or all of charter
capital of a limited liability company or partnership.

Downloaded by Kat Kat (nghintt21411ca@st.uel.edu.vn)