Tiếng Việt
中文An enterprise with 100% state-owned charter capital being dissolved must disclose the dissolution decision: post it at its head office, branches and representative offices, and publish it on the National Business Registration Portal (Law on Enterprises 2020). The dissolution of a state-capital enterprise is carried out under Article 34 of the Law on Management and Investment of State Capital in Enterprises 2025 (No. 68/2025/QH15), enterprise law and the Government’s guiding documents.
1. Must the dissolution be published in a newspaper?
Yes. Under the Law on Enterprises 2020, within 07 working days from adoption, the dissolution decision must be sent to the business registration authority, the tax authority and the enterprise’s employees; publicly posted at the enterprise’s head office, branches and representative offices, and published on the National Business Registration Portal. At the same time, the enterprise must not carry out activities prohibited under Article 211 of the Law on Enterprises 2020 and must cease business operations, pay debts, close accounting books, take stock of assets, reconcile debts, and prepare financial statements up to the effective date of the dissolution decision.
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2. When is the dissolution decision issued and sent?
For an enterprise with 100% state-owned charter capital, the dissolution decision is issued by the competent person (the owner’s representative agency/the competent level under decentralization) and takes effect as decided. Article 34 of Law No. 68/2025/QH15 provides: dissolution is carried out under this Law, enterprise law and other related laws; the authority, order, procedures and financial settlement upon dissolution are detailed by the Government.
3. Responsibilities after the dissolution decision
– Organize the liquidation of the enterprise’s assets; debt payments follow the priority order in Clause 5, Article 208 of the Law on Enterprises 2020 (wage debts, severance allowances, social insurance, unemployment insurance, health insurance and other employee benefits; tax debts; other debts);
– After paying dissolution costs and debts, the remainder in proportion to state ownership is remitted to the state budget (Point c, Clause 1, Article 34 of Law No. 68/2025/QH15);
– Within 07 working days from the end of dissolution and full debt payment: prepare financial statements on dissolution for submission to the person who decided the dissolution; prepare the dissolution dossier under Article 210 of the Law on Enterprises 2020 and send it to the business registration authority where the enterprise was registered.
Notes on applying current legal provisions
The Law on Management and Use of State Capital 2014 (No. 69/2014/QH13) has been replaced by Law No. 68/2025/QH15 (effective from 01/8/2025); the detailed authority, order and procedures for dissolution are prescribed by the Government. Regarding Decree 23/2022/ND-CP, enterprises should check the latest decree guiding Law No. 68/2025 before applying. For advice, please contact an ANT Legal lawyer at 0966.475.966.
How can ANT Legal help?
ANT Legal assists with advice on dissolving state-capital enterprises: asset liquidation, debt payment, financial settlement and completing the dissolution dossier.
For quick advice, you may contact a lawyer at 0966.475.966.
