Tiếng Việt
中文The annual report on governance and organizational structure of state-owned enterprises must be disclosed in Vietnamese, fully, accurately and promptly. From 01/3/2025, the Ministry of Planning and Investment was merged into the Ministry of Finance (Decree 29/2025/ND-CP); state management functions regarding enterprises and information disclosure by state-owned enterprises are now performed by the Ministry of Finance. The current legal framework: the Law on Management and Investment of State Capital in Enterprises 2025 (No. 68/2025/QH15) and Decree 365/2025/ND-CP.
1. In what language must the annual governance and organizational structure report be disclosed?
In Vietnamese. Under Clause 3, Article 41 of Decree 365/2025/ND-CP, the principles of information disclosure on state-owned enterprise operations are: disclosure must be full, accurate and timely; the language of disclosure is Vietnamese; electronic document names must correspond to the type of disclosed report; online-disclosed reports have the same legal validity as paper copies; disclosed reports must be maintained on the electronic portal or website of the owner’s representative agency and the Ministry of Finance for at least 05 years; disclosed contents must not contain state secrets.
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2. Which form is used for the annual governance and organizational structure report?
Enterprises prepare the annual report on governance and organizational structure using the form in the appendix of the decree guiding information disclosure on state-owned enterprise operations (replacing the form in Appendix II of Decree 47/2021/ND-CP). Enterprises should check the latest form in the appendix of Decree 365/2025/ND-CP and the guiding documents before preparing, converting to electronic data and publishing.
3. When may a state-owned enterprise defer information disclosure?
A state-owned enterprise may defer information disclosure where it cannot meet the deadline due to force majeure or needs the approval of the owner’s representative agency for contents subject to disclosure restrictions. The enterprise must report the deferral to the owner’s representative agency; announce the deferral on the enterprise’s website; and disclose immediately after the force majeure event is remedied or the owner’s representative agency’s opinion is obtained.
Notes on applying current legal provisions
The Ministry of Planning and Investment was merged into the Ministry of Finance under Decree 29/2025/ND-CP (from 01/3/2025). The current disclosure framework for state-owned enterprises is Law No. 68/2025/QH15 and Decree 365/2025/ND-CP. Decree 47/2021/ND-CP should be checked against the new rules when applied. To determine the applicable report form and deferral procedure, please contact an ANT Legal lawyer at 0966.475.966.
Common risks to note
A power of attorney for information disclosure or a deferral procedure still naming the former authority (the Ministry of Planning and Investment) may be deemed procedurally incorrect. Enterprises should update the receiving contact points under the Ministry of Finance’s new organizational structure.
How can ANT Legal help?
ANT Legal assists with advice on information disclosure obligations of state-owned enterprises, reviewing report forms, authorization and deferral procedures for information disclosure.
For quick advice, you may contact a lawyer at 0966.475.966.
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