Question:
I understand that from July 1, 2025, enterprises will be required to declare their beneficial owners. I would like to ask how the declaration of beneficial owner information of an enterprise is carried out.
Answer: 1.Criteria for identifying the beneficial owner of an enterprise
Pursuant to Article 17 of Decree 168/2025/ND-CP, a beneficial owner of an enterprise is an individual who meets one of the following criteria:
- An individual who directly or indirectly owns at least 25% of the charter capital or 25% of the total voting shares of the enterprise;
- An individual who has control over at least one of the following matters:
- Appointment, dismissal, or removal of the majority or all members of the Board of Directors, Chairman of the Board of Directors, or Chairman of the Members’ Council;
- Legal representative, Director, or General Director of the enterprise;
- Amendment or supplementation of the enterprise’s charter;
- Changes in the management structure of the company;
- Reorganization or dissolution of the company.
In the case of indirect ownership, as regulated in Point a, Clause 1, Article 17, it refers to an individual who owns at least 25% of the charter capital or 25% of the total voting shares through another organization. 
2.Declaration of beneficial owner information
According to Article 18 of Decree 168/2025/ND-CP, from July 1, 2025, the enterprise founder or the enterprise itself is responsible for declaring and notifying the provincial business registration authority about the beneficial owners as follows:
Declaration of beneficial owner information includes individuals in the following cases:
- Individuals who are shareholders owning at least 25% of the total voting shares;
- Individuals who are members owning at least 25% of the charter capital of a partnership company or a multi-member limited liability company;
- Individuals who are the owners of a single-member limited liability company.
The enterprise founder or the enterprise may also identify other beneficial owners as stipulated in Point b, Clause 1, Article 17 of Decree 168/2025/ND-CP and declare and notify the provincial business registration authority (if any).
In addition, the enterprise must declare information on organizational shareholders owning at least 25% of the total voting shares.
Information to be declared for organizational shareholders includes:
- Name of the organization;
- Enterprise code or establishment decision number;
- Date and place of issuance;
- Registered address of the head office;
- Ownership percentage of total voting shares
Consulting reference: Business Law Services
