What is a state-owned enterprise (SOE)? What is a private enterprise? What is the difference between a state-owned enterprise and a private enterprise? Find out with fdiinvietnam.com!
What is a state-owned enterprise (SOE)?
In Chapter IV of the 2020 Enterprise Law, it is defined that state-owned enterprises include:
- Enterprises with 100% state-owned charter capital;
- Enterprises with more than 50% state-owned charter capital or total voting shares.
Also according to the Enterprise Law 2020, state-owned enterprises are managed in the form of limited liability companies and joint stock companies, including:
- Enterprises with 100% state capital are in the form of single-member LLCs;
- Enterprises in which the State holds more than 50% of the charter capital or total voting shares are in the form of limited liability companies with 2 or more members and joint stock companies.
The above state-owned enterprises may be:
- Independent company;
- Parent company of economic group;
- Parent company of state-owned corporation;
- Parent company of parent company and subsidiary group.
What is a private enterprise (PE)?
Article 4 of the Enterprise Law 2020 defines an enterprise as an organization:
- Have own name, assets and transaction office;
- Registered business in accordance with the law.
Private enterprises are enterprises that are not owned and managed by the state, operate independently, and comply with legal regulations.
Note: The concept of “private enterprise” here is not the type of private enterprise specified in Chapter VII of the Law on Enterprises.
If state-owned enterprises only include LLCs and joint stock companies, then in this concept of private enterprises, you have 4 common types of enterprises as follows:
- Joint Stock Company;
- Limited Liability Company (including 1 member and 2 or more members);
- Partnership;
- Private enterprise.
You may be interested in:
>> Business establishment services;
>> Advantages and disadvantages of business types;
>> Conditions for establishing a company or enterprise.
Distinguish between state-owned enterprises and private enterprises
The difference between private enterprises and state-owned enterprises is shown through 4 criteria:
- Business owner;
- Form of existence;
- Scale of operations;
- Business line.
1. Business owner
State-owned enterprise | Private enterprise |
|
|
2. Form of existence
State-owned enterprise | Private enterprise |
|
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(*) The type of private enterprise is regulated in Chapter VII of the Law on Enterprises.
3. Scale of operation
State-owned enterprise | Private enterprise |
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The scale of operations varies, but the majority are small and medium sized. |
For example:
➧ For state-owned enterprises:
- Vietnam Electricity Group;
- Military Telecommunications Group;
- Vietnam National Petroleum Corporation;
- Vietnam Airlines
➧ For private enterprises:
- Hong Duc Company Limited;
- fdiinvietnam.com Consulting Services Company Limited;
- Vingroup Corporation;
- Hoa Phat Group Joint Stock Company.
4. Business lines
State-owned enterprise | Private enterprise |
Mainly operating in key economic sectors and exclusive business lines:
|
Operating within the scope of industries specified in Decision 27/2018/QD-TTg – Promulgating the system of economic sectors in Vietnam.
Note: Do not engage in business lines that are monopolized by state-owned enterprises. |
>> See more: Regulations on business codes when establishing a business .
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So, fdiinvietnam.com has just shared the differences between state-owned enterprises and private enterprises. In case you are looking for information on how to register a business as well as suitable types of enterprises, you can refer to the following articles:
>> Procedures for establishing companies and enterprises;
>> Popular types of businesses in Vietnam.
Or in case you need detailed advice on business types and quickly complete business establishment procedures, consider using Online Accounting.
➧ Business establishment service – business registration – full package from 1,000,000 VND.
➧ Online Accounting undertakes establishment procedures for all types of businesses including: joint stock companies, limited liability companies, private enterprises and partnerships.
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Questions about state-owned enterprises and private enterprises
1. What is a state-owned enterprise?
State-owned enterprises include:
- Enterprises with 100% state-owned charter capital;
- Enterprises with more than 50% state-owned charter capital or total voting shares.
State-owned enterprises are managed in the form of limited liability companies and joint stock companies.
2. What is a private enterprise?
Private enterprises are enterprises that are not owned or managed by the state, operate independently and comply with legal regulations.
>> Reference: Company establishment service – Save costs, optimize time.
3. What are the criteria for distinguishing between state-owned enterprises and private enterprises?
The difference between private enterprises and state-owned enterprises is shown through 4 criteria:
- Business owner;
- Form of existence;
- Scale of operations;
- Business line.
>> See details: Distinguishing between state-owned enterprises and private enterprises.
4. Do state-owned enterprises have legal status?
State-owned enterprises operate in the form of limited liability companies and joint stock companies. According to the Enterprise Law 2020, limited liability companies and joint stock companies have legal status from the date of being granted a certificate of enterprise registration.
Therefore, state-owned enterprises have legal status.
5. In which fields and industries are state-owned enterprises allowed to operate?
State-owned enterprises operate mainly in key economic sectors and monopoly business sectors, such as:
- Lottery;
- National power transmission system;
- Printing, minting and producing gold bars;
- Large-scale multi-purpose hydroelectric plants, nuclear power plants…
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