Identifying beneficial owners under Decree No. 296/2026/ND-CP
In the trend toward greater transparency in corporate governance and identifying the individuals ultimately behind investment activities, regulations on beneficial owners (“ BOs ”) play an important role in enterprise registration law. On July 23 rd , 2026, the Government issued Decree No. 296/2026/ND-CP amending and supplementing Decree No. 168/2025/ND-CP on enterprise registration (“ Decree 296 ”), further refining the mechanism for identifying BOs by looking not only at ownership percentages but also at actual control. These provisions are particularly relevant to foreign direct investment (“ FDI ”) enterprises with multi-tier ownership structures, as identifying BOs requires looking through the ownership chain and governance rights. 1. The 25% threshold is an important identification criterion: Under Article 3 of Decree 296 , a BO is an individual who ultimately, directly or indirectly, owns or exercises actual control over an enterprise with legal entity status, except...