Is the wholly-owned company of state-owned enterprise a state-owned enterprise or a private enterprise?

Legal analysis: the wholly-owned holding company of state-owned enterprises is of course a state-owned enterprise. The key to judge whether an enterprise is a state-owned enterprise is to look at the capital attribute of the controlling shareholder of this enterprise. The wholly-owned subsidiaries of state-owned enterprises are controlled by state-owned capital, which is of course the nature of state-owned enterprises.

Legal basis: People's Republic of China (PRC) Company Law.

Article 64 The provisions of this section shall apply to the establishment and organization of a wholly state-owned company. Where there are no provisions in this section, the provisions in the first and second sections of this chapter shall apply.

Article 65 The articles of association of a wholly state-owned company shall be formulated by the state-owned assets supervision and administration institution or by the board of directors and submitted to the state-owned assets supervision and administration institution for approval.

Article 66 A wholly state-owned company does not have a shareholders' meeting, and the state-owned assets supervision and administration institution shall exercise its functions and powers. The state-owned assets supervision and administration institution may authorize the board of directors of the company to exercise part of the functions and powers of the shareholders' meeting and decide on major issues of the company, but the merger, division, dissolution, increase or decrease of registered capital and issuance of corporate bonds of the company must be decided by the state-owned assets supervision and administration institution; Among them, the application for merger, division, dissolution and bankruptcy of an important wholly state-owned company shall be examined by the state-owned assets supervision and administration institution and reported to the people's government at the same level for approval. The important wholly state-owned companies mentioned in the preceding paragraph shall be determined in accordance with the provisions of the State Council.