1. New regulations on land acquisition, compensation, support, and resettlement
- Clause 1 and Clause 2, Article 3 of Resolution No. 254/2025/QH15 supplement cases where the State is allowed to reclaim land, notably including:
+ Land reclamation to build a drug rehabilitation facility managed by the armed forces;
+ Land reclamation to implement projects in free trade zones, international financial centers;
+ In case the area and land users are over 75% agreed upon but the agreement is not completed, the Provincial People's Council shall consider reclaiming the remaining area to hand over or lease the land to the investor.
- According to Clause 3, Article 3, in some special cases such as important national projects and emergency public investment projects, the State is allowed to reclaim land before completing resettlement arrangements, if it meets the conditions prescribed by law or is approved by the majority of people.
The provincial People's Committee is responsible for regulating temporary residence, time and temporary residence fees for these cases (Clause 4, Article 3).
- At the same time, according to Clauses 6 and 7, Article 3, compensation land prices and resettlement land prices are determined according to the land price list and land price adjustment coefficient, without having to wait for specific land prices to be determined.
In case the compensation level is lower than the average land price agreed, the person whose land is recovered will receive the difference, this cost will be advanced by the investor and will be included in the project cost.
2. New points on land allocation, land lease, and land use conversion
- Clause 1, Article 4 allows land allocation and lease according to project progress or recovery - compensation progress, creating conditions to speed up project implementation.
- According to Clause 4, Article 4, some cases of land allocation or lease without auction or bidding, such as:
+ Land for BT project payment;
+ Projects subject to land reclamation by the State but not using state capital;
+ Energy and tourism projects in particularly difficult socio-economic regions.
3. Regulations on land prices, land price lists and adjustment coefficients
- According to Article 7, the land price list is the main basis for calculating land use fees, land rents, compensation, taxes, fees, and penalties for administrative violations in the land sector.
The Provincial People's Council decides on the land price list and applies it from January 1, 2026; in case there is digital data, construction can be carried out on each plot of land.
- According to Article 8, the provincial People's Committee issues an annual land price adjustment coefficient, which can be adjusted during the year if necessary to suit the reality.
4. Regarding financial obligations on land
Article 10 of Resolution 254/2025/QH15 clearly stipulates:
- In case of exemption from land use fees and land rents, it is not necessary to carry out procedures to determine land prices;
- When changing the purpose of land use, especially for garden land and ponds in the same residential land plot, land use fees are calculated according to 30% - 50% - 100% difference, depending on area and limit.
5. Regarding land registration, land division, and issuance of Certificates
According to Article 11, the Resolution removes many practical obstacles, including:
- Allowing the sale of assets attached to land for annual rent when eligible;
- mortgage registration only needs to be updated in the land database, not required to be recorded on the Certificate;
- Separation of land plots, land consolidation are not required for the same land use purpose, and it is not necessary to change the purpose of the land for the path.
