At the 10th Session, the 15th National Assembly passed a Resolution stipulating a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law.
This Resolution takes effect from January 1, 2026
Accordingly, the Resolution adds cases where the State reclaims land for national defense and security purposes as a drug rehabilitation facility managed by the People's Armed Forces.
Add 3 cases of land recovery for socio-economic development for national and public interests, including:
First, implement projects in free trade zones, projects in international financial centers.
Second, create a land fund to pay for the project under a construction - transfer contract (BT contract), to lease land to continue production and business in cases where an organization is using land that the State reclaims.
Third, in case of using land to implement a project through an agreement on receiving land use rights that has expired and must complete the agreement or the extension period must complete the agreement and has been agreed upon for over 75% of the land area and over 75% of the number of land users, the Provincial People's Council shall consider and approve the recovery of the remaining land area to allocate land and lease land to the investor.
In the third case, compensation, support and resettlement for the remaining land area of less than 25% will apply as in cases where the State reclaims land according to the provisions of the Land Law.
If the amount according to the compensation, support and resettlement plan is calculated on a unit of land area lower than the average of the agreed land price, the person whose land is recovered will receive an additional amount of less than that average.
The investor advances funds to pay the amount according to the compensation, support and resettlement plan and the difference between the amount calculated at the average of the agreed land price and the amount according to the compensation, support and resettlement plan; this difference is included in the investment cost of the project.
The Resolution also stipulates the conditions for land recovery for national defense, security, and socio-economic development for national and public interests, which are to complete the approval of compensation, support, resettlement plans and resettlement arrangements according to the provisions of the Land Law, except in the following cases:
Land recovery in cases where the compensation, support and resettlement plan does not have a resettlement arrangement that has been publicly posted but has not been approved for important national projects and emergency public investment projects according to the provisions of the law on public investment, for other projects if more than 75% of land users agree to reclaim the land before approving the compensation, support and resettlement plan;
Land recovery before completing the resettlement arrangement in cases of emergency public investment projects according to the provisions of law on public investment, projects implementing on-site resettlement, and projects where resettlement is arranged along the main construction route.
The Government shall specify in detail the land recovery before approving the compensation, support, resettlement and land recovery plan before completing the resettlement arrangement.
