The Government has issued Decree 49/2026/ND-CP (effective from January 31, 2026) detailing and guiding a number of articles of Resolution 254/2025/QH15 of the National Assembly stipulating a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law.
Specifically, in Clause 9, Article 13 of Decree 49/2026/ND-CP, Article 63a is added after Article 63 of Decree 102/2024/ND-CP stipulating cases of force majeure when extending land use as follows:
(1) Force majeure cases specified in points a, b, c, d, d, e and g, clause 1, Article 31 of Decree 102/2024/ND-CP, specifically:
- Natural disasters, environmental disasters;
- Fires, epidemics;
- War, national defense and security emergencies;
- Other cases according to the provisions of law on state of emergency;
- In cases where competent state agencies apply urgent temporary measures, seize, or freeze land use rights and assets attached to land according to the provisions of law, after which land users are allowed to continue to use land;
- Administrative decisions and administrative acts of competent state agencies are objective obstacles, not due to the fault of land users, directly affecting land use;
- Other cases are decided by the Prime Minister at the proposal of the Provincial People's Committee or the Minister of specialized management.
(2) In case the land user has submitted an application for extension according to the provisions of Clause 1, Article 64 of Decree 102/2024/ND-CP or has submitted an application for extension according to the provisions of Decree 151/2025/ND-CP but the land use term has expired and there is no decision to extend the land use term or no decision to recover land.
According to Clause 1, Article 64 of Decree 102/2024/ND-CP, within the time specified in Clause 3, Article 172 of the 2024 Land Law, land users who wish to extend land use when the land use term expires shall submit 01 set of dossiers requesting extension of land use at the dossier receiving and result-returning agency specified in Clause 1, Article 12 of Decree 102/2024/ND-CP. The dossier includes a land extension application form according to Form No. 08 in the Appendix issued together with this Decree and one of the following documents:
- One of the certificates specified in Clause 21, Clause 3, Clause 3, Article 256 of the 2024 Land Law;
- Decisions on land allocation, decisions on land lease, decisions allowing land use purpose conversion of competent state agencies in accordance with the provisions of land law through periods;
- Document from a competent authority allowing the extension of the operating term of an investment project or showing the operating term of an investment project according to the provisions of the law on investment for cases of using land to implement investment projects.
Clause 1, Article 64 expires because point c, clause 4, Article 21 of Decree 151/2025/ND-CP takes effect from July 1, 2025 (Decree 151/2025/ND-CP expires on March 1, 2027).
