The National Assembly has passed a Resolution stipulating a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law. The Resolution takes effect from January 1, 2026.
Lawyer Pham Thanh Tuan - Hanoi Bar Association shares about new points on land recovery; compensation, support, and resettlement as follows:
1. Supplementing cases of State land recovery for socio-economic development for national and public interests
New point: Clause 2, Article 3 of the Resolution has added 3 groups of land acquisition projects for socio-economic development for national and public interests, including: (i) projects in free trade zones, projects in international financial centers; (ii) projects subject to agreements on receiving land use rights that investors have agreed on over 75% of the area and over 75% of the number of land users, the Provincial People's Council shall approve the recovery of the remaining area, and (iii) land acquisition to create land funds to pay for BT projects (combined projects), or to arrange leased land to continue production and business when the enterprise is granted land acquisition.
Impact: This regulation helps: create a clear legal corridor for large-scale commercial projects; increase the feasibility of projects that must be negotiated with many households thanks to support mechanisms when reaching a high consensus level; remove obstacles for BT projects and businesses that need to be re-allocated land to maintain operations when the State reclaims land. However, the scope of expansion also requires increased transparency and control of abuse risks.
2. Allowing land recovery before approving compensation plans in some cases
New point: According to the 2024 Land Law, land can only be reclaimed after the compensation, support and resettlement plan has been approved. Clause 3, Article 3 of the Resolution allows an exception in the following cases: (i) land recovery for which the compensation, support and resettlement plan (EIAP) does not require resettlement for important national projects or emergency public investment projects; for projects where more than 75% of land users agree to the recovery before approving the EIAP plan or (ii) land recovery before completing the resettlement arrangement with the emergency public investment project or the on-site resettlement project where the resettlement arrangement is arranged according to the main construction route. The Provincial People's Committee shall prescribe the arrangement of temporary residence and temporary residence period in cases of land recovery before completing resettlement.
Impact: This regulation creates flexibility, shortening the time to prepare for land recovery in urgent cases or when there is a high consensus of the people. At the same time, there is still a temporary residence mechanism to ensure the rights of people whose land is recovered.
3. Changes in the way land prices are calculated for compensation and resettlement land prices
New point: Clause 6, Article 3 and Clause 3, Article 5 of the Resolution regulating land prices for compensation calculation and land prices for calculating land use fees at resettlement areas are determined according to the formula: Price in the land price list × Land price adjustment coefficient (coefficient K).
Previously, the 2024 Land Law stipulated:
+ Compensation price = specific land price.
+ Land price for calculating land use fees at resettlement sites = land price list (no coefficient K).
Impact: The shift from specific land prices to land prices according to the × coefficient K price list in some cases may cause the compensation level to be lower than the previous specific land price method. On the contrary, the price of resettlement land may be higher due to the application of the K coefficient. Therefore, there needs to be a supplementary support policy to ensure the rights of people whose land is recovered and limit complaints.
4. Shortening the time to carry out land recovery procedures
New point: Clause 9, Article 3 of the Resolution shortens some time limits for land recovery procedures, including:
Land reclamation notice: 120 days for non-agricultural land (180 days before); 60 days for agricultural land (90 days before).
List compensation plan: 10 days (previously 30 days).
Deadline for organizing a dialogue when people do not agree with the compensation plan: no more than 30 days (before 60 days).
Impact: Significantly reduces the time for handling administrative procedures, helping to speed up the progress of investment projects.
5. Expanding the authority of the Government to regulate cases that are not compensated for land
New point: Clause 10, Article 3 of the Resolution assigning the Government to stipulate additional cases where compensation for land is not granted when the State reclaims land. Previously, these cases had to be regulated in the Land Law.
Impact: Many practical cases are not eligible for granting land use rights due to problems such as planning, disputes, and unidentified land origin... Assigning the Government to specify details helps to handle more flexibly and practically.
6. New regulations on other support measures
New point: Clause 12, Article 3 of the Resolution stipulates: Provincial People's Committees issue other measures and support levels to ensure housing and stabilize the lives of people whose land is recovered. The People's Committee at the commune level decides on the specific support level for each project.
Impact: Flexible support measures help make up for inadequacies when compensation prices according to the land price list are often lower than market prices or specific land prices before. Thereby limiting complaints and ensuring the safety of people whose land is recovered.
