From January 1, 2026, regulations on land acquisition, compensation, support, and resettlement are implemented according to Article 3 of Resolution 254/2025/QH15.
Clause 10, Article 3 has stipulated the cases where land compensation is not allowed when the State recovers land, including:
First, the cases specified in Clause 1, Article 107 of the Land Law. In which cases that are not compensated for land but are compensated for investment costs in remaining land when the State recovers land include:
- Land allocated by the State does not collect land use fees, except in cases where agricultural land of households and individuals is compensated for land specified in Article 96 of the Land Law;
- Land allocated by the State to organizations in cases where land use fees are collected but are exempt from land use fees;
- Land leased by the State to pay annual land rent; leased land to pay land rent once for the entire lease term but is exempt from land rent, except for cases specified in Clause 2, Article 99 of the Land Law;
- Land belonging to the agricultural land fund used for public purposes leased by commune-level People's Committees; land contracted for agricultural, forestry, aquaculture, and salt production;
- The allocated agricultural land area exceeds the limits specified in Article 176 of the Land Law.
Second, land managed by state agencies and organizations as prescribed in Article 217 of the Land Law. In which, land managed by state agencies and organizations is land that has not been allocated, has not been leased or has been allocated land for management, including:
- Land used for public purposes; land of rivers, streams, canals, streams, ponds, lakes, lagoons, lagoons; land of cemeteries, funeral homes, cremation facilities; land for ash storage facilities; land with specialized water surfaces; special-use forest land, protection forest land, production forest land; land recovered by the State and allocated to land fund development organizations for management;
- In addition, there are land recovered by the State and allocated to commune-level People's Committees for management; land handed over or transferred land use rights of foreign organizations with diplomatic functions when there is no need to use land implemented on the basis of international treaties, international agreements and relevant legal regulations; agricultural land used for public purposes of communes, wards, and towns; unused land.
Third, land recovered in cases specified in Article 81, Clause 1 and Clause 2, Article 82 of the Land Law.
Article 81 stipulates cases of using land for improper purposes that have been allocated, leased, recognized land use rights by the State and have been administratively sanctioned for the act of using land for improper purposes but continue to violate.
Other cases of land recovery due to violations of land law include land users destroying land and having been administratively sanctioned for the act of destroying land and continuing to violate; land allocated or leased to wrong subjects or not under proper authority;
Annual crop land, aquaculture land not allowed to be used for 12 consecutive months, perennial crop land not allowed to be used for 18 consecutive months, forest land not allowed to be used for 24 consecutive months and have been administratively sanctioned for not putting land into use according to the term stated in the administrative sanction decision;
Fourth, other cases are prescribed by the Government.
