Some new regulations regarding land.

(Chinhphu.vn) - The Government has issued Decree No. 226/2025/ND-CP amending and supplementing a number of articles of the Decrees detailing the implementation of the Land Law.

Several new land regulations will come into effect on August 15, 2025.

Supplementing regulations on compensation for crops and livestock when the State reclaims land.

Specifically, Decree No. 226/2025/ND-CP adds Article 14a after Article 14 of Decree No. 88/2024/ND-CP dated July 15, 2024, which regulates compensation, support, and resettlement when the State recovers land, as follows:

Article 14a. Compensation for crops and livestock

1. In cases where compensation for perennial crops that yield multiple harvests as stipulated in Clause 2, Article 103 of the Land Law cannot be determined corresponding to the remaining years in the harvesting cycle, the compensation amount shall be calculated based on the actual value of the damage to the orchard.

2. In cases where the Provincial People's Committee considers issuing compensation rates for damage to crops and livestock as stipulated in Clause 6, Article 103 of the Land Law, but there are no production processes for crops and livestock issued by competent authorities, the issuance shall be based on the actual situation of the locality.

Amend regulations on deferring payment of land use fees when issuing Certificates of Land Use Rights and Ownership of Assets Attached to Land.

Decree No. 226/2025/ND-CP also amends and supplements several articles of Decree No. 101/2024/ND-CP dated July 29, 2024, of the Government regulating basic land surveys; registration and issuance of land use right certificates, ownership certificates for assets attached to land, and the Land Information System.

Accordingly, Decree No. 226/2025/ND-CP amends and supplements points a and c of Clause 11, Article 18 of Decree No. 101/2024/ND-CP, which regulates the deferral of land use fees when issuing Certificates of Land Use Rights and Ownership of Assets Attached to Land.

Thus, according to the new regulations, the provisions regarding the deferral of land use fees when issuing Certificates of Land Use Rights and Ownership of Assets Attached to Land are implemented as follows:

a) The subjects eligible for deferred payment of land use fees when issuing the Certificate of Land Use Rights and Ownership of Assets Attached to Land for the first time are individuals and households currently using the land who wish to defer payment;

b) The amount of land use fee recorded as a debt in the case stipulated in point a of this clause is the entire amount of land use fee payable at the time of issuance of the Certificate of Land Use Rights and Ownership of Assets Attached to Land;

c) The procedures for recording, paying, and writing off land use fees for households and individuals who are granted land use fee debt under this clause shall be carried out in accordance with the laws on land use fee and land lease fee collection.

The land use fee payment period for the subjects specified in point a of this clause is calculated until the land user exercises the right to convert, transfer, donate land use rights, mortgage, or contribute capital using land use rights, and must pay all outstanding land use fees before exercising these rights; in the case of donation or inheritance of land use rights, the recipient of the donation who belongs to a poor household, a near-poor household, or the heir may continue to have the debt recorded.

d) In the case of individuals allocated resettlement land, the recording of land use fee debts shall be carried out in accordance with the provisions of the Decree on compensation, support, and resettlement when the State recovers land;

d) The deferral of land use fees for the subjects specified in point a) of this clause shall be applied for the period from August 1, 2024 to July 31, 2029. The payment and cancellation of land use fees shall be carried out in accordance with the provisions of the law on land use fee and land lease fee collection.

In addition, Decree No. 226/2025/ND-CP also supplements Clause 12 of Article 18 of Decree No. 101/2024/ND-CP as follows:

When registering changes in land ownership for households and individuals, if a survey is conducted to re-determine the dimensions and area of ​​the land parcel, and at the time of receiving all necessary documents, the processing agency has not received any written notice from a competent authority regarding administrative penalties for land encroachment or illegal occupation, and the land user commits not to encroach on or illegally occupy land or acquire additional land area, then the land parcel boundaries are determined to remain unchanged compared to the boundaries at the time the land certificate was issued.

Conditions for organizations providing consulting services for the preparation of provincial-level land use plans and commune-level land use plans.

At the same time, Decree No. 226/2025/ND-CP amends and supplements a number of articles of Decree No. 102/2024/ND-CP dated July 30, 2024, which details the implementation of a number of articles of the Land Law.

Specifically, Decree No. 226/2025/ND-CP adds Article 23 after Article 22 of Decree No. 102/2024/ND-CP as follows:

Article 23. Consulting on the preparation of provincial-level land use plans and commune-level land use plans.

1. Conditions for organizations providing consulting services for the preparation of provincial-level land use plans and commune-level land use plans.

a) Organizations providing consulting services for provincial-level land use planning and plans must have at least one consulting expert who meets one of the conditions specified in points a and b of Clause 2 of this Article, and at least five consulting experts who meet the conditions specified in point c of Clause 2 of this Article;

b) Organizations providing consulting services for land use planning at the commune level must have at least one consulting expert who meets one of the conditions specified in points a and b of Clause 3 of this Article, and at least five consulting experts who meet the conditions specified in point c of Clause 3 of this Article.

2. Experts in charge of preparing provincial-level land use plans and schemes must have a university degree or higher in a field related to land management and meet one of the following conditions:

a) Has chaired the preparation of at least one planning document at the same level or a higher level, or a land use plan at the same level or a higher level;

b) Has directly participated in the preparation of at least two planning documents at the same level or higher, or land use plans at the same level or higher;

c) Has directly participated in the preparation of at least one planning document at the same level or a higher level, or a land use plan at the same level or a higher level.

3. Experts in charge of preparing land use plans at the commune level must have a university degree or higher in a field related to land management and meet one of the following conditions:

a) Has chaired the preparation of at least one planning document at the same level or a higher level, or a land use plan at the same level or a higher level;

b) Has directly participated in the preparation of at least two planning documents at the same level or higher, or land use plans at the same level or higher;

c) Has directly participated in the preparation of at least one planning document at the same level or a higher level, or a land use plan at the same level or a higher level.

4. The selection of consulting organizations for the preparation of provincial-level land use plans and commune-level land use plans shall be carried out using the contractor selection methods prescribed by the law on bidding and the law on assigning tasks and ordering the supply of public products and services using state budget funds.

Amend the procedures for land reclamation due to violations of land law.

Decree No. 226/2025/ND-CP also amends and supplements Clause 3 and Point a of Clause 7, Article 32 of Decree No. 102/2024/ND-CP (procedures for land recovery due to violations of land law). Accordingly, the procedures for land recovery due to violations of land law are as follows:

1. Conditions for land reclamation due to violations of land law are stipulated in Article 81 of the Land Law.

a) In cases where the violation warrants administrative sanctions, within 30 days from the date of receiving the document from the competent authority or person authorized to impose administrative sanctions regarding the recommendation to revoke land due to the land user's continued violations, the land management agency shall submit a proposal to the competent state management agency to revoke the land as stipulated in Article 83 of the Land Law;

b) For violations not subject to administrative penalties, land recovery shall be carried out after a conclusion is reached by the competent inspection or auditing agency regarding the cases requiring land recovery.

2. After receiving the documents and materials from the competent authority as stipulated in Clause 1 of this Article, within 30 days, the land management agency shall prepare a land recovery dossier and submit it to the People's Committee at the competent level for land recovery. The dossier includes:

a) Report on land reclamation;

b) Draft Decision on land revocation according to Form No. 01d in the Appendix issued with this Decree;

c) Documents transferred by competent state agencies as stipulated in Clause 1 of this Article.

3. Within 10 days from the date of receiving the dossier, the Chairman of the competent People's Committee is responsible for notifying the land owner, the owner of assets attached to the land, and persons with related rights and obligations (if any) about the land reclamation. The land owner, the owner of assets attached to the land, and persons with related rights and obligations regarding the assets specified in Clauses 2 and 3 of Article 105 of the Land Law are responsible for handling the assets on the land within the time limit specified in the land reclamation notice from the date of receiving the notice, but not exceeding 45 days, except in the case specified in Clause 7 of this Article.

4. Within 15 days from the end of the land reclamation notice period stipulated in Clause 3 of this Article, the competent People's Committee shall be responsible for issuing a land reclamation decision and directing the implementation of the land reclamation decision. In case the land user fails to comply, the land reclamation decision shall be enforced.

5. Responsibilities of the landowner whose land is being expropriated.

a) Comply with the decision to reclaim the land;

b) Hand over the land and land use right documents to the competent authority or person as stipulated in the land revocation decision.

6. Responsibilities of the competent People's Committee

a) Notify land users of the land reclamation and publish the notice on the portal or website of the provincial and district People's Committees;

b) Directing the handling of the remaining value of the investment in land or assets attached to the land (if any) in accordance with the law;

c) Directing the People's Committees at the district level to organize the enforcement of land recovery decisions as stipulated in Article 39 of this Decree;

d) Allocate funds for the enforcement of land reclamation.

7. Handling of assets on the land and the remaining value of assets of the landowner whose land is being reclaimed.

a) In cases of land reclamation as stipulated in Clause 6, Article 81 of the Land Law, the value of assets shall be determined at the time the land reclamation decision is made by the Asset Valuation Council. Within 10 days from the date of the land reclamation decision, the land management agency shall submit a proposal to the competent authority to establish an Asset Valuation Council.

The remaining asset value after deducting land acquisition costs, including land acquisition documentation costs, land acquisition enforcement costs (if any), asset valuation costs, and other land acquisition costs, shall be reimbursed to the owner of the assets attached to the acquired land within no more than 30 days from the date the other investor to whom the State has allocated or leased land pays financial obligations equal to or greater than the aforementioned reimbursement amount.

b) In cases of land reclamation as stipulated in Clause 7, Article 81 of the Land Law, within 12 months from the date of the land reclamation decision, the owner of assets attached to the reclaimed land may sell the assets in accordance with the law. If, after the aforementioned period, the land user fails to sell their assets attached to the land, the State will not compensate for those assets. The owner of the assets must dismantle the assets themselves and return the land to the State within the timeframe specified in the land reclamation decision. If they fail to do so, the competent state agency will enforce the land reclamation in accordance with regulations.

In cases where investors acquire assets attached to land from landowners whose land is being reclaimed, the State will allocate or lease the land to them in accordance with the law.

Amend the procedures for approving the conversion of land use from rice cultivation land, special-use forest land, protection forest land, and production forest land to other purposes.

Furthermore, Decree No. 226/2025/ND-CP also amends and supplements Article 50 of Decree No. 102/2024/ND-CP, which stipulates the procedures for approving the conversion of land use purposes for rice cultivation land, special-use forest land, protection forest land, and production forest land to other purposes as prescribed in Clause 1, Article 122 of the Land Law, as follows:

The land management agency at the commune level is responsible for compiling the needs and creating a list of projects requiring the conversion of land use from rice cultivation land, special-use forest land, protection forest land, and production forest land to implement investment projects in the area, except for cases specified in Clause 4, Article 67 of the Land Law.

The People's Committee at the commune level submits to the People's Committee at the provincial level for approval the list of projects requiring land use conversion that include rice paddy land, special-use forest land, protection forest land, and production forest land.

The provincial People's Committee shall issue a document approving the list of projects requiring land-use conversion that include rice paddy land, special-use forest land, protection forest land, and production forest land.

For cases involving the conversion of land use from rice cultivation land, special-use forest land, protection forest land, and production forest land to other purposes that do not require the preparation of an investment project as stipulated by investment law, the above procedures do not need to be followed.

Evaluating and approving the land use rights auction plan.

Decree No. 226/2025/ND-CP also amends and supplements Clause 4, Article 55 of Decree No. 102/2024/ND-CP on the appraisal and approval of land use right auction plans.

According to the new regulations, in cases where land use rights are auctioned under the authority of the Chairman of the People's Committee at the commune level to allocate or lease land, the commune-level land management agency shall inspect and complete the dossier and submit it to the Chairman of the People's Committee at the commune level for approval of the land use rights auction plan.

In cases where the auction of land use rights falls under the authority of the Chairman of the Provincial People's Committee to allocate or lease land, the provincial land management agency shall inspect and complete the dossier and submit it to the Chairman of the Provincial People's Committee for approval of the land use rights auction plan.

Decree 226/2025/ND-CP takes effect from August 15, 2025.

The following regulations cease to be effective from the date Decree No. 226/2025/ND-CP comes into effect: Decree No. 96/2019/ND-CP dated December 19, 2019 of the Government stipulating the land price framework; Decree No. 26/2021/ND-CP dated March 25, 2021 of the Government detailing a number of articles of Resolution No. 132/2020/QH14 dated November 17, 2020 of the National Assembly piloting a number of policies to resolve difficulties and outstanding issues in the management and use of national defense and security land combined with labor production and economic construction activities.

Phuong Nhi

Source: https://baochinhphu.vn/mot-so-quy-dinh-moi-ve-dat-dai-10225081618150637.htm