The National Assembly finalized three more cases where the State will reclaim land starting in 2026.

This morning, with a majority of delegates voting in favor, the National Assembly passed a Resolution stipulating a number of mechanisms and policies to remove difficulties and obstacles in the implementation of the Land Law. The Resolution takes effect from January 1, 2026.

One of the notable aspects of this Resolution is the addition of three cases in which the State can reclaim land for socio-economic development in the national and public interest.

Firstly, the State will take responsibility for land acquisition to implement projects in free trade zones and international financial centers.

Secondly, in cases where land is used for a project through an agreement on land use rights that has expired or the extension period for completing the agreement has expired, but more than 75% of the land area and more than 75% of the land users have been agreed upon, the Provincial People's Council shall consider and approve the revocation of the remaining land to allocate or lease it to the investor.

If the compensation amount per unit area is lower than the agreed-upon average land price, the landowner whose land is being acquired will receive the difference. The investor will advance the funds to pay this difference, which will be included in the project's investment costs.

She means that land will be reclaimed to create a fund to pay for projects under Build-Transfer (BT) contracts, and to lease the land for continued production and business in cases where organizations are using land that the State reclaims as stipulated in Articles 78 and 79 of the Land Law, where the State will also undertake the land reclamation.

In addition to the three cases mentioned above, the new Resolution also adds the case where the State reclaims land for national defense and security purposes to build drug rehabilitation facilities managed by the people's armed forces.

The conditions for the State to undertake land acquisition in the aforementioned cases are that the compensation, support, and resettlement plan must be approved and the resettlement arrangements must be completed in accordance with the Land Law, except for certain cases such as:

Land acquisition may be carried out in cases where the compensation, support, and resettlement plan, which does not include resettlement arrangements, has been publicly posted but not yet approved for nationally important projects and urgent public investment projects as prescribed by law; for other projects, if more than 75% of land users agree to land acquisition before the compensation, support, and resettlement plan is approved;

Land acquisition before completion of resettlement arrangements is permitted for urgent public investment projects as stipulated by law, projects implementing on-site resettlement, and projects where resettlement arrangements are along the main construction route;

The government specifies the details of land acquisition before approving compensation, support, and resettlement plans, and land acquisition before completing resettlement arrangements.

The resolution requires provincial People's Committees to regulate the provision of temporary housing, the duration and cost of temporary housing for cases of land acquisition before the completion of resettlement arrangements.

Land prices for compensation and resettlement purposes shall be determined in accordance with the Land Law, based on the land prices in the land price table and the adjustment coefficients stipulated in this Resolution.

In cases where compensation is provided in the form of on-site residential land, and the land price at the compensated location is not included in the land price list, the competent authority shall base its decision on the land price in the land price list for a similar location to determine the land price at the resettlement site in the compensation plan.

The People's Committee at the commune level is responsible for reporting to the People's Committee at the provincial level so that it can submit the matter to the Provincial People's Council for inclusion in the land price list at the nearest meeting.

Regarding cases where land is not compensated when the State reclaims land, in addition to the six cases of non-compensation stipulated in Clause 1, Article 107 of the Land Law, the Resolution has added several more cases where land is also not compensated when the State reclaims land, including: Land managed by State agencies and organizations as stipulated in Article 217 of the Land Law; Land reclaimed in cases stipulated in Article 81, Clause 1 and Clause 82 of the Land Law; and other cases as prescribed by the Government.

Source: https://vtv.vn/quoc-hoi-chot-them-3-truong-hop-nha-nuoc-thu-hoi-dat-tu-nam-2026-100251211102540498.htm