Ho Chi Minh City: Many obstacles remain in the implementation of the Land Law.

The People's Committee of Ho Chi Minh City has just reported to the Ministry of Agriculture and Environment four difficulties and obstacles in implementing land acquisition, compensation, support, and resettlement according to the provisions of the Land Law and related decrees.

Many long-standing land-related complaints and lawsuits remain unresolved. In the photo: The Container Yard and Port Services Project (31.05 hectares) in Tan Phuoc ward is still facing land disputes from local residents. Photo: Quang Phuong

The People's Committee of Ho Chi Minh City has just submitted Report No. 3869/UBND-ĐT to the Ministry of Agriculture and Environment (MARD) assessing the implementation of the Land Law.

According to the report, regarding land use planning: Ho Chi Minh City has proactively and decisively implemented land use planning in accordance with the spirit of Resolution No. 254/2025/NQ-QH15 of the National Assembly, contributing to resolving bottlenecks in urban infrastructure. The city has completed the review and adjustment of the General Planning until 2040, with a vision to 2060, ensuring consistency between different levels.

Land acquisition, compensation, support, and resettlement are areas that have achieved many outstanding results, especially in the Ring Road 3 Project. The application of compensation policies close to market prices has contributed to accelerating the handover of land, with a large total payment value, demonstrating the effectiveness of the new mechanisms and policies.

The report indicates that by the end of Q1/2026, the total number of administrative procedures related to land received was 226,200 (44,158 carried over from the previous period); 179,373 have been resolved, and 38,532 are currently being processed.

Ho Chi Minh City points out four obstacles in the compensation, support, and resettlement work according to the Land Law and related decrees. In the photo: A plot of land in the High-Tech Park where land acquisition has been completed. Photo: Quang Phuong

Ho Chi Minh City has pointed out many difficulties and obstacles in compensation, support, and resettlement when the State reclaims land. Specifically: Clauses 1, 2, and 3 of Article 102 of the 2024 Land Law (effective from August 1, 2024) are inconsistent with Clauses 1 and 6 of Article 19 of the 2024 Road Law (effective from January 1, 2025). Therefore, specific research and guidance are needed to ensure consistent application in practice.

Article 3 of Government Decree No. 88/2024/ND-CP dated July 15, 2024 (amended and supplemented by Clause 1, Article 11 of Decree No. 49/2026/ND-CP) stipulates that the detailed plan for each land acquisition subject must fully detail personal information; location, area, land type, land origin, etc. However, the requirement for this detailed plan as a component of the overall compensation, support, and resettlement plan may create practical difficulties, especially in determining the scope, subjects, and content when exercising the right to appeal or file lawsuits by citizens in case of errors. Therefore, specific research and guidance are needed to ensure transparency and convenience in the implementation process.

According to the report, Article 3 of Decree No. 102/2024/ND-CP stipulates "individuals directly engaged in agricultural production"... However, the criterion of "having income from agricultural production on land" as a basis for determining eligible recipients for training, vocational retraining, and job search support when the State reclaims land currently lacks specific guidance on the criteria, evaluation methods, and the competent authority for confirmation. This creates difficulties for agencies and units in organizing and implementing compensation, support, and resettlement work. At the same time, it poses a potential risk of complaints and disputes in practice.

Furthermore, Article 45 of the Land Law stipulates the conditions for exercising the rights of land users, and Article 151 of the Land Law specifies cases where land use right certificates and ownership certificates for assets attached to land are not issued. However, allowing land users to continue exercising their rights even after a land expropriation notice has been issued, without specific regulations on the handling mechanism in compensation and resettlement for these cases, leads to difficulties and confusion in the implementation process. This poses a potential risk of complaints and disputes in practice and requires research and unified guidance.

Source: https://daibieunhandan.vn/tp-ho-chi-minh-con-nhieu-vuong-mac-trong-thi-hanh-luat-dat-dai-10416912.html