2026 marks a turning point in Vietnam’s law on land recovery, compensation, support and resettlement, with two core instruments: Resolution 254/2025/QH15 (effective 1 January 2026) and Decree 49/2026/ND-CP (effective 31 January 2026). This article focuses on the substantive new points of these two instruments — not a restatement of the general knowledge of the 2024 Land Law.
1. Which instruments are the “new 2026 regulations”?
The general framework for land recovery remains the Land Law 31/2024/QH15 (Articles 78 and 79 on recovery cases; Articles 94, 95, 102 and 105 on compensation, support and resettlement) and Decree 88/2024/ND-CP on compensation, support and resettlement (as amended by Decrees 151/2025, 226/2025 and 49/2026).
The genuine new elements of 2026 come from:
- Resolution 254/2025/QH15 (effective 1 January 2026) — new recovery cases, tightened recovery conditions, clarified compensation land pricing;
- Decree 49/2026/ND-CP (effective 31 January 2026) — Article 11 amending Decree 88/2024 on compensation, support and resettlement.
2. New land recovery cases under Article 3 of Resolution 254/2025
Article 3 of Resolution 254/2025/QH15 adds new land recovery cases:
- Land used for drug rehabilitation facilities managed by the armed forces — recovery for national defense and security purposes;
- Projects in free trade zones and international financial centers — serving new economic development models;
- Creating a land fund to pay for BT projects (build-transfer);
- Leasing out recovered land for continued production and business.
3. The “75% agreement” mechanism: resolving checkerboard land
The most impactful new point of Resolution 254/2025 is the mechanism addressing “checkerboard land” — projects implemented through negotiated land use right acquisition where a few households refuse to agree, stalling the project for years.
The mechanism: for projects implemented by negotiated acquisition of land use rights whose implementation period has expired (including extensions), where over 75% of the land area and over 75% of land users have agreed, the provincial People’s Council considers recovering the remaining area for handover to the investor.
This is a powerful tool for unblocking long-stalled projects, while requiring that the interests of the remaining sub-25% group be protected through a proper compensation, support and resettlement plan.
4. Recovery conditions tightened
Resolution 254/2025 tightens land recovery conditions: the State may recover land only after the compensation, support and resettlement plan has been approved and resettlement arranged for persons whose land is recovered.
This rule aims to end the practice of recovering first and sorting out compensation later — the cause of most prolonged land disputes. Affected land users gain a legal basis to demand completion of the compensation plan before handing over the site.
5. Compensation land pricing: price table x adjustment coefficient
On the land price used as the compensation basis (Clause 3, Article 5 and Clause 5, Article 7 of Resolution 254/2025), the established principle is:
- Apply the land price table multiplied by the land price adjustment coefficient, or the specific land price, depending on the case;
- The land price is determined at the time the compensation plan is approved.
This approach is consistent with the abolition of the land price bracket under the 2024 Land Law: compensation prices track market prices through the annual land price table and the adjustment coefficient issued by the provincial People’s Committee.
6. Compensation for assets attached to land
For houses and construction works attached to recovered land, the compensation principles are:
- Houses/works that must be fully demolished: compensation at the new construction value of a house/work of equivalent technical standard;
- Remaining parts meeting technical standards: compensation for actual damage.
Asset owners should keep records of the condition and construction standards of their works as a basis for cross-checking the compensation plan.
7. Compensation funding included in total project investment
Under Article 28 of Decree 88/2024/ND-CP (as amended by Decree 49/2026/ND-CP), compensation, support and resettlement funding is included in the total investment of the project. Project investors must therefore fully budget site-clearance costs from the project preparation stage — this cost cannot be separated from the project’s financial responsibility.
8. Recommendations
- Land users at risk of recovery: monitor the compensation, support and resettlement plan; demand completion of plan approval and resettlement arrangement before handing over land;
- Investors of stalled negotiated-acquisition projects: assess whether the 75% mechanism of Resolution 254/2025 can unblock the project;
- Investors of new projects: budget compensation funding into total investment; update the provincial land price table and adjustment coefficient at the time of plan approval.
Instrument under monitoring: the draft amended Land Law — amending Article 81 on land recovery for land-law violations. The draft has not been adopted; it is for reference only.
Frequently asked questions
Which instruments are the new 2026 regulations on land recovery and compensation?
Resolution 254/2025/QH15 (effective 1 January 2026) and Decree 49/2026/ND-CP (effective 31 January 2026; Article 11 amending Decree 88/2024).
What is the “75% agreement” mechanism?
For negotiated-acquisition projects past their deadline with over 75% of area and 75% of land users agreeing, the provincial People’s Council considers recovering the remainder (Resolution 254/2025).
How is the 2026 compensation land price determined?
The land price table multiplied by the adjustment coefficient, or the specific land price depending on the case, at the time the compensation plan is approved.
May land be recovered before the compensation plan is approved?
No. The compensation/support/resettlement plan must be approved and resettlement arranged before recovery (Resolution 254/2025).
Transparency note: This content was drafted by AI under the FLAW SEO Autopilot process — reviewed by the QA Council (AI Legal Council) and approved by the owner. It is not a lawyer opinion and is not recorded as lawyer-approved.
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