For foreign direct investment (FDI) projects using land with a definite term in Vietnam, renewing the land use term is critical to the survival of the project. In 2026, important changes to competent authority and procedures took effect, and enterprises must understand them to avoid missing the renewal window.
1. No “new 2026 regulation” on substance — the changes are procedural
This needs to be stated clearly to avoid misunderstanding: there is no new 2026 legal instrument specifically governing the substance of “land use term renewal for FDI projects”. The legal framework remains the Land Law 31/2024/QH15 and Decree 102/2024/ND-CP.
What is genuinely “new in 2026”:
- Decree 49/2026/ND-CP (effective 31 January 2026) reallocates authority: the provincial-level People’s Committee now decides on land use term renewals;
- Provinces and cities have issued new 2026 administrative procedures to implement this authority in practice.
Enterprises should therefore focus on filing with the right authority on time, rather than searching for a “new law”.
2. Land use term framework for FDI projects
Under Clause 1, Article 172 of the Land Law 31/2024/QH15, the land use term of an investment project must not exceed 50 years; in special cases, not exceed 70 years. Enterprises should check the term stated in their land allocation or land lease decision to determine exactly when to prepare the renewal dossier.
3. The 6-month mark: the mandatory filing deadline
This is the most important deadline and the one most often missed. Clause 3, Article 172 of the Land Law 31/2024/QH15 provides:
- The renewal application is filed during the final year of the land use term;
- No later than 6 months before expiry.
Missing this deadline means the enterprise loses the right to renewal — except in cases of force majeure — and the land will be recovered by the State. Practical recommendation: start preparing the dossier at least 12 months before expiry to allow time for resolving complications.
4. The dossier and its link to investment project extension
The renewal dossier follows Article 64 of Decree 102/2024/ND-CP. A distinctive feature for FDI projects: the land renewal dossier must include the document permitting extension of the investment project’s operation term.
In other words, land term renewal and investment project term extension are tightly linked procedures. The basis for extending the project operation term is the Investment Law 143/2025/QH15 (effective 1 March 2026, fully replacing Investment Law 61/2020/QH14) and Decree 96/2026/ND-CP. FDI enterprises should run both procedures in parallel to avoid the situation where the land is renewed but the project term has expired, or vice versa.
5. New authority from 31 January 2026: the provincial People’s Committee decides
Under Decree 49/2026/ND-CP, from 31 January 2026 the provincial-level People’s Committee is the authority deciding on land use term renewals. Enterprises file with the receiving agency under the new administrative procedures issued by each province in 2026, and should monitor dossier progress closely since this is newly delegated authority and procedures in some localities may still be bedding in.
6. Financial obligations upon renewal
Under Clause 2, Article 156 of the Land Law 31/2024/QH15, where renewal is granted and the case is subject to land use levy or land rental, the enterprise must pay for the extended period — a cost to factor into project financial planning from the outset.
7. Consequences of non-renewal
Clause 4, Article 172 of the Land Law 31/2024/QH15 provides: if renewal is not granted, the enterprise self-disposes of assets attached to the land; after 24 months without completing disposal, the State recovers the land with no compensation for the land or attached assets. Timely renewal is therefore not mere paperwork — it protects the entire investment value of the project.
8. Recommendations for FDI enterprises
- Review now the land use term and project operation term on the land allocation/lease decision and the Investment Registration Certificate;
- For projects with under 18 months remaining: start immediately the project term extension procedure (Investment Law 143/2025/QH15) in parallel with preparing the land renewal dossier (Article 64, Decree 102/2024);
- File the land renewal dossier no later than 6 months before expiry; deciding authority: the provincial People’s Committee (from 31 January 2026);
- Budget for financial obligations for the extended period (Clause 2, Article 156, Land Law 31/2024/QH15).
Frequently asked questions
Where do FDI projects file land use renewal applications from 2026?
With the receiving agency under each province’s new procedures; the deciding authority is the provincial People’s Committee under Decree 49/2026/ND-CP (effective 31 January 2026).
What if the dossier is filed later than 6 months before expiry?
The enterprise loses the renewal right (except force majeure), and the land may be recovered (Clause 3, Article 172, Land Law 31/2024/QH15).
Must the investment project be extended before renewing the land?
The two procedures are linked: the land renewal dossier requires the document permitting project term extension (Article 64, Decree 102/2024) — run them in parallel.
What is the maximum renewable term?
50 years; 70 years in special cases (Clause 1, Article 172, Land Law 31/2024/QH15).
Instrument under monitoring: the draft amended Land Law 2026 is still being prepared and has not been adopted — its contents are for reference only, not current law.
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.
Contact us: If your enterprise is preparing a land use renewal or project extension dossier, please reach out via our contact page for assistance.
