Amending Vietnam’s Land Law in 2026: Two Major Content Groups Individuals and Businesses Need to Know

05-06-26 MTParners

Less than two years after the Land Law No. 31/2024/QH15 took effect (August 1, 2024), the Ministry of Agriculture and Environment has submitted a proposal to the Government to add a draft Law Amending and Supplementing a Number of Articles of the Land Law to the 2026 legislative program — with plans for the National Assembly to pass it under an expedited procedure at the October 2026 session. This signals that simultaneously operating the new land price table and the two-tier local government model is creating legal pressures that must be resolved at the statutory level, not merely through resolutions or decrees.

Why amend the Land Law after less than two years in force?

The Land Law 2024 (Law No. 31/2024/QH15) marked a major shift in land management: abolishing the fixed five-year land price framework and replacing it with a market-oriented land price table decided and adjusted annually by provincial People’s Councils. However, practical implementation quickly revealed a reality: many sticking points — from calculating land use fees and adjustment coefficients to land recovery and compensation procedures — are being “patched” by resolutions and decrees rather than being stably regulated in the Law itself.

According to Official Submission No. 4204/TTr-BNNMT, within less than two years, the National Assembly and Government have issued more than 26 documents to amend, supplement, and guide the implementation of the Land Law — including Resolution 254/2025/QH15, Decree 226/2025/ND-CP, Decree 49/2026/ND-CP, Decree 50/2026/ND-CP, and Resolution 66.3/2025/NQ-CP. The overlap and instability of these sub-statutory instruments create legal risks for both individuals and businesses conducting land transactions.

Additionally, the local government reorganization reform — shifting from three tiers to two tiers (provincial and commune level, eliminating district level) — requires all provisions on authority to allocate land, lease land, recover land, and issue certificates of land use rights to be updated at the statutory level.

Group 1: Elevating practical fix mechanisms to statutory level — what will change?

The first group of content aims to “codify” provisions currently scattered across resolutions and decrees — to ensure stability, consistency, and longevity. Specifically, the draft Law intends to amend the following:

Land prices, land price tables, and land price adjustment coefficients: Clarifying the methodology for determining market-oriented land prices, the annual adjustment process, and how coefficients are applied — the root cause of many current disputes over compensation and land use fees.
Land use fees and land rental fees: Revising calculation formulas and exemption/reduction cases for greater transparency — particularly important for individuals converting agricultural land to residential use and for businesses renting land with annual payments.
Land recovery, compensation, support, and resettlement: Adding provisions for compensation in special circumstances, and rights and obligations of land users who violated land law before July 1, 2014 — a group with many unresolved issues at the local level.
Land registration, certificate issuance; commune-level land use planning; land allocation, leasing, plot splitting, merging, and dispute resolution — all administrative procedures that directly affect individuals and businesses on a daily basis.

Group 2: Decentralizing authority under the two-tier local government model

The second group of content stems from administrative reform requirements: eliminating the district level means many authorities currently vested in district-level People’s Committees and Councils must be redistributed between provincial and commune levels.

In terms of legislative drafting technique, the Ministry of Agriculture and Environment proposes replacing all references to “district,” “district level,” “township,” “People’s Council,” “People’s Committee,” and “Chairman of People’s Committee” with the general term “competent authority/person” — supplemented by a new Article specifying authority by level. This approach ensures flexibility as the administrative apparatus continues to evolve.

For individuals and businesses, this means a practical change: land procedures previously handled at the district level may be delegated to commune-level People’s Committees (or elevated to provincial level) depending on the type of transaction — close monitoring of implementing regulations after the Law’s passage will be essential.

Timeline: Passage at the October 2026 session under expedited procedure

The Ministry of Agriculture and Environment proposes the National Assembly pass the Law Amending and Supplementing a Number of Articles of the Land Law at the October 2026 session under an expedited procedure. Many of the planned amendments are essentially “codifying” provisions already piloted through Resolution 254/2025/QH15 and its implementing decrees — the substance of policy does not change significantly, but the legal force and stability will be considerably enhanced.

Practical Impact

For individuals whose land falls within planned zones, awaiting certificate issuance, or preparing to change land use purposes, the Land Law amendments may directly affect the land use fees payable and the timeline for receiving land use rights certificates. However, until the Law is officially passed, current regulations (Resolution 254/2025/QH15 and its implementing decrees) remain fully in force.

For real estate businesses and investors, this is an important time to monitor legislative developments: provisions on land allocation, leasing, change of land use purpose, and dispute resolution may all change after the October 2026 session. Contracts for capital contribution and transfer of land use rights signed during this period should include adjustment clauses appropriate to this legal risk.

Recommendations

For individuals:

If you have ongoing land procedures (applying for certificates, changing land use purpose, disputes), aim to complete them before October 2026 or prepare contingency plans for when the new Law takes effect.
Monitor the draft amended Law closely when it is published for public comment to understand your rights and obligations.
Participate in public comment through the portal xaydungchinhsach.chinhphu.vn or through local representative bodies.

For businesses:

Review land-related project portfolios and assess the impact of expected changes to land prices, land use fees, and land allocation/leasing procedures on financial plans.
Include legal risk clauses in land-related contracts executed during the period pending the amended Law.
Consult legal counsel to specifically assess the impact on each project and prepare documentation in compliance with both current and anticipated new regulations.

MT & Partners Law Firm, with a team of experienced lawyers specializing in land law, real estate, and civil disputes, is always ready to support you through any land-related transactions and procedures. Contact our hotline 0987140772 or email info@mtpartners.vn for free and prompt legal consultation.

(*) This article is for reference only and does not substitute specific legal advice. For assistance with your particular situation, please contact a lawyer directly.