26-06-26 MTParners
The decree guiding Resolution No. 254/2025/QH15 tightens the deadline for land recovery notices, expands citizens’ right to dialogue, and clarifies how compensation for assets attached to land is calculated.
Since early 2026, the Government has issued Decree No. 49/2026/ND-CP guiding the implementation of National Assembly Resolution No. 254/2025/QH15, amending Decree No. 88 on compensation, support, and resettlement when the State recovers land. This document specifies the deadline for land recovery notices, the procedure for posting compensation plans, the dialogue mechanism for complaints, and how compensation for assets attached to land is calculated under the 2024 Land Law (Law No. 31/2024/QH15). This is a new development directly affecting numerous land recovery projects nationwide.
Under Resolution 254/2025/QH15 (effective from January 1, 2026) and its implementing Decree 49/2026/ND-CP (effective from January 31, 2026), before issuing a land recovery decision, the competent authority must send a land recovery notice to the land user, the owner of assets attached to the land, and related parties. The notice deadline is at least 60 days for agricultural land and 120 days for non-agricultural land before the recovery decision is issued. This significantly extends the time people have to be informed and prepared before their land is recovered, compared to previous regulations.
A notable new point is that Resolution 254 allows land to be recovered before the compensation plan is approved, applicable to projects of national importance, urgent projects, or cases where more than 75% of affected land users have agreed to the proposed plan. Similarly, land may be recovered before resettlement arrangements are completed for urgent projects, on-site resettlement, or route-based resettlement. To protect citizens’ rights during this transitional period, provincial People’s Committees must specify the duration, funding, and measures for temporary accommodation for those whose land is recovered before official resettlement.
Decree 49/2026/ND-CP requires compensation, support, and resettlement plans to be publicly posted at the commune-level People’s Committee headquarters and community gathering places for 10 days. If objections are raised during the posting period, the competent authority must organize a dialogue within 30 days before approving the official plan. This mechanism aims to limit one-sided imposition of compensation plans and provides a clear legal basis for citizens to exercise their right to complain if they disagree with the proposed compensation level.
For houses and structures that are fully demolished, or whose remaining portion no longer meets usage standards after recovery, compensation is based on the construction value of an equivalent new structure with similar technical standards. For forests, compensation follows forestry law. For crops and livestock, provincial People’s Committees are responsible for issuing compensation unit prices that reflect actual local market prices, rather than applying a single inflexible price list as before.
The new regulations extend the preparation time for citizens before land recovery and open up a more transparent dialogue mechanism when disputes arise over compensation plans. However, allowing land recovery before the compensation plan is approved or before resettlement is completed in special cases also poses risks if local authorities fail to properly implement temporary accommodation and financial support procedures. For projects with land recovery decisions and approved compensation plans issued before January 31, 2026, the parties continue to implement the previously approved plan; only cases not yet approved must fully apply the process under the 2024 Land Law, Resolution 254/2025/QH15, and Decree 49/2026/ND-CP.
Individuals and households whose land falls under planning or anticipated recovery should proactively keep complete legal records of their land and attached assets (land use right certificates, construction contracts, material invoices, etc.) to use as a basis for comparison when authorities prepare the compensation plan. Upon receiving a land recovery notice, citizens should carefully check the notice period (60 or 120 days) and actively participate in posting and dialogue sessions to protect their rights and avoid missing the statutory complaint deadline.
For businesses acting as project investors involved in land recovery, it is important to carefully review the notification, posting, and dialogue procedures under Decree 49/2026/ND-CP to avoid procedural errors that could lead to prolonged litigation, and to prepare temporary accommodation support plans in advance if the project falls under cases where land may be recovered before resettlement is completed.
MT & Partners Law Firm, with a team of experienced lawyers in land law and land clearance compensation, is ready to assist individuals and businesses in reviewing documentation, comparing compensation plans, and protecting legitimate rights when land is recovered. Contact hotline 0987140772 or email info@mtpartners.vn for consultation.
(*) This article is for reference only and does not replace specific legal advice.
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