Background
Part 1 of this Article have introduced the new features of the Draft Land Law (Amended) 2026 version No. 03 dated 28 August 2026 (hereinafter referred to as the “Draft 2026”), highlighting the bottlenecks, shortcomings, and difficulties of the former land legal system that were resolved in the Draft, while also pointing out remaining legal gaps that require further discussion.
Considering the overall legal system, the Draft Land Law (Amended) 2026 marks a landmark shift in perspective from a procedural document to playing a “framework act” role. Part 2 presents Comparative Tables assessing the correlations and impacts between the Draft Land Law (Amended) 2026 and key specialized laws, including the Law on Investment, Law on Real Estate Business, Law on Construction, Law on Bidding, Law on Public Investment/PPP, Law on Health & Education, and Law on Urban Development.
Table 1: Correlation with Investment Laws
| No. | Provisions of Draft Land Law 2026 | Corresponding Provisions / Investment Law | Analysis of Conflicts / Practical Unlocking Impact | Degree of Impact / Assessment |
| 1.1 | Article 1 & Chapter IV: Defining site clearance forms for land auctions/bidding. | Article 29 (Selection of investors): Regulates forms of selecting investors for project execution. | Blurring of former boundaries:Led to congestion in investment policy approval. New in 2026: Clean land (cleared site) requires mandatory auction; Land subject to acquisition but not yet cleared requires mandatory bidding. | Very Positive:Unlocks hundreds of frozen development projects. |
| 1.2 | Chapter V: Removing the rigid requirement of holding “residential land” when acquiring land for commercial housing projects. | Articles 33 & 42: Conditions for simultaneously approving investment policy and investor approval. | Removing bottlenecks: Permits acquisition and use of non-agricultural land or production/business land consistent with planning for residential housing projects. | Very Positive:Unblocks M&A capital flows and private land resources. |
| 1.3 | Article 107: Principle of continuous legal succession for incomplete projects. | Article 48 (Project refund/termination procedures): Regulates suspension/termination of investment project operations. | Ensuring investment safety:Projects with policy approval or site clearance under the old law transition to land allocation procedures without restarting investment procedures. | Positive:Eliminates legal risks for existing investors. |
| 1.4 | Chapter II: Integrating land use demand appraisal into the national land database. | Article 33 (Project proposal dossier): Requires justification of land use demand and conditions for land allocation. | Shortening procedures: Investment appraisal agencies directly extract from the land database instead of requiring manual, lengthy investor justifications. | Positive:Reduces compliance costs and project preparation time. |
| 1.5 | Chapter VIII: Legal corridor for multi-purpose land use (commercial + services). | Article 35: Approval of mixed-use investment projects (combining commercial, services, offices). | Transparency in land use purpose:Allows policy approval for multi-functional projects without fear of violating land use purpose regulations. | Positive:Increases operational efficiency of land assets. |
| 1.6 | Article 4: Priority application of the Land Law regarding land allocation/lease. | Article 4 (Application of Investment Law and related laws): Conflict of jurisdiction between laws. | Resolving “Which law takes priority”: Affirms that conditions for land allocation/lease comply with the Land Law, while the Investment Law only governs approval procedures. | Very Positive:Ends local disputes regarding legal application. |
| 1.7 | Chapter V: Regulations on land acquisition for delayed projects. | Article 48: Termination of investment projects due to schedule delays exceeding the allowed timeframe. | Synchronizing resolution periods:Synchronizes the 24-month land extension with the investment project extension, preventing cases where the Investment Law terminates but the Land Law remains unresolved. | Positive:Increases deterrence and transparency in handling stalled projects. |
| 1.8 | Chapter IV: Annual land leases allow transfer of lease rights. | Article 76 (Removing mortgage asset barriers): Capital mobilization for project execution. | Creating financial assets:Enterprises with annual land lease projects gain the right to mortgage/transfer “lease rights,” enhancing capital mobilization capabilities. | Very Positive:Creates a breakthrough in capital flexibility for investors. |
| 1.9 | Chapter III: Conditions for land allocation to foreign investors (FDI). | Articles 23 & 26: Investment conditions for foreign investors (FDI). | Expanding access: Standardizes land allocation/lease processes for foreign-invested economic organizations in line with market access restriction lists. | Positive:Attracts high-quality FDI capital flows. |
| 1.10 | Chapter VI: Exploiting land funds adjacent to transport infrastructure (TOD). | Articles 30 & 31: Policy approval for urban-linked infrastructure projects. | Mechanism for TOD land acquisition: Permits local authorities to acquire adjacent land combined with auctions/bidding to select investors for mixed-use projects. | Very Positive:Breakthrough in synchronized infrastructure and urban development. |
Table 2: Correlation with Real Estate Business Laws
| No. | Provisions of Draft Land Law 2026 | Corresponding Provisions / Real Estate Business Law | Analysis of Conflicts / Practical Unlocking Impact | Degree of Impact / Assessment |
| 2.1 | Chapter IV: Tightening conditions for plot subdivision and land sales in urban areas. | Article 31 (Real Estate Business Law 2023): Conditions for transferring land use rights with infrastructure to individuals for self-construction. | Eliminating disputes: Consistently regulates areas/zones where land subdivision and sale are prohibited, forcing projects to complete shell construction prior to sale. | Positive:Improves urban quality and prevents land price bubbles. |
| 2.2 | Chapter IV: Annual leased land permits transfer/sublease of “lease rights”. | Articles 44 & 45: Conditions for introducing land use rights and construction works into business operations. | Commercializing product lines:Enables industrial and commercial-service real estate products (Condotels, Officetels) under annual land leases to be legally traded and subleased. | Very Positive:Unblocks tourism and industrial real estate markets. |
| 2.3 | Chapter IX: Direct issuance of Certificates for property buyers through judgment enforcement/bad debt recovery. | Article 10: Conditions for properties/constructions put into business for debt resolution. | Unfreezing real estate: Auction winners purchasing properties from credit institutions/enforcement agencies receive direct Certificates without requiring the former owner’s/developer’s co-signature. | Very Positive:Accelerates real estate market restructuring. |
| 2.4 | Chapter VII: Mandatory registration and update of real estate transactions on digital databases. | Article 6 (Real Estate Market Information System): Mandatory public disclosure of real estate project information. | Preventing dual-pricing transactions: Connects the land database with the real estate market system, eliminating “two-price” fraudulent reporting. | Positive:Enhances market transparency and state revenue. |
| 2.5 | Chapter V: Land acquisition for real estate projects with delayed land use. | Article 8: Prohibited acts in real estate business (schedule delays). | Asset handling mechanism upon acquisition: Synchronizes handling procedures for unfinished structures on land acquired due to violations. | Positive:Increases deterrence and eliminates incompetent developers. |
| 2.6 | Chapter IV: Conditions for total or partial real estate project transfer. | Articles 40 & 41: Conditions and procedures for real estate project transfers. | Synchronizing financial obligations: Requires developers to fulfill all financial land obligations for the transferred area before M&A procedures. | Positive:Enhances legal safety for transferees. |
| 2.7 | Chapter VIII: Certificate issuance for multi-purpose real estate (Condotels, Shophouses, Officetels). | Article 5: Types of real estate introduced into business. | Defining tenure and purpose:Issues Certificates for commercial/service land purposes with tenure aligned with project duration (up to 50–70 years). | Very Positive:Resolves legal controversies surrounding Condotel title deeds. |
| 2.8 | Chapter V: Land use fees when converting purpose for commercial real estate projects. | Article 12: Financial requirements for real estate developers. | Accurate and complete cost calculation: Abolishes land price frames and determines market-based pricing at the time of allocation, helping developers accurately calculate product costs. | Positive:Transparent cost structure and reduced litigation. |
| 2.9 | Chapter II: Mandatory public disclosure of project land use planning. | Article 6: Real estate project information transparency before presales. | Protecting home buyers: Mandates online publication of legal land status before future housing units become eligible for sale. | Positive:Minimizes fraud risks associated with phantom projects. |
| 2.10 | Article 107: Transitional provisions for ongoing real estate projects. | Chapter IX (Transitional Provisions of Real Estate Business Law 2023): Transition of real estate contracts. | Preventing sales disruption: Real estate projects eligible for sale under former laws can continue operations without halting for re-appraisal of land fees. | Positive:Safeguards market liquidity. |
Table 3: Correlation with Construction & Urban Planning Laws
| No. | Provisions of Draft Land Law 2026 | Corresponding Provisions / Construction Law | Analysis of Conflicts / Practical Unlocking Impact | Degree of Impact / Assessment |
| 3.1 | Chapter III: Connectivity between Land Use Planning and Construction Planning. | Articles 13–28 (Construction Law): Construction, zonal, and detailed planning. | Eliminating “stalled planning”: Land planning serves as a framework while construction planning details specific metrics; building permits can be issued immediately once a developer is selected. | Very Positive:Reduces investment preparation time by 6–12 months. |
| 3.2 | Chapter VIII: Certificate issuance for underground construction space (Urban underground works). | Article 11 (Construction Law): Urban underground construction management. | Establishing underground land use rights: Separates surface land rights from underground space rights (underground parking, shopping centers), leasing underground land separately. | Very Positive:Unlocks urban underground spatial resources. |
| 3.3 | Chapter VI: Land acquisition and allocation for Transit-Oriented Development (TOD). | Railway Law / Construction Law: Development of transport infrastructure and satellite urban areas. | Integrating Planning – Land – Construction: Allows high-rise urban construction planning around metro stations concurrently with TOD land acquisition/auctions. | Very Positive:Breakthrough model for modern urban development. |
| 3.4 | Chapter V: Construction permitting conditions on multi-purpose land. | Article 89: Conditions for issuing construction permits. | Unlocking permit roadblocks:Integrated facilities (commercial + infrastructure) receive construction permits based on multi-purpose land approval documents. | Positive:Promotes multi-functional infrastructure construction. |
| 3.5 | Chapter V: Compensation and site clearance via alternative land or housing. | Article 110: Construction of resettlement areas for projects. | Synchronized resettlement infrastructure: Requires resettlement areas to complete technical/social infrastructure under Construction Law standards prior to land acquisition. | Positive:Ensures social welfare for displaced residents. |
| 3.6 | Chapter IV: Land allocation/lease for temporary construction works. | Article 131: Permits for temporary construction works. | Clear legal framework for temporary structures: Allows short-term land leases for worker camps, temporary parking, and site offices without long-term land conversion. | Positive:Saves costs and offers operational flexibility for contractors. |
| 3.7 | Chapter IX: Certificate issuance for non-residential construction works (Factories, Warehouses, Malls). | Article 124: Handover of construction works. | Basis for Certificate issuance:Mandates work acceptance and handover documentation under the Construction Law as compulsory for land Certificate issuance. | Positive:Standardizes asset ownership dossiers. |
| 3.8 | Chapter V: Handling illegal structures on agricultural land upon acquisition. | Article 118: Responsibility for handling construction order violations. | No compensation for illegal works:Affirms that structures built contrary to planning or without permits will not receive compensation upon land acquisition. | Positive:Prevents speculative construction and order violations. |
| 3.9 | Chapter III: Land use quota specifications in industrial park/export processing zone construction planning. | Article 25: Construction planning for specialized functional zones. | Synchronized infrastructure ratios:Requires industrial park planning to adhere to framework indicators for industrial land, service land, and worker housing. | Positive:Enhances utility services for industrial zones. |
| 3.10 | Article 106: Repealing scattered land provisions in the old Construction Law. | Various piecemeal amendment clauses from 2024–2025. | Consolidating under one focal point:All land-related authority for construction projects is referred directly to the Land Law 2026. | Positive:Simplifies legal reference and ensures legal consistency. |
Table 4: Correlation with Bidding & Public Investment Laws (PPP)
| No. | Provisions of Draft Land Law 2026 | Corresponding Provisions / Bidding & PPP Law | Analysis of Conflicts / Practical Unlocking Impact | Degree of Impact / Assessment |
| 4.1 | Article 1 & Chapter IV: Bidding regulations for selecting investors in land-using projects. | Article 126 (Bidding Law 2023): Conditions for bidding to select investors for land-using projects. | Standardizing entry conditions:Applies bidding only when land is subject to State acquisition, uncleared, and listed under People’s Council approval. | Very Positive:Eliminates legal hesitation when approving bidding documents. |
| 4.2 | Article 104 (Amending PPP Law): Fixing land valuation timelines for BT project payments. | Article 45 (PPP Investment Law): Land fund payment mechanisms for BT contracts. | Unlocking BT project bottlenecks:Projected land values for payment are determined by the Land Price List at project formulation/bidding time, rather than subsequent land allocation dates. | Very Positive:Rescues numerous stalled Build-Transfer (BT) projects. |
| 4.3 | Chapter V: Site clearance for Public Investment/PPP projects. | Article 18 (Public Investment Law): Separating compensation and site clearance into independent projects. | Accelerating public disbursement:Permits land acquisition and site clearance compensation one step ahead immediately upon investment policy approval. | Very Positive:Speeds up public investment capital disbursement. |
| 4.4 | Chapter IV: Land use right auctions following completed site clearance. | Bidding Law / Asset Auction Law: Auction execution procedures. | Clear site requirement: Mandates 100% clean land prior to auctions, avoiding scenarios where auctions complete without site delivery. | Positive:Enhances transparency and credibility of land auctions. |
| 4.5 | Chapter V: Compensation land pricing for Public Investment projects. | Public Investment Law: Compensation costs in total project investment. | Reflecting market prices: Annual Land Price Lists enable precise site clearance cost estimates right from public project formulation. | Positive:Curbs cost overruns in public investment projects. |
| 4.6 | Chapter IV: Investor eligibility criteria for land-using project bidding. | Article 47 (Bidding Law): Appraisal of investor capacity and experience. | Linked qualifications: Adds financial capacity and land use deposits to evaluation criteria for bid dossiers. | Positive:Ensures selection of capable investors. |
| 4.7 | Chapter V: Land allocation/lease to winning bidders. | Bidding Law: Signing land-using investment project contracts. | Automated administrative procedures: Winning bidding approval decisions serve as direct grounds for land allocation/acquisition procedures. | Very Positive:Removes discretionary administrative intermediary steps. |
| 4.8 | Chapter VIII: Land allocation mechanisms for transport public investment combined with commercial services. | PPP Law: PPP projects combining infrastructure and commercial service operations. | Leasing commercial areas: Permits state agencies to lease commercial portions within PPP projects to generate operational maintenance revenue. | Positive:Enhances financial feasibility for PPP projects. |
| 4.9 | Article 4: Priority hierarchy for land allocation rules post-auction. | Bidding Law: Financial land obligations following bidding. | Unifying applicable law: Financial land obligations follow the Land Law, while bidder/investor selection procedures follow the Bidding Law. | Positive:Eliminates jurisdictional overlaps. |
| 4.10 | Article 107: Transitional provisions for ongoing bidding projects prior to 2026. | Transitional provisions of the Bidding Law 2023. | Smooth transition: Projects with issued bidding documents for land use under former laws continue under approved rules. | Positive:Avoids market disruption. |
Table 5: Correlation with Laws on Healthcare, Education, and Civil Aviation
| No. | Provisions of Draft Land Law 2026 | Specialized Healthcare / Education / Aviation Provisions | Analysis of Conflicts / Practical Unlocking Impact | Degree of Impact / Assessment |
| 5.1 | Chapter VI: Long-term fixed land lease fee exemptions/reductions for Healthcare and Education. | Law on Medical Examination and Treatment & Law on Education: Socialization incentive policies. | Shielding from cost fluctuations:Separates socialized projects from annual land price shifts, applying fixed preferential land rents across the project cycle. | Very Positive:Attracts private resources into healthcare and education. |
| 5.2 | Chapter VIII: Legitimizing multi-purpose land use at Airports and Railway Stations. | Law on Civil Aviation of Vietnam: Airport and airfield land management. | Unlocking commercial exploitation: Permits partial use of aviation/railway infrastructure land for commercial services, parking, and short-term retail centers. | Very Positive:Optimizes national infrastructure asset utilization. |
| 5.3 | Chapter IV: Land allocation without land use fees for public Healthcare and Education institutions. | Law on Management and Use of Public Assets: Public service unit land management. | Protecting public welfare land:Clearly specifies that land for public hospitals and schools is allocated without fee, strictly prohibiting conversion into commercial use. | Positive:Preserves land funds for social security. |
| 5.4 | Chapter V: Land acquisition for major Healthcare and Education projects. | Law on Medical Examination and Treatment / Law on Education: Expanding welfare networks. | Unlocking site clearance:Categorizes large-scale hospital and school projects under State land acquisition for socio-economic development in the public interest. | Positive:Shortens site clearance time for welfare projects. |
| 5.5 | Chapter IV: Joint-venture and partnership mechanisms on public Healthcare and Education land. | Law on Public Asset Management (Articles 55, 56, 57): Schemes for using public assets for business/joint ventures. | Transparent public-private partnerships: Mandates approved schemes and land rent payments for areas used in commercial medical/educational service partnerships. | Positive:Prevents loss of public assets. |
| 5.6 | Chapter VIII: Certificate issuance for private healthcare and education facilities under annual land leases. | Investment Law / Specialized Laws: Rights of socialized investors. | Facilitating loan access: Permits mortgaging “lease rights” and attached assets to secure bank loans for modern medical/educational equipment. | Very Positive:Unblocks socialized capital flows. |
| 5.7 | Chapter III: Dedicated land quotas for Healthcare and Education in new urban developments. | Law on Urban Planning: Social infrastructure land ratios in housing projects. | Mandatory welfare land funds:Urban project developers must hand over clean healthcare/education land to localities or execute on schedule without changing land purpose. | Positive:Addresses school and hospital shortages. |
| 5.8 | Chapter V: Land use purpose conversion to Healthcare and Education land. | Law on Medical Examination and Treatment / Law on Education: Establishing private institutions. | Fast-track procedures: Applies streamlined processes when converting production/business/residential land to private healthcare or educational facility land. | Positive:Encourages private investment. |
| 5.9 | Chapter VIII: Managing flight strip land and aviation safety technical infrastructure. | Law on Civil Aviation: Ensuring aviation safety and security. | Establishing adjacent safety zones: Regulates restricted building heights and restricted land use in airfield vicinities to ensure flight safety. | Positive:Safeguards national aviation security. |
| 5.10 | Article 106: Repealing piecemeal land provisions in old specialized Healthcare/Education laws. | Pre-2026 amended specialized laws. | Unified land financial framework:All incentive, compensation, and allocation land policies for healthcare/education are unified under the Land Law 2026. | Positive:Eliminates overlaps, ensuring uniform application. |
Table 6: Correlation with Housing Laws
| No. | Correlation Content / Criteria | Draft Land Law (Amended) 2026 | Law on Housing 2024 & Draft Amendments 2026 | Analysis of Old Shortcomings, Breakthrough Points & Systemic Alignment |
| 6.1 | Structure & Authority Allocation Principles | Governs core principles on land tenure regimes, planning, and land finance. | Streamlined to 145 articles. Regulates detailed development, ownership, and management of housing. | Adhering to “Land as Root, House as Asset on Land”:Eliminates instances where Housing Law overrides land management principles. |
| 6.2 | Land Funds for Commercial Housing Projects | Removes rigid requirements for “100% residential land” or “partial residential land”; permits non-agricultural/production land. | Synchronizes investment policy approval provisions for commercial housing projects on planning-compliant land types. | Rescuing thousands of projects: Removes the biggest bottleneck of the past decade, unlocking production/business land for housing. |
| 6.3 | Land Tenure & Apartment Ownership | Reaffirms that land for apartment building construction (residential land) has long-term stable tenure. | Officially drops proposals for term-limited apartment ownership; house tenure is determined by structural engineering grades. | Absolute alignment: Avoids conflicts between “term-limited asset ownership” and “long-term land use rights,” stabilizing public sentiment. |
| 6.4 | Land Funds for Social Housing Development | Allocates independent clean land funds within provincial/district land planning specifically for social housing. | Removes the rigid 20% land allocation mandate within all commercial projects; grants localities flexibility in allocation. | Overcoming practical drawbacks: Eliminates fragmented 20% land allocations in high-end projects, focusing on concentrated, large-scale social housing land. |
| 6.5 | Land Incentives for Social Housing Developers | Exempts land use/lease fees without requiring land valuation procedures prior to exemption. | Synchronizes developer incentive rules; eliminates administrative delays in calculating land prices solely for exemption procedures. | Cuts 1–2 years of procedures: Social housing developers can start immediately without being blocked by land valuation paperwork “just for exemptions”. |
| 6.6 | Worker Housing & Industrial Parks (IPs) | Permits land planning for worker accommodation directly within Industrial Park boundaries (IP service land). | Regulates infrastructure, standards, and eligible tenants for IP worker accommodation. | Unlocking IP planning:Resolves former conflicts between the Land Law (prohibiting residence in IPs) and actual enterprise needs. |
| 6.7 | Renovation and Reconstruction of Old Apartments | Allows bundling multiple independent old apartment blocks into single large-scale projects; flexible land conversion. | Regulates owner consent percentages, compensation mechanisms, K-coefficients, and on-site/off-site resettlement. | Breakthrough in urban renewal: Solves the puzzle of small, standalone apartment blocks failing to attract investors due to land metric restrictions. |
| 6.8 | Certificate Issuance for Project Homebuyers | Direct Certificate issuance to buyers; prevents developers from mortgaging sold projects. | Prohibits developers from handing over homes prior to completed acceptance; mandates timely submission of Certificate dossiers for residents. | Protecting residents: Stops situations where thousands of homebuyers wait years for Certificates because developers owe land financial obligations. |
| 6.9 | Rental Housing Segment Development | Specifies distinct land tenure regimes for commercial housing development dedicated to rental. | Adds development mechanisms and establishes Local Housing Funds to invest in social housing creation for rent. | Diversifying market segments: Establishes a legal corridor to attract long-term investment capital into rental housing rather than sales alone. |
| 6.10 | Land for Resettlement Housing | Land acquisition and infrastructure completion for resettlement areas must precede land acquisition for main projects. | Standardizes resettlement housing quality: must equal or exceed previous living conditions with full technical/social infrastructure. | Humanitarian & Reduces litigation: Guarantees substantive resettlement rights for land-acquired citizens before housing projects commence. |
| 6.11 | Converting Household Land Purpose for Residential Use | Decentralizes authority to district levels to approve conversion to residential land according to annual plans. | Regulates conditions for self-built individual housing to comply with construction codes and legal residential land. | Shortening civil procedures:Citizens converting garden/pond land to residential land no longer need complex provincial approvals. |
| 6.12 | Management & Certificate Issuance for Multi-Purpose Real Estate (Officetel, Condotel) | Clearly defines commercial/service land use regimes (50–70 years) for multi-purpose structures. | Issues asset Certificates attached to land strictly according to commercial/service land use purposes. | Legal transparency for resort/office real estate:Eliminates ambiguity between “residential land” and “commercial/service land,” restoring true legal nature. |
Table 7: Correlation with Construction Laws
| No. | Provisions of Draft Land Law 2026 | Corresponding Provisions / Construction Law 2025 | Analysis of Conflicts / Practical Unlocking Impact | Degree of Impact / Assessment |
| 7.1 | Chapter III: Connectivity between Land Use Planning and Detailed Construction Planning. | Articles 14 & 28 (Construction Law 2025): Construction planning and conditions for construction permits. | Eliminating procedural loops: Land planning acts as a framework condition; upon winning auctions/bids, projects qualify for construction permits immediately without waiting for lower-tier zonal/detailed plan adjustments. | Very Positive:Cuts 6–12 months of construction investment procedures. |
| 7.2 | Chapter VIII: Mechanism for separating and issuing Certificates for underground spatial land use. | Articles 11 & 79 (Construction Law 2025): Management, design, and permitting of urban underground works. | Clear separation of surface and underground rights: Allows independent allocation/lease of underground land (underground malls, parking), issuing separate Certificates for underground space regardless of surface rights. | Very Positive:Paves the way for attracting investment into urban underground space. |
| 7.3 | Chapter IV: Short-term land leases for temporary structures and worker camps. | Article 131 (Construction Law 2025): Permits and existence conditions for temporary construction works. | Unlocking site bottlenecks: Permits developers/contractors to lease short-term land for site camps, material yards, and field offices without land conversion procedures. | Positive:Saves costs and standardizes legal compliance for construction contractors. |
| 7.4 | Chapter V: Compensation and site clearance via land or housing with completed infrastructure. | Article 110 (Construction Law 2025): Technical and social infrastructure standards for resettlement areas. | Mandatory synchronized infrastructure:Land acquisition decisions can only be issued once resettlement areas pass completed infrastructure inspection under Construction Law 2025 standards. | Positive:Ensures practical rights that “new living conditions equal or surpass old ones”. |
| 7.5 | Chapter IX: Certificate eligibility for completed non-residential construction works. | Article 124 (Construction Law 2025): Handover and acceptance for operation of construction works. | Standardizing entry dossiers: Work completion acceptance documents under Construction Law 2025 serve as compulsory legal bases for issuing land-attached asset Certificates. | Positive:Transparent corporate asset ownership rights. |
| 7.6 | Chapter V: Handling structures built on land acquired due to violations. | Article 118 (Construction Law 2025): Handling unpermitted or mispermitted construction works. | Strictly no compensation: Structures violating construction order or built on mispurposed land receive no State compensation or support upon acquisition. | Positive:Increases deterrence, ending policy exploitation during compensation. |
| 7.7 | Chapter VIII: Legal corridor for multi-purpose land (commercial + infrastructure). | Article 89 (Construction Law 2025): Construction permit conditions for multi-functional projects. | Unlocking mixed-use permitting:Establishes bases for issuing construction permits for multi-functional facilities (combining public facilities with commercial services) without land violation risks. | Positive:Encourages green, integrated spatial construction models. |
| 7.8 | Chapter IV: Integrating Certificate issuance and Construction Permits for post-auction projects. | Article 91 (Construction Law 2025): Project construction permitting conditions. | Shortening procedure chains: Clean land auction winning recognition decisions are recognized as equivalent to land title documents for immediate construction permit applications. | Very Positive:Accelerates project execution post-auction. |
| 7.9 | Chapter III: Land use quota framework in industrial park/export processing zone planning. | Article 25 (Construction Law 2025): Specialized functional zone construction planning. | Unifying density metrics: IP construction planning must dedicate minimum land ratios to worker housing and utility services per land framework metrics. | Positive:Synchronizes production with worker social welfare. |
| 7.10 | Article 4: Priority order for applying land regulations in construction projects. | Construction Law 2025: Design appraisal and permitting. | Affirming Lex Specialis principle:Content regarding land allocation, lease, and financial obligations strictly follows the Land Law; Construction Law only controls technical metrics. | Positive:Clarifies authority, eliminating responsibility shifting. |
Table 8: Correlation with the Law on Urban Development 2026
| No. | Provisions of Draft Land Law 2026 | Corresponding Provisions / Law on Urban Development 2026 (Law 18/2026/QH16) | Analysis of Conflicts / Practical Unlocking Impact | Degree of Impact / Assessment |
| 8.1 | Chapter VI: Legitimizing land acquisition mechanisms for areas adjacent to transport infrastructure (TOD). | Section 7 Chapter II & Article 16: Special TOD urban development mechanisms in Ho Chi Minh City and special urban areas. | Bases for TOD land acquisition:Permits Ho Chi Minh City to acquire land surrounding Metro stations and ring-road interchanges for land auctions, generating revenue to reinvest in urban infrastructure. | Very Positive (Breakthrough):Maximizes land value capture generated by public infrastructure. |
| 8.2 | Chapters III & IV: Radical decentralization of land allocation, land acquisition, and planning adjustment authority. | Articles 1, 3 & 5: Radical delegation to Special Urban governments in urban development management. | Shortening approval times: Ho Chi Minh City gains autonomy to decide land purpose conversions, acquisitions, and special urban projects without individual approvals from Ministries/Government. | Very Positive:Cuts Central-level administrative waiting times by at least 50%. |
| 8.3 | Chapter V: Annual Land Price Lists and market land valuation methods. | Chapter II (Special financial procedures): Autonomous adjustment coefficients and land valuation mechanisms in special urban areas. | Land financial autonomy: Permits special urban areas to flexibly apply market-aligned land price lists for compensation and land fees, avoiding prolonged disputes. | Very Positive:Accelerates site clearance for mega urban projects. |
| 8.4 | Chapter IV: Establishing and operating Land Development Organizations (Land Banks). | Articles 7, 8: Clean land creation mechanisms and financial resource mobilization in special urban areas. | Proactively creating clean land:Enables Ho Chi Minh City to utilize budget funds/urban bonds to advance capital for Land Development Funds to complete site clearance first, creating clean land for high-value auctions. | Very Positive:Shifts from passive management to proactively shaping the urban real estate market. |
| 8.5 | Chapter VIII: Multi-purpose land use (commercial, services, underground space, infrastructure). | Article 5: Compact, multi-functional urban development and underground space models in special urban areas. | Diversifying land functionality:Institutionalizes the combined use of urban infrastructure land for shopping centers, service facilities, and underground stations without purpose violation penalties. | Very Positive:Optimizes land use efficiency in mega-cities. |
| 8.6 | Chapter IV: Land use right auctions and mixed urban project bidding. | Chapter II: Selecting investors for new urban areas and high-tech parks in Ho Chi Minh City. | Transparent investor selection:Establishes bidding mechanisms for uncleared mixed-use urban projects, helping Ho Chi Minh City attract multinational corporations to develop financial centers and smart cities. | Very Positive:Boosts global competitiveness of special urban areas. |
| 8.7 | Chapter V: Alternative land compensation (residential land exchanged for commercial/service land). | Article 16: Flexible welfare and resettlement policies in special urban areas. | Flexible resettlement options:Allows displaced residential land owners to receive compensation via apartment units or commercial floor space within the project itself. | Positive: Builds high public consensus, reducing grievances. |
| 8.8 | Chapter IV: Annual leased land permits mortgage and transfer of “lease rights”. | Law 18/2026/QH16: Encouraging private capital into urban infrastructure. | Commercializing public land:Enterprises investing in public urban service facilities under annual leases gain rights to mortgage “lease rights” for bank loans. | Very Positive:Unlocks socialized capital for urban development. |
| 8.9 | Chapter III: Integrating urban land use planning into Master Plans for special urban areas. | Articles 1 & 3: Planning and integrating development space in special urban areas. | Single unified planning: District-level land use planning is integrated directly into Special Urban zonal/detailed planning, eliminating separate dual planning sets. | Positive:Eliminates misalignment across planning types. |
| 8.10 | Articles 4 & 106: Priority application and special transitional mechanisms. | Article 66 (Law 18/2026/QH16): Entry into force and transitional provisions for Ho Chi Minh City. | Superior legal corridor: Permits Ho Chi Minh City to immediately apply the most preferential land provisions of the Land Law 2026 alongside the Urban Development Law 2026 without waiting for guiding Circulars. | Very Positive:Ensures breakthrough mechanisms take immediate practical effect. |
Conclusion
The Draft Land Law (Amended) 2026 is not merely a technical amendment, but a leap forward in the institutional management of land in Vietnam. By courageously streamlining the document structure, establishing an absolute priority hierarchy, removing financial bottlenecks, unlocking judgment enforcement assets, and expanding the land agreement mechanism, the Draft has directly broken through the “clogged arteries” of the economy.
However, the boundary between a progressive legal policy on paper and actual operational effectiveness depends entirely on filling the legal gaps that have been identified. The promulgation of the Land Law (Amended) 2026 needs to be accompanied by synchronized preparation of digital data infrastructure, decisiveness in issuing guiding Decrees, and a mechanism to control the discretionary authority of local governments. Only then can this new law fully complete its mission: creating a transparent and safe legal corridor, maximally unlocking land resources, and propelling the country into an era of breakthrough development./.
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