LAND-USE RIGHTS AND RIGHTS UPON LAND RECOVERY

Usage Note: This content is a general legal orientation document, compiled on the basis of research, selection, and analysis of the normative legal instrument system of the Socialist Republic of Vietnam as of 01 July 2026. For each specific file, clients must still cross-reference the original instruments, the consolidated instruments currently in force, local decisions, and the entire project file before drawing conclusions or filing complaints or lawsuits. These instruments and policies may change or be updated after the date this document is published. Please exercise judgment when applying it to actual situations and consult a Lawyer if necessary. PSSLEGAL accepts no liability if clients use this document without formally consulting the specific opinion of our Lawyers or specialists for their particular matter.

What This Document Is For

This document helps individuals examine a land file in the correct legal sequence: first, identify their rights over the parcel of land they are using; then verify whether the State has lawful grounds to recover the land; and finally, cross-check each step regarding notification, inventory, compensation plan, resettlement, payment, handover, and enforcement.

Each right of a land user corresponds to a corresponding obligation of the State authority. When an authority fails to properly discharge that obligation, individuals have grounds to request information, petition, file a complaint, file a denunciation, or initiate administrative proceedings.

Principle: Land appearing on a planning map or within a project boundary does not automatically give rise to an obligation to hand over the land. Land recovery is lawful only when it has a statutory basis, is within the proper jurisdiction, follows the correct procedure, has an approved compensation, support, and resettlement plan, and has completed resettlement arrangements in accordance with the conditions prescribed by law.

Part I. The Legal Map to Cross-Reference

When examining a land recovery file, one should not begin with the compensation price or with explanations from the project developer. The correct order is to proceed from the constitutional foundation, the rights of the land user, the grounds for recovery, the conditions for recovery, jurisdiction, procedural sequence, the compensation and resettlement plan, and only then move to the tools of complaint, denunciation, and litigation. The table below is designed as a reference map: by looking at each check tier, individuals know which instruments to request, which statutory provisions to read, and what questions to put to the authority carrying out the land recovery.

1. Eight-Step Legal Review Diagram

How to read the diagram: If any check step lacks clear supporting documentation, one should not proceed to the next step as though the recovery were already lawful. For example: if it has not yet been established under which sub-clause of Article 79 the project falls, the compensation price cannot yet be discussed; if Article 80 has not been satisfied, the recovery decision cannot be regarded as meeting the required conditions; if the compensation plan and resettlement have not been completed, handover of the land cannot be compelled.

2. Quick-Reference Table by Issue Group

This table does not replace the original instruments, but helps individuals know which group of regulations to locate before submitting a request for information, a petition, a complaint, or a lawsuit.

Key point when using this table: In every file, one must require the authority to answer in writing three questions: under which ground for recovery does the project fall; which conditions for recovery have been fully met; and whether the signatory and the procedural sequence are within the proper jurisdiction and are consistent with the applicable law at the relevant time. Only after these three questions have been answered should one proceed to examine price, support, and resettlement.

Part II. Rights of the Land User

Until a lawful recovery decision, which has taken effect and is being implemented in accordance with the correct procedure, exists, individuals remain land users with full rights under the Land Law. Planning maps, project boundary drawings, investment solicitation information, or project preparation documents do not automatically replace a land recovery decision.

1. General Rights

• The right to have lawful land-use rights protected: State authorities have the responsibility to protect lawful rights and interests against any act of infringement.
• The right to be issued a Certificate when conditions are met: including in cases where it is necessary to determine the origin, history of use, boundaries, and assets attached to the land.
• The right to enjoy the fruits of labour and investment returns on the land: including assets, crops, livestock, structures, and lawful benefits arising from the use of the land.
• The right to transfer rights subject to statutory conditions: conversion, assignment, lease, sublease, inheritance, donation, mortgage, and capital contribution using land-use rights when the conditions of Article 45 and related provisions are satisfied.
• The right to compensation, support, and resettlement when the State recovers the land: this right does not depend on the goodwill of the project developer but arises by operation of law if the land user meets the prescribed conditions.
• The right to file complaints, denunciations, and lawsuits: in respect of administrative decisions, administrative acts, or acts that violate lawful land-use rights.

2. Corresponding Obligations

Land users must use the land for its designated purpose, within the correct boundaries, register changes when they occur, fulfil financial obligations, protect the land, protect the environment, respect the rights of adjacent land users, and comply with lawful decisions of State authorities. These obligations do not extinguish the right to require the authority to demonstrate the grounds for recovery, the compensation price, the support policy, and the resettlement conditions.

Part III. When the State May Recover Land and When It Must Negotiate

Article 54 of the Constitution 2013 establishes the foundational requirement: land recovery may only be carried out in genuinely necessary cases as prescribed by law, for national defence, security, or socio-economic development in the national and public interest, following a transparent procedure, and with compensation as prescribed. The Land Law 2024 gives effect to that requirement in the groups of provisions on grounds, conditions, procedure, and compensation.

1. Four Groups of Grounds for Recovery

• National defence and security: the cases set out in Article 78 of the Land Law 2024.
• Socio-economic development in the national and public interest: the cases set out in Article 79. This is a statutory list; the authority implementing the project may not expand it through individual decisions or by the way a project is named.
• Violation of land law: Article 81, applicable only when there is a file, a procedure, and clear grounds establishing the violation; the label “violation” may not be used to substitute for a dispute, missing management records, or errors by the authority.
• Termination of use by operation of law, voluntary return of land, or a life-threatening risk: Article 82; the legal event and jurisdiction must be correct.

2. Conditions for Recovery of National Defence, Security, and Socio-Economic Development Projects

A project being labelled “public” or “urban” does not in itself entitle the State to recover the land. For the Article 78 and Article 79 groups, Article 80 must also be verified: the project must have a basis in the land-use plan or a valid investment decision/approval; if there is phasing, recovery must follow the schedule; and the condition for recovery is that the approval of the compensation, support, and resettlement plan and the completion of resettlement arrangements in accordance with the law must have been completed.

3. Cases Requiring Negotiation

For a project that does not fall under the cases of State land recovery, access to land must be carried out through the mechanism of negotiated transfer of land-use rights or through an existing land-use rights arrangement under Article 127 of the Land Law 2024 and its accompanying conditions. For commercial housing projects, the negotiation of land-use rights must be separately verified against the conditions of the relevant sector-specific law and Article 127; administrative pressure may not be used to compel individuals to hand over land as though it were a mandatory recovery project.

Questions that must be answered in writing: Under which clause and point of Article 78 or Article 79 of the Land Law 2024 does this project fall? If it falls under Article 78 or Article 79, has Article 80 been fully satisfied? If it does not fall under either, is the mechanism for accessing the land negotiation under Article 127 or some other mechanism?

Part IV. The Land Recovery Process and Points to Verify

The table below is for quick cross-reference. At each step, three elements must be verified simultaneously: whether the authority had proper jurisdiction at the time of issuance; whether documents were delivered, posted, and disclosed correctly; and whether individuals’ rights to participate, comment, engage in dialogue, receive the plan, receive payment, and access resettlement have been ensured.

Part V. Compensation, Support, and Resettlement

1. Principles

Compensation, support, and resettlement must be democratic, objective, fair, open, transparent, timely, and in accordance with the regulations. For persons whose residential land is recovered, resettlement must aim to provide accommodation, income, and living conditions equal to or better than those at the former place of residence; resettlement cannot be treated as the mere formal provision of minimum accommodation.

2. Groups of Items to Review

• Compensation for land: verify the land category, origin of use, conditions for compensation, area eligible for compensation, the specific land price, or the price basis applied in the plan.
• Compensation for assets attached to the land: houses, structures, crops, livestock, dismantling costs, relocation costs, and asset preservation costs if applicable.
• Compensation for remaining investment costs in the land: applicable where lawful investment in the land has not been fully recovered in value.
• Livelihood and production stabilisation support: particularly for households directly engaged in agricultural production, business households, households required to relocate, vulnerable persons, or policy beneficiaries.
• Training, vocational retraining, and job placement: not merely a monetary amount; the livelihood plan following land recovery must be reviewed.
• Resettlement: verify the location, area, technical infrastructure, social infrastructure, price of resettlement housing/land, handover date, temporary accommodation costs, and the right to choose a suitable option.

Note on compensation price: The compensation price is not one set unilaterally by the project developer. Individuals have the right to request an explanation of the basis for price determination, the valuation method, the specific land price decision, the land price schedule, the valuation certificate if any, the support policy, and the method of calculating each item in the plan.

Part VI. Self-Protection Tools

Reservation statement when compelled to sign minutes: “I sign to confirm my attendance at this working session/inventory; I do not confirm agreement with the content of the land recovery, the land category, area, boundaries, assets, compensation price, or compensation plan if I have not been able to fully cross-reference them. I reserve all rights to request information, file a petition, file a complaint, file a denunciation, and initiate a lawsuit in accordance with the law.”

Part VII. What to Do and What Not to Do

What to Do

• Retain all documents relating to the land, assets, origin of use, financial obligations, photographs of the current status, maps, notifications, meeting invitations, minutes, document receipt slips, and postal receipts.
• Attend working sessions, inventory sessions, and consultation meetings; clearly record dissenting opinions or reservations in the minutes before signing.
• Request written responses; all submissions should be sent by a method that provides evidence of the time of sending and receipt.
• Coordinate among households in the same area; designate a representative but retain each household’s individual rights over each parcel of land and its assets.
• Closely monitor the time limits for filing complaints and lawsuits; do not allow a deadline to lapse merely because one is waiting for a verbal response or an unwritten promise.

What Not to Do

• Do not sign documents indicating agreement with the plan, boundaries, assets, compensation price, or handover of the land if the content is unclear or incorrect.
• Do not unilaterally dismantle, relocate assets, or hand over the land before having received all entitlements under a lawful plan, unless having been advised and having a clear evidentiary strategy.
• Do not conduct dealings verbally only. All important requests must be in writing or recorded in minutes.
• Do not react in ways that create risks of criminal liability, administrative penalties, or grounds for adverse enforcement. Focus on evidence, time limits, and the lawfulness of each decision.

Appendix A. Checklist of Files to Request

Appendix B. Land Recovery Process Diagram

Appendix C. List of Legal Instruments to Consult

• Constitution of the Socialist Republic of Vietnam 2013, Articles 53 and 54.
• Land Law 2024 No. 31/2024/QH15 and related amending laws applicable at the relevant time; when citing formally, use the original instrument, the amending instrument, or the currently effective consolidated instrument.
• Civil Code 2015; Law on Investment; Law on Housing; Law on Real Estate Business; Law on Complaints 2011; Law on Denunciations 2018; Law on Administrative Litigation and Procedure 2015; Law on Access to Information 2016; Law on Public Reception 2013; Law on State Compensation Liability 2017; Law on Anti-Corruption; Law on Supervisory Activities of the National Assembly and People’s Councils.
• Decree 71/2024/NĐ-CP; 88/2024/NĐ-CP; 101/2024/NĐ-CP; 102/2024/NĐ-CP; 103/2024/NĐ-CP; 151/2025/NĐ-CP; 226/2025/NĐ-CP; 59/2019/NĐ-CP and any amending or replacing instruments in effect at the time of application.
• Circular 05/2021/TT-TTCP; Circular 23/2025/TT-BNNMT and any currently effective circulars issued by the Ministry of Agriculture and Environment, the Ministry of Finance, the Government Inspectorate, and the Supreme People’s Court, if relevant.
• Decisions of the provincial People’s Committees on land price schedules, specific land price decisions, asset compensation unit prices, support and resettlement policies at the local level, and individual project decisions.

Final verification point before use: Before using this guide for a specific matter, verify the date of issuance of the land recovery decision, the date of approval of the plan, the jurisdiction of the signatory, any amending instruments in effect at that time, and the local policy applicable to the project.

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PSSLEGAL Law Firm — This document is intended for reference and legal knowledge dissemination purposes only. For specific files, the original instruments must be cross-referenced and a Lawyer must be consulted.