UPDATE ON THE RIGHTS OF LAND USERS AND THE RIGHTS OF PERSONS SUBJECT TO LAND RECOVERY

PART I. UNDERSTANDING LAND AND YOUR RIGHTS CORRECTLY

1. Land belongs to the entire people — so what do individuals actually own?

Under the 2013 Constitution, land belongs to the entire people, with the State acting as the representative owner and exercising unified management. This means that no individual or organisation in Vietnam may privately own a plot of land in the sense of absolute ownership.

What people actually hold is land-use rights — a form of valuable asset that is protected by law and may be transferred, leased, inherited, mortgaged, or contributed as capital. The Civil Code 2015 (Articles 105 and 115) expressly identifies land-use rights as a property right. Understanding this correctly enables people to know the scope of their rights: as broad as those attaching to an asset, yet still operating within the framework of State management.

Legal basis: Articles 53 and 54 of the 2013 Constitution; Articles 12 and 16 of the Land Law 2024; Articles 105 and 115 of the Civil Code 2015.

2. The four constitutional safeguards protecting people against land recovery

Article 54, paragraph 3 of the 2013 Constitution sets out four conditions that the State must observe when recovering land. These represent the highest shield available to the people, and all provisions in subordinate laws and decrees must conform to them:

• Recovery is permissible only in cases of genuine necessity and must be prescribed by law.

• Recovery may only be carried out for reasons of national defence and security, or for socio-economic development in the national interest or the public interest.

• The recovery must be conducted in a public and transparent manner.

• Persons from whom land is recovered must be compensated in accordance with the provisions of law.

If a land recovery violates any of these conditions, the affected person has a constitutional basis on which to file a complaint or bring legal proceedings.

PART II. RIGHTS OF LAND USERS

The rights of land users are set out in a consolidated manner in Chapter III of the Land Law 2024. They may be divided into three groups: general rights (held by all users), transactional rights (the right to dispose of the asset’s value), and specific rights that vary according to the form in which the State has allocated the land.

1. General rights — held by all land users (Article 26)

1.1. The right to be issued a Certificate (the red book or pink book)

A lawful land user has the right to be issued a Certificate of land-use rights and ownership of assets attached to land. This is the most important legal document and is a prerequisite for exercising most other rights.

Legal basis: Article 26, paragraph 1, Land Law 2024.

What people should know: If you are making stable use of land, there is no dispute, and the use is consistent with the planning scheme, yet you do not yet have a Certificate, check the conditions for its issuance — even land allocated without proper authority in the past may be considered for certification under Articles 138 and 140.

1.2. The right to enjoy the fruits of labour and the results of investment on the land

People are entitled to enjoy all the fruits of their labour and the results of their investment on the land (crops, structures, land improvement), and to benefit from State works serving the protection and improvement of agricultural land.

Legal basis: Article 26, paragraphs 2 and 3, Land Law 2024.

What people should know: This is the basis for claiming compensation for assets and residual investment costs when land is recovered.

1.3. The right to State protection against encroachment by third parties

When another person encroaches upon, occupies, or obstructs the lawful use of land, the affected person has the right to request protection from the competent State authority.

Legal basis: Article 26, paragraph 5, Land Law 2024.

What people should know: Retain complete documentation, boundary markers, and photographs of the current condition of the land. Boundary disputes may be referred to the commune-level People’s Committee for mediation before litigation is commenced.

1.4. The right to compensation when the State recovers land

When the State recovers land, a land user who meets the eligibility conditions is entitled to compensation for the land, for assets, and to receive support and resettlement.

Legal basis: Article 26, paragraph 6, Land Law 2024 (see Part III for details).

What people should know: This provision links directly to the entirety of Part III of this guide.

1.5. The right to file complaints, denunciations, and legal proceedings

People have the right to file complaints and denunciations, and to bring legal proceedings, in respect of acts that violate the law in the management and use of land, including decisions issued by State authorities.

Legal basis: Article 26, paragraph 7, Land Law 2024; the Law on Complaints 2011; the Law on Administrative Litigation and Procedure 2015.

What people should know: This is the strongest right of self-protection available. Note the time limits: a first-instance complaint must be filed within 90 days from the date the decision becomes known; an administrative lawsuit must be filed within 01 year from the date the decision is received or becomes known.

2. Transactional rights — disposing of the value of the land parcel (Article 27)

This group of rights enables people to convert land-use rights into economic value. The Land Law 2024 recognises eight such rights:

Legal basis: Article 27, Land Law 2024.

Mandatory conditions for exercising transactional rights (Article 45)

Merely holding land does not automatically entitle a person to transact. The law requires all four of the following conditions to be satisfied:

• A Certificate must exist (except in certain cases such as inheritance, land consolidation and exchange, donation to the State or to a community).

• The land must be free from dispute, or any dispute must have been resolved by a judgment or decision that has taken legal effect.

• The land-use rights must not be subject to distraint or to any other measure to secure enforcement of a judgment.

• The land must still be within its period of authorised use.

Advisory note: Before signing any contract of sale, donation, or mortgage, verify that all four conditions above are satisfied. The absence of even one condition may render the transaction void — this is the single most common cause of subsequent land disputes.

3. Other specific rights and differences according to the category of user

In addition to general rights and transactional rights, land users also have certain specific rights:

• Rights in relation to adjacent land parcels (Article 29): rights of way, drainage and water supply, and installation of utility lines across a neighbouring parcel where necessary.

• The right to choose the form of land-lease payment (Article 30): a lump-sum payment covering the entire lease term, or annual payments — this choice directly affects whether transfer and mortgage are permissible.

One important point that people frequently misunderstand: the scope of rights depends on the form in which the State allocated the land. For example, an organisation allocated land by the State without collection of land-use fees has no right to transfer, mortgage, or contribute the land as capital (Article 32). An individual using residential or agricultural land that was allocated to them has the broadest range of rights (Article 37). Therefore, the first question in any advisory context is always: in what form did the State allocate this land?

4. Rights always accompanied by obligations (Article 31)

To preserve their rights, people must fulfil corresponding obligations: use the land for the correct purpose and within the correct boundaries; register the land and register any changes; discharge all financial obligations in full (land-use fees, tax); protect the land and the environment; and hand the land back when the State issues a lawful recovery decision.

Warning: Breaching obligations — such as leaving land idle, using land for an unauthorised purpose, or encroaching — is one of the grounds on which the State may recover land for violation (Article 81) without paying compensation for the land. Fulfilling obligations is precisely how rights are preserved.

PART III. RIGHTS OF PERSONS SUBJECT TO LAND RECOVERY

This is the part that people need most and most frequently misunderstand. The rights of persons subject to land recovery may be divided into four layers: the defensive layer (limiting the power to recover), the procedural layer (the right to participate), the material-benefit layer (compensation, support, and resettlement), and the self-protection layer (complaints and legal proceedings).

1. The defensive layer — the State may only recover land in cases prescribed by law

People have the right to require that a recovery falls within the correct category and is supported by the correct legal basis. The Land Law 2024 prescribes four groups of recovery cases:

Key point for challenging a recovery: If a recovery does not fall squarely within the cases set out in Articles 78, 79, 81, or 82, or if a commercial project has been dressed up as serving the public interest in order to invoke the recovery mechanism, that constitutes the strongest possible basis for a complaint or legal proceedings. The type of project must be cross-referenced precisely against the list in Article 79.

2. The procedural layer — the right to prior notice, participation, and dialogue

2.1. The right to be notified of the recovery within a prescribed advance period

Before issuing a recovery decision, the competent authority must issue a land-recovery notice and deliver it to the affected persons:

• No later than 90 days in advance for agricultural land.

• No later than 180 days in advance for non-agricultural land.

Legal basis: Article 85, paragraph 1, Land Law 2024.

2.2. The right to comment on the compensation plan

The compensation, support, and resettlement plan must be publicly posted at the offices of the commune-level People’s Committee and at the communal meeting place of the residential area for 30 days. Following this, the implementing authority must organise a direct meeting to canvass people’s views and must prepare minutes clearly recording the number of those who agree, those who disagree, and other comments.

Legal basis: Article 87, Land Law 2024; Article 28, Decree 102/2024/NĐ-CP.

2.3. The right to dialogue when in disagreement

Within 60 days from the date on which views were canvassed, if persons remain in disagreement with the plan, the authority responsible for carrying out the compensation task must coordinate with the commune-level People’s Committee to organise a dialogue session, take on board the comments, and provide explanations. People have the right to request a direct dialogue and to have their objections recorded in the minutes.

Rights-protection tip: Always request copies of the recovery notice, the compensation plan, and the minutes of the public meeting. When you disagree, record the specific reasons for your objection in the minutes — this is critical evidence if a complaint or legal proceedings subsequently become necessary.

3. The material-benefit layer — compensation, support, and resettlement

3.1. Foundational principles (Article 91)

Compensation, support, and resettlement must be carried out in a democratic, objective, fair, public, transparent, timely, and lawful manner, with particular attention to social-policy beneficiaries and persons directly engaged in agricultural production. The overriding spirit of the Land Law 2024 is that persons whose land is recovered must have housing and living conditions equal to, or better than, those at their previous place of residence.

The strongest protective provision: Approval of the compensation, support, and resettlement plan and the arrangement of resettlement must be completed BEFORE the land-recovery decision is issued (Article 91, paragraph 6). This means it is impermissible to “recover first and arrange resettlement later”. If an authority issues a recovery decision before the plan has been approved and resettlement arranged, this constitutes a serious procedural violation and is a ground for bringing legal proceedings.

3.2. Compensation for land

People are entitled to compensation for land if they satisfy the conditions set out in Article 95 (primarily that they are in lawful use of the land, hold a Certificate, or are eligible to be issued one). Priority is given to compensation in the form of land with the same authorised purpose of use; where no land fund is available, compensation is paid in money calculated at the specific land price. Where a person wishes and the locality has a land or housing fund available, compensation may be provided in the form of land with a different authorised purpose or in the form of a house.

Legal basis: Article 91, paragraph 2; Articles 95 and 96, Land Law 2024; Decree 88/2024/NĐ-CP; Decree 71/2024/NĐ-CP on land pricing.

3.3. Compensation for assets, crops, livestock, and investment costs

In addition to land, people are entitled to compensation for losses relating to houses, structures, crops, and livestock attached to the land, and for residual investment costs in the land. Owners of crops and livestock are entitled to harvest them themselves before handing over the land.

3.4. Support

In addition to compensation, people are also entitled to support for: stabilising their livelihoods and production; training, occupational retraining, and job-seeking assistance (particularly for persons directly engaged in agricultural production); resettlement support; and other support as decided by the provincial-level People’s Committee to suit local conditions.

3.5. Resettlement

Resettlement areas must have fully developed and synchronised infrastructure and must ensure living conditions equal to, or better than, those at the previous place of residence. Persons allocated resettlement have the right to be informed in advance of the location and to inspect the resettlement houses and land before making a decision. If the compensation amount exceeds the value of the minimum resettlement allocation, the difference is paid out to the person.

4. The self-protection layer — complaints, legal proceedings, and the limits of compulsory enforcement

4.1. The right to file complaints and bring legal proceedings

When a person disagrees with a recovery decision, a compensation plan or decision, or a compulsory-enforcement decision, two avenues are available, and one may be chosen:

• Administrative complaint: submit a written complaint to the authority that issued the decision (first-instance complaint within 90 days from the date the decision becomes known); if dissatisfied with the outcome, file a second-instance complaint with the superior authority or bring proceedings before a court.

• Administrative lawsuit: file a case directly with a People’s Court within 01 year from the date the decision is received or becomes known (Law on Administrative Litigation and Procedure 2015).

If a recovery or compulsory enforcement that is unlawful causes loss, the affected person is also entitled to claim compensation under the Law on State Compensation Liability 2017.

4.2. Limits on compulsory land-recovery enforcement

Compulsory enforcement of land recovery (Article 89) may only be carried out when all the following conditions are met: the affected person has not complied with the recovery decision after the commune-level People’s Committee and the commune-level Vietnam Fatherland Front Committee have carried out mobilisation and persuasion; the compulsory-enforcement decision has been publicly posted; and a compulsory-enforcement decision that has taken legal effect is in place. Enforcement must be carried out in a public, democratic, procedurally correct, and safe manner; it may not be carried out at night or at times prohibited by law.

What people should know: Filing a complaint or bringing legal proceedings does not ordinarily automatically suspend the execution of a recovery or enforcement decision. However, once a lawsuit has been filed with a People’s Court, the person has the right to apply to the court to grant an interim emergency measure (temporary suspension of execution of the decision) if execution may cause consequences that are difficult to remedy. This application should be filed as early as possible, and simultaneously with the statement of claim.

PART IV. TIMELINE OF A LAND RECOVERY

The table below helps people visualise the sequence of steps in a land recovery carried out for the purposes of national defence and security or socio-economic development, and the actions that should be taken at each step to protect their interests (pursuant to Articles 85 to 89 of the Land Law 2024 and Article 28 of Decree 102/2024/NĐ-CP).

PART V. FREQUENTLY ASKED QUESTIONS

Q: I do not have a Certificate (red book). Will I receive compensation when my land is recovered?

A: The absence of a Certificate does not automatically mean loss of the right to compensation. The key question is whether you satisfy the conditions for the Certificate to be issued (stable use, no dispute, consistent with the planning scheme). If those conditions are met, you are still entitled to compensation for the land under Article 95. Collect documents evidencing the origin and history of your use of the land.

Q: My land is being recovered for a commercial residential project. Is this lawful?

A: It is necessary to check whether the project falls within the list set out in Article 79. Not every residential or commercial project is eligible for the State land-recovery mechanism. Many purely commercial projects must instead follow the mechanism whereby the investor negotiates directly with affected persons; the State may not recover the land on their behalf. This point requires careful scrutiny and constitutes a strong basis for challenge.

Q: I disagree with the compensation price. What should I do?

A: First, record your disagreement clearly in the minutes of the public meeting and request a dialogue session. If the outcome remains unsatisfactory, you may file a complaint against the decision approving the compensation plan (within 90 days) or bring a lawsuit before a People’s Court (within 01 year). The land compensation price is calculated at the specific land price; you may request clarification of the basis and valuation methodology used under Decree 71/2024 (as amended by Decree 226/2025).

Q: They have issued a recovery decision but have not yet arranged resettlement. Is this lawful?

A: No. Under Article 91, paragraph 6, approval of the plan and arrangement of resettlement must be completed before the recovery decision is issued. If the sequence is reversed, this constitutes a serious procedural violation and is a ground for filing a complaint or bringing legal proceedings seeking annulment of the recovery decision.

Q: If I file a complaint or bring legal proceedings, will compulsory enforcement be suspended?

A: Ordinarily it will not be suspended automatically. However, once a lawsuit has been filed with a People’s Court, the person has the right to apply for an interim emergency measure to temporarily suspend execution of the decision if execution may cause consequences that are difficult to remedy. This application should be filed as early as possible.

Q: The remaining portion of my land after the recovery is too small to be usable. What can I do?

A: If the remaining area is smaller than the minimum area prescribed by the provincial-level People’s Committee, and the person agrees, the State will recover that remaining portion as well and pay compensation for it (Article 91, paragraph 7). People should consider requesting recovery of the entire parcel if the remaining portion has no usable value.

PART VI. CHANGES FOR 2025–2026 REQUIRING SPECIAL ATTENTION

The land law framework is shifting rapidly. When providing advice, it is not sufficient to read only the text of the Land Law 2024; the layers of instruments set out below must not be overlooked, as doing so will result in incorrect citations of authority.

1. Jurisdiction has been reallocated under the two-tier local government model

The Land Law 2024, as originally enacted, still refers to the “district-level People’s Committee” in many provisions concerning recovery and compensation. Following the abolition of the district level, jurisdiction has been transferred to the provincial and commune levels pursuant to Decree 151/2025/NĐ-CP (effective 01/7/2025) and Decree 131/2025/NĐ-CP. When citing jurisdictional authority, the Law must be read through the lens of these decrees.

2. Resolution 254/2025/QH15 expands the cases in which land may be recovered

Resolution 254/2025/QH15 (effective 01/01/2026) introduces mechanisms to resolve obstacles in the implementation of the Land Law and expands certain cases in which the State may recover land. This instrument directly affects the scope of the recovery power and must be consulted when assessing the legality of any given recovery.

3. The implementing decrees have been amended

Decree 226/2025/NĐ-CP (effective 15/8/2025) amends and supplements the decrees providing detailed guidance on the implementation of the Land Law, particularly the land-valuation methodology provisions in Decree 71/2024 — which directly affect the compensation figures. Decrees 49/2026 and 50/2026 introduce further adjustments.

4. A draft Law amending the Land Law has been submitted

The Ministry of Agriculture and Environment has submitted a proposal for a Draft Law amending and supplementing certain articles of the Land Law. If passed by the National Assembly, it is expected to take effect from 01/3/2027, with the aim of codifying the decentralisation decrees and Resolution 254/2025 into statute. Accordingly, any document intended for long-term use should clearly state the date as of which it applies.

APPENDIX. QUICK-REFERENCE TABLE: RIGHTS AND LEGAL BASIS

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PSSLEGAL Law Firm — Document prepared for legal advisory purposes

This document is intended as general guidance only; each specific matter requires individual legal advice.