Resolution No. 29/2026/QH16: Addressing challenges in land projects that have been ongoing for many years
On April 24, 2026, the National Assembly issued Resolution No. 29/2026/QH16 on the Mechanism for Handling Land Violations Prior to the 2024 Land Law, aimed at addressing violations of land laws in projects, and construction projects that occurred before August 1, 2024, provided that such violations stemmed from objectives of socio-economic development, national defense, and security, and did not involve corruption. The Resolution also aims to resolve difficulties for stalled projects that have been delayed for many years, applying to agencies, organizations, and individuals involved in projects within its scope of application.
Under this Resolution, prosecuting authorities may refrain from pursuing or exempt criminal liability in cases where there is no corruption, the project has been completed, has yielded economic and social benefits, and there are no remaining complaints, accusations, or the matter has been fully resolved. In cases of loss or waste of state assets, all consequences must be fully rectified to be considered for exemption from liability. For projects that have not yet been completed but where the consequences can still be remedied, the prosecuting authority may temporarily suspend criminal prosecution for a maximum period of two years to allow organizations and individuals to continue remedial actions.
Resolution 29/2026/QH16 also stipulates several special mechanisms to resolve issues related to stalled and prolonged projects:
- For projects that have been issued certificates in violation of regulations: Provincial People’s Committees must review projects that have been issued certificates in violation of regulations based on principles of objectivity, transparency, and compliance with land use planning. For projects compliant with land use planning for residential construction, state agencies will recalculate land use fees and rent based on current policies and land prices at the time of adjustment; simultaneously, investors must fully fulfill their financial obligations and demonstrate the capacity to continue implementing the project before the land use purpose is adjusted to residential land. For projects not falling under the above category, the land use certificate will be adjusted to commercial or service land. The land use term is determined in accordance with land laws; specifically, for those acquiring land use rights in the project, the land use term is 50 years from the date of acquisition. If an investor has not fulfilled their financial obligations at the time the certificate is issued in violation of regulations, they must fully fulfill these obligations before the certificate can be adjusted.
- Regarding the continued allocation or lease of land for projects violating regulations on investor selection, land management, or land use: Provincial People’s Committees shall review projects violating regulations on investor selection, land allocation, land leasing, or land use conversion to consider continuing implementation under a special mechanism. Cases to be considered include projects that were not subject to auctions or tenders but have already commenced construction; projects where the land allocation decision has been revoked; or projects where the investor has advanced funds for compensation and site clearance but has not yet been allocated land. If the investor lacks the capacity to continue implementation, the provincial People’s Committee will select another investor and reimburse the legitimate expenses incurred by the previous investor. The Resolution also requires that adjustments to investment policies must not expand the land area beyond what was proposed in the project dossier prior to August 1, 2024.
- For projects on land that was expropriated by the State in violation of legal provisions but where the investor has already incurred expenses for land acquisition: the project may still proceed if the investor demonstrates the capacity to implement it, the project is free of disputes, and it aligns with land use and construction planning regulations. If the project does not meet the above conditions, the State will terminate the project and reimburse the costs the investor has incurred for land acquisition in accordance with regulations; any assets attached to the land (if any) will be handled in accordance with the law.
- For projects with violations regarding land use purposes but that are consistent with the master plan and have been approved for investment by the competent authority: The provincial People’s Committee will review and adjust the project’s objectives, decide on land allocation, land leasing, or land use conversion to continue implementing the project in accordance with the law. The investor must fully fulfill their financial obligations regarding land. For these violations, investors will still be subject to administrative penalties and must return any illegal profits obtained from the violations. However, structures that comply with the master plan will not be required to be demolished or restored to the land’s original condition.
- For ongoing power grid construction investment projects that have not yet completed the investment policy approval procedure: this procedure does not need to be repeated. The investment project approval decision will serve as the basis for carrying out land, construction, and other related procedures in accordance with legal regulations.
This document takes effect on May 1, 2026.
