IMPLEMENTATION OF THE 2024 LAND LAW IN 2026: KEY LEGAL UPDATES TO NOTE

1. The 2024 Land Law and Its Implementing Regulations

The Land Law No. 31/2024/QH15 was passed by the National Assembly on January 18, 2024, establishing the legal framework governing land administration and land use in Vietnam. During its implementation, the Law has been supplemented by various decrees and guiding regulations covering land registration, the issuance of Certificates of Land Use Rights and Ownership of Assets Attached to Land, land pricing, compensation, support and resettlement, and land-related financial obligations.

According to information published on the Government Portal of Vietnam, the Land Law No. 31/2024/QH15 was passed by the National Assembly on January 18, 2024. The 2024 Land Law officially took effect on August 1, 2024, pursuant to Law No. 43/2024/QH15 dated June 29, 2024. When applying the Law to a specific transaction or administrative procedure, relevant amending and supplementing instruments, as well as transitional provisions, should also be reviewed to determine the correct legal basis applicable at the time of implementation.

Key implementing regulations include:

• Decree No. 102/2024/ND-CP, which provides detailed regulations for the implementation of certain provisions of the Land Law.

• Decree No. 71/2024/ND-CP, which regulates land prices.

• Decree No. 103/2024/ND-CP, which regulates land use levies and land rents.

These instruments should be considered alongside subsequent amendments, supplements, and implementing guidance, rather than being relied upon in isolation.

2. Key Land Law Developments to Note in 2026

1. Land Price Tables and the Determination of Financial Obligations

One of the key developments in implementing the 2024 Land Law concerns the framework for preparing and applying land price tables. Under Article 159 of the Law, land price tables are prepared in accordance with the prescribed legal procedures and apply from January 1, 2026. Their adjustment and updating fall within the authority of the relevant state agencies, as provided by law.

Land price tables play an important role in determining certain land-related financial obligations and charges. Accordingly, the applicable land price must be determined based on the land price table promulgated by the relevant provincial-level authority, the land use purpose, the location of the land parcel, and the specific legal circumstances of the case.

When conducting a transaction or preparing an investment plan, parties should not assume that prices listed in a land price table are equivalent to market transaction prices. These are distinct types of prices, serving different purposes and determined using different methodologies.

Reference: Land Law No. 31/2024/QH15 – Government Portal of Vietnam.

2. Land Use Levies and Land Rents

Land-related financial obligations directly affect the costs incurred by land users, real estate developers, and property investors.

Decree No. 103/2024/ND-CP regulates land use levies and land rents. On November 6, 2025, the Government promulgated Decree No. 291/2025/ND-CP, which amends and supplements certain provisions of Decree No. 103/2024/ND-CP and Decree No. 104/2024/ND-CP concerning the Land Development Fund. Decree No. 291/2025/ND-CP took effect on the date of its promulgation. (Source: vanban.chinhphu.vn)

In addition to the general provisions of the 2024 Land Law, the Government continues to refine implementing regulations to address difficulties and obstacles arising in land administration and land use. Matters concerning land use levies, land rents, and the fulfillment of financial obligations must be assessed in accordance with the applicable laws and the circumstances of each case. Individuals, businesses, and investors should consult official legal documents currently in force before completing procedures or determining their financial obligations.

These instruments must be interpreted within their respective scopes of application, particularly when determining land use levies or land rents, or handling applications arising during the implementation of land legislation. The amount payable in each case depends on factors such as the type of land, the origin of land use, the form of land allocation or lease, the date on which the financial obligation arises, and any relevant transitional provisions.

3. Resolution No. 254/2025/QH15 and Measures to Address Obstacles in Implementing the Land Law

During the implementation of land policies, certain applications and projects may encounter difficulties relating to administrative procedures, the determination of financial obligations, the authority responsible for handling cases, or transitional provisions.

Resolution No. 254/2025/QH15 establishes mechanisms and policies aimed at addressing difficulties and obstacles in the implementation of the Land Law. Decree No. 49/2026/ND-CP provides guidance on certain provisions of this Resolution and addresses matters relating to implementation and the allocation of authority in the land sector. Decree No. 50/2026/ND-CP focuses on land use levies and land rents.

The application of these mechanisms must be based on the conditions, scope, and procedures prescribed in each legal instrument. It should not be assumed that every delayed project or case involving implementation difficulties automatically qualifies for these measures.

Reference: Resolution No. 254/2025/QH15 – National Database of Legal Normative Documents.

3. The Land Law in the Context of Vietnam’s Real Estate Legal Framework

Land legislation is closely interconnected with housing law, real estate business legislation, and regulations governing transactions, identity verification, and data management. Accordingly, assessing the legal status of a project requires more than verifying land use rights; it also involves examining other applicable legal requirements based on the project type and transaction structure.

Changes to the legal framework may affect investment preparation, land-related cost calculations, document completion, and transaction procedures. In particular, developments in Vietnam’s real estate legal framework and the use of VNeID in related administrative procedures reflect broader efforts to enhance transparency and improve administrative processes in the sector.

Monitoring related regulations together gives businesses and investors a more comprehensive basis for assessing legal compliance, implementation timelines, and the obligations associated with a real estate project.

1. What Should Individuals, Businesses, and Investors Keep in Mind?

To minimize risks when carrying out land-related procedures or transactions, the following considerations are important:

• Verify the applicable legal instruments: Review the Land Law, its implementing decrees, and relevant amending or supplementing instruments in relation to the specific circumstances.

• Verify land parcel information: Check the land use purpose, land use term, legal status, planning information, and any restrictions on land use rights, where applicable.

• Review financial obligations: Determine the legal basis for calculating land use levies, land rents, and other payable amounts under the regulations applicable when the obligation arises.

• Assess project documentation: For investment projects, review all relevant land-related legal requirements, together with applicable requirements concerning investment, construction, housing, and real estate business.

• Monitor transitional provisions: For applications already received or projects currently underway, determine whether transitional provisions apply rather than automatically applying new regulations to every case.

For applications involving transitional issues, disputes, or complex financial obligations, the relevant legal instruments and original documentation should be carefully reviewed before any decision is made.

2. Keeping Up with Land Legislation: A Foundation for Sustainable Investment Decisions

In 2026, particular attention should be paid to implementing the 2024 Land Law and the associated system of implementing regulations, amendments, and supplements. Provisions concerning land price tables, financial obligations, and mechanisms for addressing implementation difficulties may directly affect land users’ rights, as well as the costs and timelines of real estate projects.

Keeping up to date with information from official legal sources, identifying the correct applicable regulations, and reviewing documentation on a case-by-case basis are essential steps toward minimizing legal risks and promoting greater transparency in land-related decisions.