PROPOSED AMENDMENT TO THE LAND LAW: PRINCIPLE OF "NEW LIVING CONDITIONS EQUAL TO OR BETTER THAN THE PREVIOUS ONES" FOR LAND ACQUISITION

Toward Improving Resettlement Quality

According to the draft, the quality of resettlement would be evaluated not only by whether a replacement home is provided, but also through a broader set of criteria, including:

• Technical infrastructure.
• Employment and livelihood opportunities.
• Household income.
• Access to schools and healthcare services.
• Transportation, public services, and essential amenities.
• Residents' overall satisfaction after resettlement.

The proposed framework aims to establish clearer benchmarks for implementing resettlement programs while providing a basis for evaluating their effectiveness.

Proposed Standards for Resettlement Areas

The draft also outlines minimum requirements for both technical and social infrastructure in resettlement areas.

In rural areas, infrastructure would be expected to meet applicable rural development standards, while urban resettlement projects would follow urban planning and infrastructure requirements.

In addition, transportation networks, electricity, water supply and drainage systems, telecommunications, and environmental services are proposed to be developed in a coordinated manner with surrounding areas.

Regarding social infrastructure, resettlement areas are expected to provide convenient access to education, healthcare, commercial services, cultural and sports facilities, public amenities, and other essential community services, while taking local conditions and regional characteristics into account.

Priority for Resettlement Near the Original Community

The draft proposes prioritizing resettlement within the same commune or ward where the acquired land is located. If this is not feasible, alternative locations with comparable living conditions may be considered.

This approach is intended to help residents maintain their daily routines, employment opportunities, and community connections while minimizing disruptions caused by relocation.

Two Proposed Approaches to Land Acquisition Authority

The draft also presents two options regarding the authority responsible for land acquisition decisions.

Under the first option, provincial-level People's Committees would retain authority over land acquisition, compensation, support, and resettlement decisions, with the ability to delegate responsibilities in accordance with applicable regulations.

The second option proposes defining the authority of each level of local government directly in the law. Under this approach, commune-level People's Committees would handle land acquisition involving households, individuals, and residential communities, while provincial-level People's Committees would remain responsible for organizations and enterprises.

The final approach will be determined during the legislative review process.

Proposal for a More Flexible Mechanism for Certain Projects

Another proposal under consideration concerns the land acquisition process for projects considered nationally significant or requiring accelerated implementation.

Based on the review of the 2024 Land Law, the drafting agency noted that certain existing procedures may affect the implementation timeline of large-scale projects.

To address this, the draft proposes studying a more flexible mechanism for specific cases. This proposal remains under consultation and has not been adopted as official law.

Expected Impact

All of the above provisions are currently part of the draft amended Land Law and are subject to consultation with ministries, government agencies, local authorities, and relevant organizations.

If adopted after the legislative process, these proposed changes are expected to strengthen the legal framework for land acquisition, compensation, support, and resettlement, while supporting more effective land management and sustainable development in the future.