3 important rights when land is in the 2026 plan

1. Being requested to be granted a term construction permit

- From January 1, 2026 to June 30, 2026, based on the provisions of Clause 5, Article 94 of the 2014 Construction Law amended by Clause 33, Article 1 of the revised 2020 Construction Law and Clause 3, Article 29 of Decree 140/2025/ND-CP stipulating that after 3 years from the date of announcement of the annual land use plan of the commune level, the competent state agency has not made a decision to recover land or has not allowed the change of land use purpose according to the annual land use plan of the commune level that has been announced without adjusting, canceling or having adjusted, canceled but not announcing the adjustment, cancellation of the annual land use plan of the district level, land users are entitled to request a term construction permit.

- From July 1, 2026, based on the provisions of Clause 2, Article 44 of the 2025 Construction Law on the issuance of term construction permits for works in areas planned according to the law on urban and rural planning or other sectoral detailed plans approved and announced by competent state agencies but not yet implemented and without land recovery decisions from competent state agencies.

2. Still be allowed to continue using and receive certain land use rights

Case 1: Land use planning has been announced without an annual land use plan

Based on the provisions of Clause 4, Article 76 of the 2024 Land Law, in cases where land use planning has been publicly announced but there is no annual commune-level land use plan, land users are allowed to continue to use and exercise their rights according to the provisions of the 2024 Land Law, including:

- Be granted a Certificate of land use rights, ownership of assets attached to land when sufficient conditions are met according to the provisions of land law.

- Enjoying labor achievements and investment results on legally used land.

- Enjoy the benefits when the State invests to protect, renovate and develop agricultural land.

- Be guided and assisted by the State in improving and restoring agricultural land.

- Be protected by the State when others infringe upon their legitimate rights and interests in land.

- Be entitled to change the land use purpose according to the provisions of this Law and other relevant legal regulations.

- Being compensated, supported, and resettled when the State recovers land according to the provisions of the 2024 Land Law.

- Complaints, denunciations, lawsuits about acts violating their legal land use rights and other acts violating land law.

- To exercise the rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, contribute capital with land use rights according to the provisions of the 2024 Land Law and other relevant laws...

Case 2: Annual land use plan

For land areas that must be recovered and converted for land use purposes in the annual district-level land use plan, land users are allowed to continue to exercise their rights as land users but are not allowed to build new houses, works, or plant new perennial trees;

Land users are allowed to build according to a term construction permit, renovate and repair existing houses and works in accordance with the law on construction and relevant laws...

In case the competent authority approving the annual land use plan at the district level does not adjust or cancel it, or adjusts or cancels it but does not publicly announce it, land users are not restricted in terms of land use rights that have been prescribed by law.

3. Being compensated for land and assets attached to land

Based on the provisions of Clause 1, Article 95 of the 2024 Land Law, for land under planning that must be recovered, compensation for land will be granted if the following conditions are met:

- Households and individuals currently using land that is not leased land pay annual land rent;

- Having a Certificate of land use rights or a Certificate of house ownership and residential land use rights or a Certificate of land use rights, house ownership and other assets attached to land or a Certificate of land use rights, ownership of assets attached to land;

- Having a decision to allocate land or a decision to lease land or a decision to allow the change of land use purpose of a competent state agency;

- Having one of the documents on land use rights as a basis for issuing a Certificate of land use rights, ownership of assets attached to land as prescribed in Article 137 of the 2024 Land Law;

- Receiving land use rights transfer according to the provisions of law from people with legal land use rights but who have not completed land registration procedures;

- Being allowed to use land according to the agreement in the mortgage contract to handle debts; document recognizing the results of the land use right auction where the winning bidder has completed financial obligations according to the provisions of law.

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