A wholly new criminal law mechanism in Việt Nam has emerged for the first time in a land-related National Assembly resolution, arriving ahead of formal amendments to the Penal Code.
The Latest: On April 24, 2026, the National Assembly passed Resolution 29/2026, which outlines special mechanisms and policies to address violations of land law. The resolution takes effect on May 1, 2026.
Notably, Article 6 introduces the deferral of criminal liability, granting organizations and individuals time to remedy the consequences of their land-related infractions.
The Details: Under Article 2, the subjects eligible for the deferral of criminal liability and other special mechanisms include agencies, organizations, and individuals involved in (i) land law violations regarding projects or works, as well as those involved in (ii) long-delayed or stalled projects.
Only violations that occurred before Aug. 1, 2024, are eligible for consideration. This date marks the entry into force of the 2024 Land Law and closely coincides with the election of Tô Lâm as General Secretary of the Communist Party (Aug. 3, 2024).
To apply this mechanism, three conditions must be met: the violation was committed for the purpose of socio-economic development or national defense and security; it did not involve corruption; and there is a commitment to remedy consequences and deliver socio-economic benefits.
Article 4 of the resolution defines these terms:
- “Non-corruption” refers to the absence of corrupt acts or corruption-related crimes under applicable laws, as formally concluded in writing by a competent authority.
- “Socio-economic development” and “national defense and security purposes” refer to activities, policies, or decisions undertaken by competent authorities to promote local and national development, improve living standards, safeguard independence, sovereignty, unity, and territorial integrity, and ensure national security, public order, and social stability under the socialist system.
- “Delivering socio-economic benefits” means promoting economic growth, attracting investment, creating jobs, improving infrastructure, enhancing living standards, and ensuring social welfare.
- “Remedying consequences” refers to compensation by violators and beneficiaries of the violations to safeguard the interests of the state, affected parties, and bona fide third parties.
Furthermore, Chapter II of Resolution 29/2026 (Articles 5–10) introduces a series of new criminal-handling mechanisms in the land sector not found in the current Penal Code. These include non-prosecution, exemption from criminal liability, decisions not to initiate cases, suspension or termination of investigations, and postponement or exemption from serving sentences.
The Background: The deferral of criminal liability is an entirely new concept in Việt Nam’s criminal law. The current Penal Code and Criminal Procedure Code contain no provisions that allow authorities to halt the criminal process at such an early stage to allow violators time to remedy consequences.
Previously, the Ministry of Public Security proposed this exact mechanism—with closely mirroring conditions—in a policy draft for amending the Penal Code released on April 17, 2026. However, that formal draft remains under public consultation until May 7, 2026.
Why It Matters: As of March 30, 2025, Việt Nam has 4,489 land-related projects facing difficulties or legal obstacles, with total investment exceeding 3,352 trillion đồng. Of these, 1,524 stalled projects fall under the jurisdiction of the National Assembly.
A full draft of the revised Penal Code with detailed provisions is expected to be released for public comment in July 2026, before being submitted to the 16th National Assembly for review at its third session and approval at its fourth session in 2027.
Trường An wrote this article in Vietnamese and published it in Luật Khoa Magazine on May 5, 2026. The Vietnamese Magazine has the copyrights of the English translation.
