The Latest: On April 24, 2026, the National Assembly passed Resolution 29/2026, which introduces special mechanisms and policies to address violations of land law. Effective May 1, 2026, the resolution introduces an unprecedented legal provision: it grants non-prosecution and exemption from criminal liability for land law violations, provided the responsible parties fully remedy the consequences and meet specific statutory conditions.
The Details: Under Article 5, the exemption mechanism applies in two distinct scenarios:
(i) If there is no loss or waste of state assets, the following conditions must be met: there is no corruption; the act was carried out for socio-economic development or national defense and security; the project or work has been completed and delivers socio-economic benefits; and there are no complaints or denunciations, or any such cases have been fully resolved.
(ii) If there is loss or waste of state assets, in addition to meeting the above conditions, the responsible parties must fully remedy all consequences.
Under Article 8, authorities shall decide not to initiate a criminal case during the handling of crime reports if they find sufficient grounds. Furthermore, authorities shall issue decisions to suspend the investigation or terminate the case entirely if it has already entered the investigation, prosecution, or trial phases.
Under Article 2, the subjects eligible for this mechanism and other special measures include agencies, organizations, and individuals involved in land law violations in projects or works, as well as long-delayed or stalled projects. Crucially, both categories must involve violations that occurred before Aug. 1, 2024.
Article 4 of the resolution defines the key terms for these exemptions:
- “Non-corruption” means no acts of corruption or corruption-related crimes under applicable law, as formally concluded in writing by a competent authority.
- “Socio-economic development” and “national defense and security purposes” refer to actions, policies, or decisions by competent authorities aimed at promoting development, improving living standards, safeguarding sovereignty and territorial integrity, and ensuring national security, public order, and social stability under the socialist system.
- “Delivering socio-economic benefits” means promoting growth, attracting investment, creating jobs, improving infrastructure, enhancing living standards, and ensuring social welfare.
- “Remedying consequences” means that violators and those benefiting from the violations provide material compensation to safeguard the interests of the state, affected parties, and bona fide third parties.
The Background: Current legal frameworks do not provide for exemption from criminal liability solely on the basis of fully remedying consequences and meeting additional conditions, making this resolution a measure that runs ahead of the forthcoming penal laws.
As of March 30, 2025, Việt Nam had 4,489 land-related projects facing difficulties or legal obstacles, with a total investment exceeding 3,352 trillion đồng. Out of these, 1,524 stalled projects fall directly under the jurisdiction of the National Assembly.
Earlier, in a policy draft to amend the Penal Code released on April 17, 2026, the Ministry of Public Security proposed similar measures to reduce or waive criminal liability or penalties for those who fully remedy consequences. These proposed measures include deferring criminal liability to allow time for remediation and significantly reducing sentences—even from the death penalty to a term of no more than 20 years—for individuals who show remorse and fully compensate for damages.
However, that draft remains only a policy direction and is under public consultation until May 7, 2026.
Why It Matters: Only violations committed before August 1, 2024, are eligible for consideration. This is the date the 2024 Land Law took effect and closely coincides with the election of Tô Lâm as General Secretary of the Communist Party (Aug. 3, 2024).
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 adoption 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.
