The draft stands in contrast to the 2024 Land Law, which requires authorities to complete the resettlement process before they can repossess land.
The Latest: On the morning of Oct. 29, the National Assembly debated a draft amendment to the Land Law on the floor.
- Under Clause 4, Article 41 of the draft, forced land seizures from citizens who require resettlement “may only be carried out after a resettlement area is available or temporary housing has been arranged under an approved plan.”
- Lawmakers expect to vote on the draft, which was initially presented to the National Assembly on Oct. 22, on Nov. 21.
During the Session: Nguyễn Bình Tân, deputy head of the Cà Mau delegation of National Assembly deputies, proposed removing the phrase “or temporary housing has been arranged” from the draft’s provision on forced land seizure.
- Tân argued that temporary housing “cannot be treated as an indefinite substitute for resettlement.”
If the temporary housing provision remains, Tân stated that the law must:
- Define the maximum duration for temporary housing.
- Set housing standards.
- Set the amount of rent support provided.
- Provide a timeline for when permanent home handovers will be.
- State which party will be held accountable for resettlement delays.
Tân proposed ensuring compensation aligns with the value of seized land-use rights, includes a guaranteed minimum, and sets a payment deadline.
From Other Deputies: In the same session, other deputies emphasized post-seizure livelihoods.
- Nguyễn Ngọc Sơn of the Hải Phòng delegation proposed that the law address cases where people are “unable to secure equivalent housing or restore their income at their new home.”
- Triệu Thị Ngọc Diễm of the Cần Thơ delegation proposed that livelihood restoration plans include “funding, a timeline, and a responsible agency.”
- Nguyễn Thị Yến Nhi, deputy head of the Vĩnh Long delegation, spoke about projects where investors negotiate to buy land from residents. She noted that while a large majority of residents agreeing to sell might justify seizing the remaining land, it “should not be the only condition.”
Prior to this meeting, no deputy had raised the issue of citizens losing their land during the first 10 days of the session.
Response from the Ministry: Responding to the assembly, the Minister of Agriculture and Environment Trịnh Việt Hùng stated that the draft “shifts the mindset from compensating for seized property to rebuilding people’s lives.”
- He pledged “not to abuse land seizures and not to create difficulties for project implementation.”
The Background: The current 2024 Land Law establishes strict prerequisites for property recovery.
- Clause 6, Article 91 states: “The approval of compensation, support, and resettlement plans and the arrangement of resettlement must be completed before a land seizure decision is issued.”
However, since Jan. 1, National Assembly Resolution 254/2025 has provided exceptions, allowing land to be seized before resettlement is completed in three specific scenarios:
- Urgent public investment projects
- On-site resettlement projects
- Resettlement projects along the route of major infrastructure
Earlier, the government also proposed omitting land seizure procedures from the law, which would leave the government to issue administrative guidance instead of setting rigid rules.
- Furthermore, the draft amendment has already dropped market-based land prices, switching to provincial price tables to calculate compensation.
Establishing Precedent: At the municipal level, Hà Nội has already implemented similar temporary housing measures.
Since Sept. 26, the Hà Nội People’s Committee Decision 127/2026 has permitted land seizures under just two conditions:
- The approval of a compensation, support, and resettlement plan
- The provision of temporary housing or a monetary equivalent to residents.
This decision sparked anger among locals, especially considering that three months prior, Hà Nội People’s Committee Chairman Vũ Đại Thắng publicly stated that the city would only relocate residents after resettlement areas were completed.
Why It Matters: The full text of the draft submitted to the National Assembly on Oct. 22 remains unpublished.
- The public’s knowledge of its contents relies on the provisions reported by state media.
- The only publicly available version was posted on the National Assembly’s public comment portal on July 21.
Furthermore, state media reports have not clarified whether the draft amendment’s temporary housing provision is restricted to specific project types, as is the case under Resolution 254.
Thành Phương wrote this news article in Vietnamese and published it in Luật Khoa Magazine on October 29, 2026. The Vietnamese Magazine translated it into English.
