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THE NATIONAL
ASSEMBLY OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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Resolution No. 29/2026/QH16
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Hanoi, April 24, 2026
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RESOLUTION
ON SPECIAL MECHANISMS AND POLICIES FOR
ADDRESSING LAND LAW VIOLATIONS COMMITTED BY ORGANIZATIONS AND INDIVIDUALS
BEFORE THE LAW ON LAND 2024 COMING INTO FORCE AND FOR RESOLVING OBSTACLES TO
DELAYED AND UNRESOLVED PROJECTS
THE NATIONAL ASSEMBLY
Pursuant to the
Constitution of the Socialist Republic of Vietnam amended by Resolution No.
203/2025/QH15;
Pursuant to the Law on
Organization of the National Assembly No. 57/2014/QH13 amended in by the Law
No. 65/2020/QH14 and the Law No. 62/2025/QH15;
Pursuant to the Law on
Promulgation of Legislative Documents No. 64/2025/QH15, amended by the Law No.
87/2025/QH15;
HEREBY RESOLVES:
Chapter
I
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Article
1. Scope
This Resolution provides
for special mechanisms and policies regarding:
1. Handling of land law violations in projects and works carried
out for socio-economic development purposes, for national defense and security
purposes, and not involving corruption committed before August 1, 2024;
2. Continued resolution of obstacles to delayed and unresolved
projects before August 1, 2024.
Article
2. Regulated entities
1. Agencies, organizations, and individuals related to
violations and handling of land law violations in projects and works carried
out for socio-economic development purposes, for national defense and security
purposes, and not involving corruption specified in clause 1 Article 1 of this
Resolution.
2. Agencies, organizations, and individuals related to delayed
and unresolved projects specified in clause 2 Article 1 of this Resolution.
Article
3. Principles for implementation
1. General principles:
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b) Ensure that violations
are not legitimized and that no new violations arise; inspect, supervise, and
take strict action against organizations and individuals abusing the
implementation of this Resolution to commit corruption, wastefulness,
misconduct, or conceal violations;
c) Maintain conformity
with objective realities and specific historical circumstances; ensure
harmonization between the interests of the State, the lawful rights and
interests of relevant entities, and the legitimate interests of bona fide third
parties within the overall interests of the nation in accordance with law;
maintain security, public order, and social safety.
2. The application of the provisions of Chapter II of this
Resolution must meet the principles specified in clause 1 of this Article and
the following principles:
a) Clearly identify the
roles, motives, and purposes of violating organizations and individuals; the
causes, nature, and extent of damage; extent of remediation; documents and
evidence for determining whether corrupt practices exist; the political and
socio-economic benefits of projects and works; and aggravating and mitigating
circumstances; promptly conclude and handle, without undue delay, cases and
matters involving land law violations and issue handling decisions in
accordance with this Resolution;
b) Clearly distinguish the
handling of liability of violating organizations and individuals from solutions
for resolution of obstacles and remedying consequences (if any) for each
project and work in order to promptly put land into effective use and
utilization, avoiding loss and wastefulness;
c) The provisions of this
Resolution shall not apply to reconsider disciplinary decisions or legally
effective criminal judgments against organizations and individuals committing
land law violations arising before August 1, 2024.
3. The application of the provisions of Chapter III of this
Resolution must ensure the principles specified in clause 1 of this Article and
the following principles:
a) Only projects specified
in clause 2 Article 1 of this Resolution identified in inspection conclusions,
examination conclusions, and court judgments, where violations are attributable
to faults of regulatory agencies or both regulatory agencies and investors or
project developers, shall be eligible for consideration and resolution of
obstacles. The
resolution of obstacles to projects must minimize legal claims, especially for
projects involving foreign elements; and ensure the lawful rights and interests
of bona fide third parties;
b) The application of
policies for resolution of obstacles to projects must conform to the Party’s
guidelines and the State’s policies and laws; ensure the principle that
investors and project developers fully fulfill financial obligations to the
State and do not adversely affect national security and national defense; and
ensure capacity and conditions for project execution in accordance with law;
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Article
4. Definitions
For the purpose of this
Resolution, these terms below shall be construed as follows:
1. “Not involving corruption” means not committing corrupt practices prescribed in the Law
on Anti-Corruption or corruption-related crimes prescribed in the Criminal
Code, as concluded in writing by investigation authorities, procuracies,
courts, or other competent authorities in accordance with law.
2. “For socio-economic development purposes” means that competent organizations or individuals conduct
operations or issue policies or decisions aimed at promoting socio-economic
development of local areas and the country and improving the quality of life of
the People.
3. “For national defense and security purposes” means that competent organizations or individuals conduct
operations or issue decisions or measures aimed at protecting the independence,
sovereignty, unity, and territorial integrity of the Fatherland; protecting
national security; maintaining public order and social safety; and ensuring the
stability of the State and the socialist regime.
4. “No complaints or denunciations, or complaints and
denunciations having been fully resolved in accordance with regulations” means that no valid complaints or denunciations arise, or
where complaints or denunciations arise, competent authorities have issued
notices terminating acceptance and settlement of the matter or the matter has
been resolved by legally effective settlement documents in the judicial sector
up to the time of consideration and handling of violations under this
Resolution.
5. “Damage” caused by land law violations means material damage.
6. “Remedying damage” means
that violating individuals and organizations or individuals having direct
interests derived from land law violations committed by agencies, cadres, civil
servants, public employees, or members of the People’s Armed Forces provide
material compensation in order to protect the interests of the State, relevant
parties, and bona fide third parties; and ensure harmonization of interests
among the State, enterprises, investors, and citizens within the overall interests
of the nation.
7. “Bringing socio-economic benefits to local areas and the
country” means promoting economic growth,
attracting investment, creating jobs, improving technical infrastructure,
improving the quality of life of the People, and ensuring social security.
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9. “Unlawfully issued certificate” means a Certificate of land use rights or a Certificate of
land use rights and ownership of houses and other property on land issued by a
competent regulatory agency, stating the land use purpose as residential land
(without formation of residential units), or residential land (for construction
and real estate/tourism business), or residential land with other information
inconsistent with land laws.
Chapter
II
HANDLING
OF LAND LAW VIOLATIONS COMMITTED BY ORGANIZATIONS AND INDIVIDUALS BEFORE THE
LAW ON LAND 2024 COMES INTO FORCE
Article
5. Exemption from criminal prosecution
Competent authorities
conducting legal proceedings shall exempt criminal prosecution in the following
cases:
1. Where no loss or waste of State assets is caused, all of the
following conditions must be fully satisfied:
a) Not involving
corruption;
b) For socio-economic
development purposes and for national defense and security purposes;
c) Projects and works have
been completed and bring socio-economic benefits to local areas and the country;
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2. Where loss or waste of State assets is caused, the
conditions specified in clause 1 of this Article must be satisfied and all
consequences must have been fully remedied.
Article
6. Suspension of criminal prosecution
Competent authorities
conducting legal proceedings shall consider suspension of criminal prosecution
to enable organizations and individuals to remedy consequences if all of the
following conditions are fully satisfied:
1. Violations are committed for socio-economic development
purposes or for national defense and security purposes;
2. Loss or waste of State assets is caused but not involving
corruption;
3. Projects and works are under implementation and have not yet
been completed, and consequences have not yet been remedied due to objective
causes, but there remain feasible capabilities, plans, and conditions for
remedying consequences and bringing socio-economic benefits to local areas and
the country, together with commitments from relevant organizations and
individuals to remedy consequences and actively carry out such remediation
according to the committed schedule and plan.
Article
7. Exemption from criminal liability
During the stages of
investigation, prosecution, and adjudication, competent procedural authorities
and persons conducting legal proceedings shall grant exemption from criminal
liability in the cases specified in Article 5 of this Resolution.
Article
8. Decision not to institute criminal proceedings; suspension of settlement of
denunciations and information on crimes and recommendations for criminal prosecution;
suspension or termination of investigation; suspension or termination of
investigation against suspects; suspension or termination of criminal
proceedings; suspension or termination of criminal proceedings against suspects
and defendants; and adjournment of trials
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Where sufficient grounds
specified in Article 6 of this Resolution exist, competent authorities
conducting legal proceedings shall issue decisions on suspension of settlement
of denunciations and information on crimes and recommendations for criminal
prosecution. The
maximum period of suspension shall be 2 years from the date of issuance of the
decision and shall not be included in the statute of limitations for criminal
liability.
2. During the stages of investigation, prosecution, and adjudication,
where sufficient grounds specified in Article 5 and Article 7 of this
Resolution exist, Investigation Authorities shall issue decisions on
termination of investigation; Procuracies and Courts shall issue decisions on
termination of criminal proceedings and termination of criminal proceedings
against suspects and defendants.
Where sufficient grounds
specified in Article 6 of this Resolution exist, investigation authorities
shall issue decisions on suspension of investigation; Procuracies shall issue decisions
on suspension of criminal proceedings and suspension of criminal proceedings
against suspects; courts shall issue decisions on suspension of criminal
proceedings, suspension of criminal proceedings against suspects and
defendants, and adjournment of trials.
The maximum period of
suspension of investigation of criminal cases, suspension of investigation
against suspects, suspension of criminal proceedings, suspension of criminal
proceedings against suspects and defendants, and adjournment of trials shall be
2 years from the date of issuance of the decision and shall not be included in
the statute of limitations for criminal liability.
3. Upon expiry of the periods of suspension of settlement of
denunciations and information on crimes and recommendations for criminal
prosecution, suspension of investigation of criminal cases, suspension of
investigation against suspects, suspension of criminal proceedings, suspension
of criminal proceedings against suspects and defendants, and adjournment of
trials specified in clause 1 and clause 2 of this Article, competent
authorities conducting legal proceedings shall handle them as follows:
a) Where all consequences
have been fully remedied, investigation authorities shall issue decisions not
to institute criminal proceedings or decisions on termination of investigation;
Procuracies and Courts shall issue decisions on termination of criminal
proceedings and termination of criminal proceedings against suspects and
defendants;
b) Where all consequences
have not been fully remedied, competent authorities conducting legal
proceedings shall carry out procedures in accordance with the Criminal
Procedure Code and, based on the ratio of remedied consequences and
socio-economic benefits brought to local areas and the country, decide on
mitigation of criminal liability.
Article
9. Postponement of enforcement of sentences, exemption from or reduction of
penalties, and expungement of criminal records for cases already adjudicated
1. Where an individual has already been subject to a court
judgment but no enforcement decision has yet been issued, and sufficient
grounds specified in Article 6 of this Resolution exist, the Court shall issue
a decision on postponement of enforcement of the sentence.
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2. Upon expiry of the period of postponement of enforcement of
the sentence specified in clause 1 of this Article, proceed as follows:
a) Where all consequences
have been fully remedied, the Court shall decide on exemption from serving the
sentence;
b) Where all consequences
have not been fully remedied, the competent Court shall issue a decision on
enforcement of the judgment; and, based on the ratio of remedied consequences
and socio-economic benefits brought to local areas and the country, decide on
reduction of the imposed sentence or reduction of the sentence-serving period
in special cases.
3. Persons committing violations satisfying the conditions
specified in the cases provided in Article 5 of this Resolution and currently
serving sentences or currently subject to suspension of sentence enforcement
shall be exempted from serving the remaining sentence; where they have not yet
commenced serving the sentence or are currently subject to postponement of
sentence enforcement, they shall be exempted from serving the sentence.
4. Where persons currently serving imprisonment sentences
satisfy sufficient grounds specified in Article 6 of this Resolution, the Court
shall decide on suspension of enforcement of imprisonment sentences. The maximum period of
suspension of imprisonment sentence enforcement shall be 2 years from the date
of issuance of the decision and shall not be included in the sentence-serving
period.
Upon expiry of the period
of suspension of imprisonment sentence enforcement specified in this clause,
proceed as follows:
a) Where all consequences
have been fully remedied, the Court shall decide on exemption from serving the
remaining sentence period;
b) Where all consequences
have not been fully remedied, the Court shall issue a decision to continue
enforcement of the sentence; and, based on the ratio of remedied consequences
and socio-economic benefits brought to local areas and the country, decide on
reduction of the imposed sentence or reduction of the sentence-serving period
in special cases. After the sentence has been fully served in accordance with
regulations, the Court shall consider deciding on reduction of the period for
expungement of criminal records.
5. Persons committing violations who have fully served their
sentences and whose criminal records have not yet been expunged, but satisfy
sufficient grounds specified in Article 5 of this Resolution, shall
automatically have their criminal records expunged and be exempted from
probation periods in accordance with the Criminal Code.
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Article
10. Provisions on disciplinary action against cadres, civil servants, public
employees, and members of the People’s Armed Forces
1. Cadres, civil servants, public employees, and members of the
People’s Armed Forces committing disciplinary violations in accordance with law
but for socio-economic development purposes, for national defense and security
purposes, not involving corruption, where projects and works have been
completed and bring socio-economic benefits to local areas and the country, and
where no complaints or denunciations arise or complaints and denunciations have
arisen but have been fully resolved in accordance with regulations, shall be
exempted from disciplinary sanctions if satisfying one of the following
conditions:
a) No loss or waste of
State assets is caused;
b) Loss or waste of State
assets is caused but all consequences have been fully remedied.
2. Cadres, civil servants, public employees, and members of the
People’s Armed Forces committing disciplinary violations in accordance with law
but for socio-economic development purposes, for national defense and security
purposes, causing loss or waste of State assets but not involving corruption,
where projects and works are under implementation and have not yet been
completed, and consequences have not yet been remedied due to objective causes
but there remain feasible capabilities, plans, and conditions for remediation
in order to bring socio-economic benefits to local areas and the country,
together with commitments from relevant organizations and individuals to remedy
consequences and actively carry out such remediation according to the committed
schedule and plan, shall be considered for temporary non-imposition of
disciplinary sanctions in order to remedy consequences. The maximum period during
which disciplinary action is not considered shall be 2 years and shall not be
included in the statute of limitations for disciplinary action.
3. Upon expiry of the period specified in clause 2 of this
Article, proceed as follows:
a) Where all consequences
have been fully remedied, the provisions of clause 1 of this Article shall
apply;
b) Where all consequences
have not been fully remedied, competent authorities shall, based on the ratio
of remedied consequences and socio-economic benefits brought to local areas and
the country, decide on mitigation of disciplinary sanctions.
Chapter
III
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Article
11. Handling of projects granted unlawfully issued certificates
For projects granted
unlawfully issued certificates, Province-level People’s Committees shall review
planning schemes in accordance with laws on urban and rural planning, ensuring
independence, objectivity, and transparency. Upon completion of such review, the project shall be handled
as follows:
1. Where projects conform to planning schemes that have land
use functions for residential construction:
a) Province-level People’s
Committees shall determine land use levies and land rents of projects according
to policies and land prices applicable at the time competent regulatory
agencies adjust unlawfully issued certificates to residential land purposes in
order to determine amounts required to be collected from differences in land
use levy and land rents at the time of adjustment of certificates granted in
accordance with this Resolution;
b) Investors and project
developers shall fulfill financial obligations to competent regulatory agencies
and ensure capability for continued project implementation in accordance with
law.
Where investors and
project developers fail to fully fulfill financial obligations to competent
regulatory agencies in accordance with regulations and fail to ensure
capability for continued project implementation, proceed in accordance with
clause 2 of this Article;
c) Adjust the land use
purpose stated in unlawfully issued certificates of investors and project
developers or unlawfully issued Certificates of land use rights of land users
having received transfer of land use rights within projects into residential
land purposes. Land
use term and land use regime shall comply with land laws applicable to
residential land.
2. For projects not falling within the cases specified in
clause 1 of this Article:
a) Adjust the land use
purpose stated in unlawfully issued certificates of investors and project
developers into commercial and service land purposes;
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b) Adjust the land use
purpose stated in unlawfully issued certificates of land users having received
transfer of land use rights within projects into commercial and service land
purposes. Land
use term shall be 50 years calculated from the time of receipt of transfer of
land use rights from project developers;
c) In the cases specified
at point a and point b of this clause where investors and project developers have
not fully fulfilled financial obligations at the time unlawfully issued
certificates are granted, investors and project developers shall fully fulfill
outstanding financial obligations existing at the time unlawfully issued
certificates are granted before adjustment of such unlawfully issued
certificates.
Article
12. Handling continuation of allocation of land and land lease for projects
violating regulations on investor selection and land administration and use
1. Province-level People’s Committees shall review projects and
land involving violations relating to investor selection, allocation of land,
land lease, and permission for change of land use purpose stated in inspection
conclusions, examination conclusions, and court judgments for application of policies
specified in Article 4 and Article 5 of Resolution No. 170/2024/QH15 dated
November 30, 2024 of the National Assembly on special mechanisms and policies
for resolution of obstacles relating to projects and land in inspection
conclusions, examination conclusions, and court judgments in Ho Chi Minh City,
Da Nang City, and Khanh Hoa Province (hereinafter referred to as “Resolution
No. 170/2024/QH15”) in the following cases:
a) Investment projects
that have selected investors (including regulatory agencies and agencies of the
Communist Party of Vietnam assigned as project developers) without auction of
land use rights or without bidding for investor selection, where competent
regulatory agencies have not yet issued decisions on allocation of land or land
lease but construction works have already been implemented on land;
b) Investment projects
that have selected investors without auction of land use rights or without
bidding for investor selection, where competent regulatory agencies have issued
decisions on allocation of land or land lease for part or the whole of project
land areas;
c) Projects for which
competent regulatory agencies have issued decisions on allocation of land or
land lease for the whole or part of project land areas and construction works
have already been implemented on land, but such decisions on allocation of land
or land lease have subsequently been revoked;
d) Projects where
investors have advanced part or all of compensation, support, and resettlement
funds or carried out compensation, support, and resettlement activities for the
State to recover land for part or the whole of project land areas, or have
deposited project implementation security, but competent regulatory agencies
have not yet issued decisions on allocation of land or land lease;
dd) Housing construction
investment projects, urban area projects, and residential area projects having
obtained approval or investment policy approval or permission for change of
land use purpose into residential land in cases where investors reach
agreements on acquisition of land use rights but do not possess residential
land.
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3. For project cases reviewed by Province-level People’s
Committees and decided for application of the provisions of Article 4 and
Article 5 of Resolution No. 170/2024/QH15 in accordance with point c and point
d clause 1 of this Article, where procedures for investment policy approval,
investment policy decisions, or investor selection have not yet been completed,
procedures for investment policy approval shall be carried out simultaneously
with investor approval for project implementation.
Where the investor lacks
sufficient capability for continued project implementation, the Province-level
People’s Committee shall select another investor in accordance with law. Province-level People’s
Committees shall refund to investors compensation, support, and resettlement
amounts already advanced and construction costs incurred on project land areas
(if any).
4. Investment policy approval and adjustment of investment
policies under this Article must ensure that land use areas are not expanded
beyond those proposed in investment projects submitted to competent regulatory
agencies before August 1, 2024.
5. For projects reviewed by Province-level People’s Committees
and decided for application of the provisions of Article 4 and Article 5 of
Resolution No. 170/2024/QH15 in accordance with clause 1 of this Article, the
State shall continue recovery of land, allocation of land, and land lease for
land areas for which decisions on allocation of land or land lease have not yet
been issued in accordance with land laws applicable at the time this Resolution
is applied.
Article
13. Handling of investment projects on land areas where the State has recovered
land not falling within cases eligible for land recovery under law
Investment projects on
land areas where the State has recovered land not falling within cases eligible
for land recovery under law, and where project developers have expended funds
to recover the entire land areas of projects, shall be handled as follows:
1. Project developers may continue project implementation if
satisfying the following conditions:
a) Investors satisfy
capability and project implementation conditions in accordance with law and are
managing, using, and carrying out construction investment on land areas
determined to involve violations relating to land recovery, including faults
attributable to the State according to inspection conclusions, examination
conclusions, and court judgments;
b) Projects are free from
disputes and legal claims, or disputes and legal claims (if any) have been
fully resolved;
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2. Allocation of land, land lease, and permission for change of
land use purpose shall comply with current land laws.
3. Where projects fail to satisfy the conditions specified in
clause 1 of this Article, the State shall terminate project implementation and
refund expenditures incurred by project developers for land recovery in
accordance with Government regulations.
For assets being
construction works attached to land (if any) in cases where the State
terminates project implementation, owners of such assets shall be handled in
accordance with law.
Article
14. Handling of investment projects involving violations relating to land use
purposes
Where investment projects
involve violations relating to land use purposes already decided or approved by
competent regulatory agencies through investment policy decisions, investment
approvals, investor approvals, and conforming to land use planning, forestry
planning, national defense land use planning, security land use planning, or
planning schemes formulated in accordance with laws on urban and rural planning,
forestry planning, national defense land use planning, and security land use
planning, proceed as follows:
1. Province-level People’s Committees shall review and adjust
project objectives, decisions on allocation of land and land lease, and
permissions for change of land use purpose in order to continue project
implementation in accordance with law. Investors shall fully fulfill land-related financial
obligations;
2. Investors shall still be subject to administrative sanctions
but shall not be required to demolish portions of works conforming to urban and
rural planning schemes; restoration of original land conditions shall not be
compulsory, but investors must disgorge illicit gains obtained from violations
in accordance with land and construction laws.
Article
15. Handling of grid construction investment projects currently under
construction investment implementation but not yet having carried out
procedures for investment policy approval
1. For grid construction investment projects subject to
investment policy approval or investment policy decisions under law and
currently under construction investment implementation but not yet having
carried out procedures for investment policy approval, procedures for
investment policy approval are not required to be re-conducted.
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Chapter
IV
IMPLEMENTATION
PROVISIONS
Article
16. Implementation provisions
1. This Resolution comes into force as of May 1, 2026.
2. The provisions on handling of land law violations committed
by organizations and individuals specified in this Resolution shall be
implemented until the end of May 1, 2029. After May 1, 2029, where periods
specified in decisions on suspension of settlement of denunciations and
information on crimes and recommendations for criminal prosecution, suspension
of investigation of criminal cases, suspension of investigation against suspects,
suspension of criminal proceedings, suspension of criminal proceedings against
suspects and defendants, adjournment of trials, postponement of enforcement of
sentences, or temporary non-consideration of disciplinary action under this
Resolution have not yet expired, the provisions of this Resolution may continue
to apply until completion.
3. The provisions on special mechanisms and policies for
resolution of obstacles to delayed and unresolved projects specified in this
Resolution shall be implemented until the end of May 1, 2031. Special
mechanisms and policies for resolution of obstacles to delayed and unresolved
projects already decided for implementation by competent authorities under this
Resolution but not yet completed by May 1, 2031 may continue implementation in
accordance with issued decisions.
4. Section 14 of Resolution No. 265/2025/QH15 dated December
11, 2025 of the National Assembly on the 10th Session of the 15th National
Assembly is amended as follows:
“14. Expansion of
application of the special mechanisms and policies specified in Article 3,
Article 4, Article 5, Article 6, Article 7, and Article 8 of Resolution No.
170/2024/QH15 is permitted for resolution of obstacles relating to projects and
land that have similar legal circumstances and where timing of violations or
wrongdoing is determined to have arisen before August 1, 2024 in inspection
conclusions, examination conclusions, and court judgments. Implementation of this
provision must ensure full compliance with the principles specified in Article
2 of Resolution No. 170/2024/QH15 and other principles directed by the
Politburo.
Ministries, central
agencies, and local authorities are assigned, based on viewpoints and
principles specifically provided in conclusions of the Politburo and resolutions
of the National Assembly already promulgated, to take responsibility for
directing and organizing implementation of remedial measures within their
competence. The
State Audit Office shall be responsible for auditing determination of land
prices, calculation of land use levy, and land rents for projects and land
applying the special mechanisms and policies under this Resolution.
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5. During review and resolution of obstacles relating to
delayed and unresolved projects before promulgation of this Resolution, where
legal circumstances arise that are not yet provided in this Resolution and
during periods when the National Assembly is not in session, the Government
shall submit to the Standing Committee of the National Assembly for
promulgation of a Resolution containing provisions differing from laws and resolutions
of the National Assembly in order to continue resolution of obstacles relating
to projects, and shall report to the National Assembly at the nearest session.
Article
17. Implementation
1. The provisions on handling of land law violations committed
by organizations and individuals specified in this Resolution shall be
organized for implementation as follows:
a) The Government, the
Supreme People’s Court, and the Supreme People’s Procuracy are assigned, within
their functions, duties, and powers, to promulgate provisions guiding
implementation of this Resolution;
b) The Government,
Ministries, sectors, central agencies, and province-level authorities are
assigned to urgently review, compile lists of, and report on cases and matters
involving land law violations but not involving corruption arising before
August 1, 2024. Heads of the above-mentioned agencies shall bear overall
responsibility for assessment of socio-economic benefits, assurance of national
defense and security of implemented projects and works, capabilities, plans,
and conditions for remediation, and supervision of results of remediation of
damage caused by violations, serving as grounds for application of policies
specified in this Resolution;
c) Competent authorities
conducting legal proceedings at all levels shall urgently review, compile lists
of, and report on matters, cases, and judgments involving land law violations
but not involving corruption arising before August 1, 2024 in order to
effectively implement this Resolution;
d) Competence, procedures,
and processes for handling land law violations specified in Article 8 and
Article 9 of this Resolution shall comply with laws on criminal procedure and
laws on criminal judgment enforcement.
2. The provisions on special mechanisms and policies for
resolution of obstacles to delayed and unresolved projects specified in this
Resolution shall be organized for implementation as follows:
a) The Government and the
Prime Minister shall have the following responsibilities:
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a2) Direct Ministries,
central agencies, and Province-level People’s Committees to uphold
responsibility, especially responsibility of heads of agencies, in leadership,
direction, organization of implementation, inspection, and supervision of
implementation of the provisions of this Resolution, ensuring openness,
transparency, and effectiveness; and preventing abuse of policies for personal
gain, loss, and wastefulness;
a3) Direct relevant
agencies to coordinate with local authorities in reforming administrative
procedures and shortening handling time for matters not yet delegated or
devolved to local authorities;
a4) In order to ensure
national interests and prevent factors potentially threatening national
security, the Prime Minister shall implement urgent measures to stop or
temporarily suspend implementation of mechanisms and policies specified in this
Resolution and report to the National Assembly at the nearest session; during
periods between sessions, report to the Standing Committee of the National
Assembly and subsequently report to the National Assembly at the nearest
session;
a5) Within their duties and
powers, organize implementation of this Resolution;
b) During application of
the provisions of this Resolution, where different provisions on the same
matter exist between this Resolution and laws or other resolutions of the National
Assembly promulgated before the effective date of this Resolution, the
provisions of this Resolution shall prevail. Where legal normative documents promulgated after the
effective date of this Resolution contain mechanisms or policies more preferential
or favorable than those specified in this Resolution, application thereof shall
be decided by provincial-level People’s Councils;
c) Heads of Ministries,
sectors, central agencies, and local authorities shall be responsible for
organizing implementation of this Resolution; and shall urgently conduct
comprehensive review of projects, identify specific obstacles and handling
competence in order to proactively resolve them or report to competent
authorities for resolution in accordance with Conclusion No. 18-KL/TW dated
April 2, 2026 of the Second Conference of the 14th Central Executive Committee
of the Communist Party regarding the socio-economic development plan, national
finance and public debt borrowing and repayment, and medium-term public investment
plan for the 2026-2030 five-year period, associated with implementation of the
target of striving for “double-digit” growth, and ensuring that no delayed or
unresolved projects remain unidentified, unreviewed, or unresolved.
3. Heads of agencies and units, persons participating in
drafting, appraisal, examination, and implementation of this Resolution shall
be excluded from or exempted from liability where they have complied with
relevant procedures and regulations and have not acted for personal gain during
performance of duties, even where damage still occurs.
Organizations and
individuals achieving outstanding performance in drafting, appraisal,
examination, and implementation of this Resolution shall be rewarded in
accordance with law. Corrupt practices, abuse for personal gain, and harassment
committed by cadres and civil servants during implementation of this Resolution
shall be strictly handled.
4. The Government shall submit annual reports to the National
Assembly on results of implementation of this Resolution and submit a final
review report upon completion of implementation of this Resolution.
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This Resolution was
adopted by the 16th National Assembly of the Socialist Republic of Vietnam at
its First Session on April 24, 2026.
PRESIDENT OF THE NATIONAL ASSEMBLY
Tran Thanh Man