Vietnam updates land law regulations and criminal liability guidelines

New administrative regulations regarding land use in Vietnam are set to take effect on August 31, 2026. Under Decree 281, failure to perform initial land registration may result in fines ranging from 1,000,000 to 2,000,000 VND. Additionally, failure to register land changes can lead to fines between 2,000,000 and 3,000,000 VND, except in specific cases involving land use rights for investment projects under Article 127 of the Land Law.

In a separate legal development, the Supreme People's Court has issued a draft resolution to guide the application of Resolution 29/2026/QH16. This resolution provides mechanisms for non-prosecution, suspension, or exemption from criminal liability for land law violations that occurred before the 2024 Land Law took effect.

Under these guidelines, organizations or individuals may be exempt from criminal prosecution if their actions did not cause loss or waste of state assets, were not driven by corruption, and served socio-economic, national defense, or security purposes. If state assets were lost, exemption is possible if all consequences have been fully rectified. The draft also allows for the temporary suspension of prosecution to permit entities to rectify consequences, provided they demonstrate a commitment to socio-economic benefits and have a viable plan for remediation.