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Ensuring the lawful rights and legitimate interests of investors in cases where the State recovers land from delayed investment projects

Nguyen Thanh Phuong 1, *
Phung Thanh Hung 2
  1. Faculty of Law, Nam Can Tho University
  2. Nam Can Tho University
Correspondence to: Nguyen Thanh Phuong, Faculty of Law, Nam Can Tho University. Email: [email protected].
Volume & Issue: Vol. 10 No. 3 (2026) | Page No.: 7007-7014 | DOI: 10.32508/vnuhcmj-ebl.v10i3.1675
Published: 2026-08-26

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This article is published with open access by Viet Nam National University Ho Chi Minh City, Viet Nam. This article is distributed under the terms of the Creative Commons Attribution License (CC-BY 4.0) which permits any use, distribution, and reproduction in any medium, provided the original author(s) and the source are credited. 

Abstract

The article analyzes shortcomings in the application of Clause 8, Article 81 of the 2024 Land Law and its guiding legal documents regarding land recovery for projects that are delayed in putting land into use or that violate the approved investment schedule, in the context of the need to enhance land management efficiency while ensuring a stable investment environment. Based on methods of legal analysis, comparative law, and case study research, the paper clarifies inconsistencies between the 2024 Land Law and its implementing decrees, particularly Decree No. 102/2024/ND-CP and Decree No. 226/2025/ND-CP, in determining the scope of violations, extension mechanisms, and the rights of investors after project termination.The research findings indicate that the current regulations lack clear boundaries between voluntary project termination and compulsory termination, do not provide transparent criteria for determining the causes of project delays, and fail to ensure adequate mechanisms for protecting the lawful property rights of investors when the State recovers land for delayed projects. Accordingly, the article proposes legal reforms to address these shortcomings concerning cases of State land recovery for delayed projects, thereby strengthening the effectiveness of land recovery policies while ensuring fairness, transparency, and consistency with the principles of sustainable development in modern land governance.

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