I. Legal basis

• 2026 Draft Land Law
• 2024 Land Law

II. Notable changes to the certificate of land use rights (LURC) under the 2026 Draft Land Law

1. Electronic LURCs have the same legal validity as paper LURCs

Pursuant to Clause 1, Article 63 of the Draft, the Certificate shall be issued according to a uniform form nationwide in two formats: paper and electronic.

Notably, the Draft provides that an electronic Certificate has the same legal validity as a paper Certificate. Accordingly, an electronic LURC is not merely used for information lookup and provision but may also be used with legal validity equivalent to that of a paper LURC.

This is a new point compared with the 2024 Land Law, as the current regulations do not expressly provide that the Certificate may be issued in both paper and electronic formats. However, the Draft does not require persons currently holding paper LURCs to convert them into electronic LURCs.

2. Full names of persons with joint Land Use Rights must be stated

Pursuant to Clause 2, Article 64 of the Draft, where a parcel of land is jointly used by multiple persons, property attached to the land is jointly owned by multiple persons, or the land is subject to the land use rights of a household, the Certificate must state the full names of all persons holding joint rights.

The determination of household members who jointly hold land use rights shall be agreed upon by the members themselves, who shall bear legal responsibility for such determination.

Meanwhile, the 2024 Land Law allows household members who jointly hold land use rights to request the issuance of a single Certificate stating only the name of the household representative.

Accordingly, if adopted, the Draft would no longer allow only the name of the household representative to be stated, but would require the full names of all persons holding joint rights to be shown on the LURC.

3. No longer providing for a single LURC to be issued for multiple agricultural land parcels

Pursuant to Clause 1, Article 64 of the Draft Land Law, a Certificate shall be issued for each land parcel to a person having land use rights or a person owning property attached to the land, provided that such person has a request and meets the applicable conditions. A Certificate shall also be issued to the person managing the land.

Compared with the current regulations, the Draft no longer includes a provision allowing a single LURC to be issued for multiple agricultural land parcels located within the same commune or ward. Specifically, Clause 1, Article 135 of the 2024 Land Law No. 31/2024/QH15 provides that a person using multiple agricultural land parcels within the same commune, ward, or township may, upon request, be issued a single Certificate covering all such land parcels.

Accordingly, under the proposed provisions, the principle for issuing LURCs would be determined on a per-land-parcel basis. However, since the Draft merely omits the above-mentioned provision allowing multiple parcels to be covered by a single Certificate, it cannot yet be concluded that the Draft prohibits the issuance of a single LURC for multiple land parcels in all cases.

4. Consideration of granting land Use Right Certificates for land with procedural violations occurring before August 1, 2024

Pursuant to Clause 5, Article 64 of the Draft Land Law, the State may consider issuing a Certificate to persons currently using land where procedural violations occurred before August 1, 2024.

To be considered for issuance of an LURC, the land parcel must satisfy the following conditions:

• The land has been used stably;
• There is no dispute over the land;
• The land use is consistent with the applicable land-use planning;
• The land use does not adversely affect national defense and security, the environment, or the safety of structures.

Accordingly, land involving procedural violations that occurred before August 1, 2024 will not automatically qualify for an LURC but must satisfy all of the above conditions.

5. Land subject to an effective land recovery notice will not be eligible for an LURC

Pursuant to Point c, Clause 1, Article 68 of the Draft Land Law, persons using or managing land will not be issued a Certificate for:

• Land for which a land recovery notice remains valid;
• Land for which a competent state authority has issued a land recovery decision.

However, where more than 3 years have elapsed from the date of the land recovery decision and the decision has not been implemented, the land will not fall within the above-mentioned exclusion.

Meanwhile, Point đ, Clause 1, Article 151 of the 2024 Land Law No. 31/2024/QH15 currently provides that an LURC will not be issued for land subject to a land recovery decision, except where more than 3 years have elapsed from the date of the decision and it has not been implemented.

Accordingly, the Draft adds a case in which land subject to an effective land recovery notice is also ineligible for an LURC. This means that, under the proposed provisions, the point in time from which land becomes ineligible for an LURC would be earlier than under the current regulations.

III. Conclusion

The 2026 Draft Land Law proposes several notable changes concerning the issuance and management of Certificates of Land Use Rights (LURCs), ranging from recognizing the legal validity of electronic LURCs to identifying persons holding joint land use rights and setting out conditions for the issuance of Certificates.

Land users should monitor these proposed changes so that they can proactively exercise their rights and fulfill their obligations once the Draft is officially adopted.

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