Regulations on the disposal of land use rights and assets attached to land in terminated investment projects: Current situation and recommendations

Abstract

The handling of land use rights and land-attached assets in terminated investment projects poses significant legal challenges in Vietnam’s land management. Through an analysis of the 2024 Land Law, Decree No. 102/2024/ND-CP, and the 2020 Investment Law, this article shows that permitting investors to retain land for up to 24 months to transfer land use rights or dispose of assets after project termination lacks legal consistency. The absence of a clear distinction between asset handling and project transfer, together with weak procedural and transferee controls, creates risks of speculation and disguised transfers. The article therefore proposes legal reforms to narrow the scope of asset handling, clarify the boundaries between related legal regimes, and strengthen oversight of land use right transfers to enhance consistency, transparency, and effectiveness in land governance.