More enabling legal framework needed for businesses

Land resources are not merely assets; they are also a driving force for infrastructure development, socio-economic growth, investment attraction and population stability. When this resource becomes “blocked”, the risk of negative consequences for the economy is significant, with the most direct impacts falling on businesses, citizens and social welfare policies.

In the first 10 months of 2025, budget revenue from land resources increases by 353% compared to the same period last year. (Photo: QUANG QUY)
In the first 10 months of 2025, budget revenue from land resources increases by 353% compared to the same period last year. (Photo: QUANG QUY)

In that context, the operation and implementation of a transparent and flexible land management mechanism will determine the pace and quality of development of many localities in the future. However, in reality, many enterprises are still struggling with legal and investment procedure bottlenecks, as numerous projects are delayed by the complexity and overlap of laws, decrees and circulars related to land, investment and construction.

Even some build-transfer (BT) projects, despite having been completed by investors and allocated land, have yet to be implemented because they are still awaiting official notices on land-use fee payments. In addition, many projects and apartment buildings are facing prolonged procedures for the issuance of certificates of land use rights for commercial housing, delaying the handover of homes to residents. These are among the most critical bottlenecks, directly causing losses to businesses and disrupting the circulation of capital in the economy.

At a recent working session between Government leaders and Ho Chi Minh City, the city put forward a number of practical proposals addressing difficulties faced by businesses, based on solutions and policies already applied effectively. These included Decree No. 91/2025/ND-CP dated April 24, 2025 on resolving obstacles related to the timing of land price determination for land funds used to pay for BT projects in the Thu Thiem New Urban Area; and Resolution No. 170/2024/QH15 dated November 30, 2024 of the National Assembly on specific mechanisms and policies to remove difficulties and obstacles related to projects and land identified in inspection and audit conclusions and court judgments in Ho Chi Minh City, Da Nang City and Khanh Hoa Province.

More recently, during discussions on proposals to amend and supplement National Assembly Resolution No. 98, many deputies suggested adding provisions to create a stronger legal basis and broader policy space for the city to address shortcomings and difficulties affecting long-stalled projects. The latest report from the Ho Chi Minh City People’s Committee shows that, following administrative consolidation, the city currently has 838 projects and works facing obstacles and backlogs.

To date, thanks to concerted efforts and support from central authorities, 670 projects have been resolved or provided with solutions. This has enabled more than 85,500 hectares of project land to resume implementation and released over 569 trillion VND (21.6 billion USD) into the economy after a period of stagnation.

Blocked project capital is not merely a business issue but a problem for the entire economy. The release of these funds will generate hundreds of thousands of jobs and activate production chains across the market. Therefore, for policies to genuinely create an open and enabling legal framework for business operations, central authorities need both short-term and long-term solutions to establish a transparent and efficient environment for enterprises.

In the short term, for projects that are still partially entangled in legal issues, there should be specific transitional mechanisms, such as allowing provisional land price determination and phased payment of financial obligations, in order to avoid freezing entire projects.

In the long run, in addition to amending and supplementing legal provisions to prevent the current overlap among laws, land administration and the real estate market need to be comprehensively digitalised. The progress of each project should be publicly disclosed on a national data platform, enabling businesses, citizens and supervisory bodies to monitor developments and prevent prolonged delays in administrative procedures.

The State also needs to build a transparent land price database that is regularly updated in line with market developments, establish a national land price database, and streamline administrative procedures to ensure transparency and efficiency.

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