Legal mechanisms for ensuring equity in state recovery of remaining land under Resolution No. 254/2025/QH15

This study examines the legal mechanisms safeguarding citizens’ land use rights in cases of State land recovery, with particular emphasis on the mechanism governing the recovery of the remaining land area within development projects. Employing methods of legal analysis, doctrinal interpretation, and the synthesis of practical data, the research explores the theoretical foundations of property rights and critically evaluates recent changes in compensation policies. The findings indicate that the application of the mechanism allowing the State to reclaim the remaining 25% of land in projects where 75% of the land area has already been acquired through mutual agreement may give rise to inequalities in compensation valuation and undermine the principle of equitable treatment among land users. The study further reveals that inconsistencies in compensation determination may increase the likelihood of social disputes and adversely affect public trust in land administration. On this basis, the study advocates for the codification of the principle of preserving agreed-upon value in accordance with economic and legal principles, thereby contributing to the development of guiding regulations that ensure a fair balance of interests between the State, investors, and affected land users while minimizing potential legal disputes.