The Ho Chi Minh City Real Estate Association (HoREA) has proposed amendments to the 2024 Land Law Revision Draft. These amendments address land use changes for state-owned enterprises (SOEs) that underwent equitization between 2007 and 2021, particularly those without approved land use plans or with plans non-compliant with regulations at the time of equitization.
Specifically, the proposal suggests adding Clause 13a to Article 1 and Clause 5 to Article 121 of the 2024 Land Law. This would allow equitized SOEs to apply for land use purpose changes if they meet specific criteria: lacking a land use plan at the time of equitization, having an unapproved plan, or having a plan inconsistent with land laws during the 2007-2021 period.
Under the proposed principles, equitized enterprises would have 24 months from the law’s effective date to review, declare, and propose land use plans. If the land is no longer needed or misaligned with approved plans, the state may reclaim it. However, if the land aligns with approved plans and the enterprise seeks a purpose change, the state may grant land allocation with usage fees or lease the land, depending on the approved purpose.
HoREA justifies its proposal with three key points. First, the current lack of clear, unified regulations for land procedures in equitized SOEs has led to inefficiencies, legal risks for officials, and underutilized land resources. Second, the absence of specific provisions in the 2024 Land Law and its implementing decrees has caused local authorities to hesitate in processing land use change requests, resulting in land resource wastage. Third, on September 5, 2025, the Ho Chi Minh City People’s Committee submitted Document No. 1598/UBND-ĐT to the Prime Minister and the Ministry of Agriculture and Environment, advocating for land use reforms to resolve issues faced by equitized SOEs, ensure efficient land use, prevent waste, and secure proper state budget revenues.
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