CHANGES IN LAND LAW: A “GOLDEN TICKET” FOR INNOVATION AND BUSINESS DEVELOPMENT
In the coming
period, several new land-related decrees will officially take effect, marking
an important adjustment in land management and land-use policies. These changes
are designed to align with infrastructure development strategies, support
science and technology, and promote innovation. Understanding these new
regulations will help businesses and individuals proactively fulfill financial
obligations, seize opportunities, and minimize legal risks. This article
summarizes the key new points, analyzes their impacts, and offers practical
recommendations.
Key New Developments
1. Additional cases eligible for exemption or reduction of land use fees
/ land rental fees
Pursuant to Clause
4, Article 71 of the Law on Science, Technology and Innovation 2025
(effective from 01 October 2025), a new case of exemption/reduction is
added after Point l, Clause 1, Article 157 of the 2024 Land Law.
Specifically, this
applies to land used for the construction of:
- Laboratories;
- Technology incubation facilities
(and science & technology enterprises);
- Experimental facilities;
- Pilot production facilities;
- Shared facilities and
infrastructure supporting scientific research, technological development,
and innovation of organizations such as science and technology
enterprises, R&D centers, national- or provincial-level innovation
centers, and startup support centers.
2. Decree No. 230/2025/NĐ-CP – Land rental reduction policy for
businesses
Issued on 19
August 2025, this Decree supplements regulations under Clause 2, Article
157 of the 2024 Land Law. A notable point for businesses is:
- Organizations and individuals
leasing land with annual rental payments are entitled to a 30%
reduction in land rent for 2025, including cases where legal
documentation has not yet been fully completed but financial obligations
still arise in that year.
This is considered a
short-term financial support measure, helping businesses reduce land rental
costs—especially in a context where many entities need capital for reinvestment
and recovery of production and business activities.
3. Related policies supporting science, technology, and innovation
The above land-use
fee and land-rent exemption/reduction policies form part of a broader package
of measures aimed at encouraging:
- R&D (Research and
Development);
- Technology testing and
experimentation;
- Startup incubation;
- Development of innovation
centers.
These are
accompanied by a new Decree on attracting experts in science and technology,
innovation, and digital transformation, with clearer benefits and selection
criteria.
4. Timeline and effectiveness
- The Law on Science, Technology
and Innovation 2025 takes effect from 01 October 2025.
- Decree No. 230/2025/NĐ-CP takes effect
immediately from the date of issuance (19 August 2025).
Advantages and Positive Impacts
- Reduces initial costs for
research organizations, science and technology enterprises, and startups
when investing in experimental and innovation facilities.
- Stimulates investment in R&D
and technology experimentation, promoting the development of innovation
centers and enhancing enterprises’ internal capabilities in knowledge and
technology.
- Creates more favorable conditions
for individuals and organizations with scientific and technological
initiatives to establish experimental and pilot production facilities.
- Eases financial burdens for areas
affected by natural disasters or disadvantaged regions through
land-related exemptions and reductions (e.g., flood-prone areas,
resettlement land allocations).
Challenges
- Eligibility for
exemption/reduction requires complete and proper documentation;
insufficient evidence or unclear land-use purposes may result in
rejection.
- Land-use planning and
construction planning must be compatible; if local plans have not yet been
adjusted or approved, disputes or disagreements may arise.
- Practical implementation and
interpretation may vary by locality; businesses and individuals should
consult local authorities or land management agencies for verification.
- Potential impacts on state budget
revenues if exemptions and reductions are widely applied, requiring the
State to adjust budget estimates and balances.
Conclusion
New land policies
are opening up clear opportunities for organizations and businesses operating
in science and technology, innovation, pilot production, and incubation
centers. Land-use fee and land-rent exemptions or reductions can significantly
lower initial investment costs and help projects become feasible sooner.
However, to fully
benefit from these policies, proactive efforts are required in understanding
regulations, preparing documentation, and coordinating with state authorities.
Individuals and businesses should view this as a strategic opportunity—not only
to save costs, but also to build long-term competitiveness and innovative
capacity.
Celigal Law Firm is one of the legal
service providers ready to accompany businesses and individuals in fulfilling
land-related financial obligations and staying up to date with the latest legal
policy developments.
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