Theoretical research

THE LAWS OF SEVERAL NATIONS CONCERNING THE EXPLOITATION AND USE OF UNDERGROUND SPACE AND IMPLICATIONS FOR VIETNAM

Friday, Oct/03/2025 - 06:49
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(L&D) - The article presents the importance of developing underground space and underground works to address the issue of land scarcity in major urban areas, especially in the context of rapid urbanization, which is considered an inevitable trend to optimize the use of land resources.

Abstract: The current pace of urbanization in large cities and the entire country is insufficient to accommodate the surface land area. Consequently, the development of underground space for underground construction is a critical factor in the sustainable development of modern urban areas and social life. This trend is impending and will inevitably lead to the optimization of land resource utilization. In this article, the author provides a detailed analysis of regulations relating to underground space, underground constructions, and land for underground constructions, as well as inadequacies and limitations in current legal regulations related to the exploitation and use of underground space, and recommends improvement solutions.Keyword: Management; utilization; underground space; underground works; underground land.

1. Introduction

In the process of building, renovating, and developing cities, especially large cities, there needs to be a close combination between aboveground works and underground works [1]. The terms “underground space” or “subsurface” are used to refer to any space below the earth’s surface, while the term “surface area” refers to the area above the earth’s surface [2]. Currently, many countries around the world such as the United States, the European Union, Japan, Singapore, Malaysia… have been exploiting and using underground space to serve their national development strategies, especially for the construction of technical infrastructure and social infrastructure works.

In Vietnam, the current law, specifically Government Decree No. 39/2010/GD dated April 7, 2010 on the management of underground construction space in urban areas (Government Decree No. 39/2010/GD), the 2024 Land Law, Government Decree No. 102/2024/GD dated July 30, 2024 detailing the implementation of several provisions of the 2024 Land Law (Government Decree No. 102/2024/GD), Government Decree No. 103/2024/GD dated July 30, 2024 on land use fees and land rental (Government Decree No. 103/2024/GD), Government Decree No. 175/2024/GD dated December 30, 2024 detailing several provisions and measures for implementing the Construction Law on construction management activities (Government Decree No. 175/2024/GD)… already provide regulations on underground space, underground works, land for constructing underground works, financial obligations of investors in underground construction, and incentives and support for investors. This is considered an important step forward, in line with global development trends. However, there still remain many shortcomings and limitations, such as the absence of provisions on stratification of underground space and management by depth; lack of provisions on compensation responsibilities of surface land users when affecting underground works; lack of procedures for leasing underground space for construction… These shortcomings in current law are major barriers that slow down the exploitation of underground space – an invaluable resource in urban planning [3]. Therefore, improving the legal framework on the management and use of underground space is an essential requirement for the development of infrastructure systems and the socio-economic growth of Vietnam in the future.

2. Concepts of Underground Space, Underground Constructions, and Land for Underground Constructions

2.1. Concept of Underground Space

Underground space or subsurface space is commonly used to refer to any space located beneath the ground, while surface space refers to the area above the ground [4]. The use of underground space has existed for thousands of years, driven by necessity and innovation. As cities become more crowded and environmental pressures increase, underground space will play an important role in urban planning [5]. Underground space is not only a solution to urgent problems related to land, transportation, and the environment, but also a strategic element contributing to the construction of modern, smart, and sustainable cities.

Currently, there is no separate law regulating the management and development of underground space in general and underground space beneath the ground in particular. The concept of underground space was defined in Clause 19, Article 3 of the 2009 Urban Planning Law: “Underground space is the space beneath the ground planned for the construction of urban underground works.” However, from July 1, 2025, the 2024 Law on Urban and Rural Planning will take effect and replace the 2009 Urban Planning Law, in which the concept of underground space is no longer provided. The 2024 Law on Urban and Rural Planning only refers to two concepts relatively related to underground space, namely “urban and rural space” and “underground space planning.” Specifically, Clause 7, Article 2 of the 2024 Law on Urban and Rural Planning defines: “Urban and rural space is the space above ground, underground, and underwater in urban and rural areas” [6]; and Clause 17, Article 2 of the same Law: “Underground space planning is the determination and organization of underground and underwater space for the construction of independent public underground projects, underground transport works, and the identification of aboveground construction space to be used for connecting underground works” [7].

Since there is no official concept of underground space in related legal documents, based on the combination of Clause 7 and Clause 17, Article 2 of the 2024 Law on Urban and Rural Planning, underground space may be understood as “any space beneath the ground used for the construction of independent public underground projects, underground transport works, and aboveground construction space used for the connection of underground works.” However, because underground space is an important resource, it is necessary to enact a separate law with comprehensive provisions on underground space in general and underground space beneath the ground in particular, in order to define the scope, depth, and rights and obligations of related parties when exploiting and using underground space, as well as its management.

2.2. Concept of Underground Constructions

Underground construction or subterranean structure refers to works that are built entirely or partially beneath the ground or under water. These are considered a special type of construction in the field of construction, forming an essential part of urban infrastructure, helping optimize space for various functions ranging from transportation and commerce to technical and social infrastructure. Accordingly, Clause 4, Article 2 of Government Decree No. 39/2010/GD provides: “Urban underground works are constructions built beneath the ground in urban areas, including underground public works [8], underground transport works [9], underground technical hubs [10] and underground parts of aboveground constructions [11], underground utility lines, cables, and pipelines [12], trenches [13], and technical tunnels [14].” Furthermore, Clause 4, Article 3 of Government Decree No. 175/2024/GD specifically defines underground works as: “Underground works are constructions built beneath the ground or under water, including public underground works formed as independent projects, underground transport works, as determined in construction planning, underground space planning, or sector-specific technical planning.”

Thus, based on Clause 4, Article 3 of Government Decree No. 175/2024/GD, underground constructions beneath the ground can be understood as “constructions built beneath the ground, including public underground works formed as independent projects, underground transport works, as determined in construction planning, underground space planning, or sector-specific technical planning.” Because underground constructions are directly linked to the use of underground land, it is therefore necessary to have legal provisions on the management and exploitation of underground land as the basis for managing, investing in, constructing, and using underground works.

2.3. Concept of Land for Underground Constructions

Previously, according to Clause 28, Article 3 of the 2013 Land Law, it was stipulated that: “Land for underground construction is the portion of land used for constructing works underground which are not the underground parts of aboveground constructions.” When the 2024 Land Law replaced the 2013 Land Law, there was a major change in the way land for underground constructions was defined, in a more comprehensive manner, specifically: “Land for underground constructions includes land for aboveground works serving the operation and exploitation of underground works, and underground space for constructing underground works that are not the underground parts of aboveground constructions” [15]. The exclusion of “underground parts of aboveground constructions” aims to distinguish independent underground works from the foundations and basements of aboveground works. Specifically, the use of land for underground constructions must meet the following requirements:

i) Ensure national defense, security, environmental protection, sustainable development, and preservation of historical-cultural relics and scenic landscapes;

ii) Comply with construction planning and urban planning;

iii) Provide compensation in accordance with the law in cases of causing damage to land users’ rights on the surface above underground works;

iv) Underground construction must be implemented through investment projects or project components in accordance with the law;

v) Comply with construction laws [16].

It can be seen that the 2024 Land Law has established provisions creating a legal foundation for the management and use of land for underground constructions. Through this, it reflects the State’s strategic vision for the socio-economic development of the country, ensuring safety, national defense, security, environmental protection, and sustainability for both underground and aboveground works.

3. Shortcomings in Legal Provisions Relating to the Exploitation and Use of Underground Space

Vietnamese law has made significant progress in the management and development of underground space in general and underground space beneath the ground in particular. Nevertheless, the improvement of the legal framework for underground space still requires further research and proposals. Some challenges include the absence of a separate law with detailed provisions on underground space, and the lack of clarity and specificity in the legal basis for underground constructions. These shortcomings are the direct causes of difficulties for investors, prolonged construction timelines, and negative impacts on the legitimate rights and interests of land users and property owners concerned.

3.1. Shortcomings in Legal Provisions Regarding the Absence of Depth Limits for Land Users’ Rights in the Subsurface

According to Clause 2, Article 175 of the 2015 Civil Code: “Land users have the right to use the space above and the subsurface vertically from the boundaries of their land plot in accordance with the provisions of the law and without affecting the use of land by others.” At the same time, Clause 1, Article 31 of the 2024 Land Law prescribes the general obligation of land users to “use land in accordance with regulations on subsurface depth.” Thus, under current civil law and land law provisions, land users have the right to exploit the space and subsurface within the area beneath the surface, but not exceeding the maximum depth allowed by law. However, the 2024 Land Law does not specify the depth limit in the subsurface that land users may exploit.

The absence of a clear determination of the subsurface depth limit that land users are permitted to exploit will affect their rights, create difficulties in planning and implementing underground construction projects, and, more importantly, may lead to disputes between parties, particularly concerning compensation when constructing underground works without carrying out the recovery of surface land use rights. In addition, it may also result in spontaneous underground construction with respect to depth, posing risks to structural safety and geology, and affecting adjacent works [17].

3.2. Inadequacies in legal provisions on compensation in the construction of underground works

Based on Clause 30, Article 79 of the Land Law 2024, which stipulates cases of “land recovery for socio-economic development in the national and public interest,” including land recovery for “construction of surface works serving the operation, exploitation, and use of underground works.” Clause 3, Article 15 of the Land Law 2024 provides for the responsibility of the State to “compensate in accordance with the law to land users whose land is recovered by the State for socio-economic development in the national and public interest.” At the same time, Clause 7, Article 26 of the Land Law 2024 stipulates that land users “shall be compensated when the State recovers land in accordance with the Land Law 2024.” Accordingly, when “land is recovered for the construction of surface works serving the operation, exploitation, and use of underground works,” land users will be compensated by competent state agencies if certain conditions are met. However, a problem arises: in cases where underground works are constructed without recovering the surface land of land users but restricting their land use rights, how should the compensation mechanism be determined?

According to Clause 1, Article 271 of the Civil Code 2015, “The holder of surface rights has the right to exploit and use underground space within another’s land use rights for construction works but must not contravene the provisions of the Civil Code 2015, land law, construction law, planning law, natural resources and minerals law, and other relevant laws.” Thus, in cases where the surface rights holder uses underground space for construction works for business purposes, and at the same time the State also uses this space for the construction of underground works, how should the matter between the surface rights holder and the State be resolved? Is the State obliged to provide compensation similar to the case of compensation for land users whose “land is recovered for the construction of surface works serving the operation, exploitation, and use of underground works,” or not? This is an issue not clearly stipulated in current legislation, leading to confusion in resolving the legitimate rights of affected land users. Compensation for damages, if any, has so far only been determined based on actual damage under the principle of non-contractual liability [18], without reasonable consideration of the impact and restriction of rights related to future renovation and construction of surface works.

3.3. Shortcomings in Legal Provisions Regarding the Absence of Procedures for Determination, Certification, and Leasing of Subsurface Space for Underground Constructions

According to Clause 2, Article 216 of the 2024 Land Law, the prerequisite condition for “a land user to transfer, lease, or sublease underground space” is that such space must first be determined by the State in accordance with the law on construction, urban and rural planning, and architectural law. Clause 7, Article 98 of Gov’t Decree No. 102/2024/GD stipulates the implementation regarding underground space as follows: “i) The investor organizes underground construction in accordance with the construction law; ii) The competent People’s Committee directs specialized construction authorities to conduct acceptance of underground works in accordance with construction law, and to survey and map the underground works in accordance with the law on surveying and cartography; iii) The competent authority grants the Certificate under Article 136 of the 2024 Land Law to the project investor for the surface area constructed to serve the operation and use of underground works; ownership of underground works beneath the surface is certified if the investor so requests” [19].

In addition, Clause 5, Article 216 of the 2024 Land Law provides: “Land allocation or land lease for the construction of surface works serving the operation, exploitation, and use of underground works shall be as follows: i) Allocation of land without land use levy in cases of constructing surface works serving underground works not for business purposes; ii) Annual land lease with rental payment in cases of constructing surface works serving underground works for business purposes.” Accordingly, “the order and procedures for land allocation and land lease to construct surface works serving the operation and use of underground works shall be implemented in accordance with Article 49 of Gov’t Decree No. 102/2024/GD” [20]. It can be seen that Gov’t Decree No. 102/2024/GD does not have a separate chapter on the process of “land allocation and land lease for constructing surface works serving underground works,” but applies the general procedures for land allocation and lease.

However, an important issue to note here is that Ministerial Circular No. 10/2024/MC-MONRE dated 31 July 2024 of the Minister of Natural Resources and Environment, which regulates cadastral dossiers, land use right certificates, and certificates of ownership of assets attached to land, does not provide any guidance on determining the area, volume, cadastral dossier, or issuance of certificates of land use rights and ownership with respect to underground space and underground works. Since the State does not determine and issue such certificates, land users and investors cannot exercise their rights as provided by law.

4.Recommendations for improving legal provisions on the exploitation and use of underground space beneath the surface

From the shortcomings identified in the current legal framework regarding the exploitation and use of underground space, the author proposes several recommendations to contribute to the improvement of Vietnam’s legislation as follows:

4.1. Recommendations on improving legal provisions concerning the depth of underground space that land users are permitted to use

Many countries have enacted specific regulations on the depth limit of underground space that land users are entitled to exploit, which Vietnam can draw on for reference.

In Japan, land ownership is extended vertically, covering both surface and underground use in accordance with land-use planning. In 1980, the draft law entitled the Deep Underground Space Act was introduced to ease underground development, but it was only enacted in 2001. The purpose of this Act was to facilitate the implementation of large-scale public infrastructure projects by reducing the need to negotiate with multiple private landowners [21]. Under this law, landowners retain ownership of underground space up to a depth of 40 meters, with application limited to certain areas such as Tokyo, Osaka, and Nagoya, and particularly restricted to public projects [22]. Essentially, project investors constructing underground public works deeper than 40 meters are exempted from compensating surface landowners and are not required to obtain their consent [23].

In Singapore, prior to 2015, underground ownership was determined in relation to the Singapore Height Datum (based on the historical mean sea level of Singapore), whereby surface landowners could hold underground ownership up to approximately 30 meters or more. Since the 2015 amendment to the State Lands Act, it has been clearly stipulated that landowners own underground space up to 30 meters from the Singapore Height Datum. This amendment does not materially affect current practices, as most underground development in Singapore (e.g., basements) extends only to around 15 meters below ground. Thus, the Government considered the 30-meter depth limit to be appropriate for the nation’s conditions [24].

In Vietnam, Clause 2, Article 19 of the 2024 Capital Law (effective from 1 January 2025) on the management and use of underground space in Hanoi stipulates: “Land users in the territory of the City may use the underground space vertically within the boundary of the land parcel from the surface to the depth limit prescribed by the Government in accordance with planning. The use of underground space beyond the depth limit prescribed by the Government must be licensed in conformity with approved planning. Organizations and individuals permitted by the State to use underground space beyond the Government’s prescribed depth limit for underground construction must pay underground space use fees, except where exempted or reduced for non-commercial underground works, projects encouraged for investment, or other cases stipulated by the Government.” Accordingly, not only Hanoi but also other major cities such as Ho Chi Minh City and Da Nang are paying close attention to underground development, since these special underground projects contribute to improving transportation systems, optimizing urban space, and promoting socio-economic development at both the national and local levels.

Determining the depth of underground land that users are entitled to exploit in Vietnam should take into account the criteria of different land categories. For example, the permissible depth for annual cropland may differ from that for perennial cropland; in construction, the depth should be determined based on the type and grade of the project. Furthermore, once an “underground depth planning” framework is established for each land group and specific area, such information should be recorded on the second page of the Land Use Right Certificate (LURC), under the “Notes” section, similar to the current practice of recording land areas falling within a road corridor. Additional annotations on underground land-use restrictions for specific parcels and areas should also be included. Another indispensable element is the principle of re-determining underground depth when land users change land-use purposes or when competent authorities adjust land-use plans; regulations on underground land-use fees where underground land is allocated or leased; and financial obligations when land users sublease their allocated underground land space [25].

4.2. Recommendations on improving the legal provisions on compensation in the construction of underground works

It is necessary to promulgate specific provisions relating to compensation for land users and to determine in detail the criteria serving as the basis for fair and objective compensation. In cases where the State constructs underground works without expropriating land, and the construction falls within the depth limit of subsurface use permitted to the land user, it is necessary to determine a reasonable and adequate compensation ratio corresponding to the impact and restriction of the land user’s rights to exploit and use the land.

Accordingly, Vietnam may draw on Australia’s experience regarding compensation for land users. Specifically, in Western Australia, under general rules, if there is no disturbance to the surface or destruction of surface-supporting elements, land interest owners are not entitled to claim compensation for subsoil acquisition. In Victoria, no compensation is granted for acquisition below 15 meters, since property rights granted from the late 19th century only extended to a depth of 50 feet (approximately 15 meters). For acquisitions at shallower depths, compensation is limited to market value (i.e., no claims for other types of losses are allowed) [26]. In South Australia, under the Land Acquisition Act 1969 (LAA 1969), there is no compensation for underground acquisition (below 10 meters) as long as surface land use is unaffected, except for limited compensation regarding lawful wells [27].

In addition, in cases where the land use right holder and the surface rights holder are two different entities, and the surface rights holder has built underground works for business purposes, when the State expropriates the underground space to construct underground works, the law should provide for compensation for the surface rights holder to ensure the balance of interests between the land user and the surface rights holder. Determining precise compensation for underground space requires specification of the underground volume and the area of underground works constructed. Compensation may be provided as an amount corresponding to the value of the assets created by the surface rights holder during exploitation and use, and the extent of the impact on their life; an additional 10–30% may be granted for special works, since underground construction usually requires higher technical standards and costs compared to equivalent surface works.

4.3. Recommendations on improving the legal provisions on procedures for identifying, granting certificates, and leasing underground space for underground works

Although the Land Law 2024 (LL 2024) has officially recognized the exploitation and use of underground space, the prerequisite is that the competent authority must first determine the underground area and volume to grant the Certificate of Land Use and Ownership Rights (LURC). Only then can subsequent rights be exercised. Identifying and granting such certificates for underground space and works requires coordination among relevant authorities, particularly the state land administration authority and the state construction administration authority, to jointly promulgate guiding regulations.

Moreover, the exploitation of underground space is a highly specific area because underground works are more complex and costly than ordinary surface works. Therefore, a special procedure for pricing underground space leases is needed. Once clear and detailed procedures are available, underground space valuation should be conducted, with specific guidance on calculating rental fees so that investors can fulfill their financial obligations when engaging in underground construction. This will help secure a stable and sustainable state budget, while encouraging infrastructure investment and urban development.

4.4. Recommendation on promulgating a Law on the management and exploitation of underground space

At present, the management and exploitation of underground space are governed by scattered legal documents, rather rudimentary and lacking a comprehensive legal framework. Therefore, to use underground space effectively, it is necessary to promulgate a dedicated Law on the Management and Exploitation of Underground Space, with detailed, rigorous, comprehensive, and consistent provisions covering planning, investment, construction, management, operation, and maintenance of underground works, thereby facilitating reference, application, and consistency. Such a law may be structured into several chapters, clarifying key issues on underground space beneath land, water, and underground works, as follows:

Chapter I: General provisions on underground space beneath land and water, underground works, and land for underground construction.

Chapter II: Planning of underground space, depth limits, establishment and registration of underground space.

Chapter III: Rights and obligations of underground space users.

Chapter IV: Financial obligations in exploiting and managing underground space, and compensation provisions for underground construction projects.

Chapter V: State administrative authorities for the management and exploitation of underground space.

Other issues arising in the course of underground space management and exploitation shall be governed by relevant legal provisions on planning, land, construction, civil law, commercial law, and procedural law.

5. Conclusion

The exploitation of underground space is an inevitable trend to meet the development needs of society. The development of underground space requires significant resources, long-term strategies, and, above all, joint efforts and coordination among the State, investors, and citizens in order to ensure effective and sustainable use of underground space for the common development of society. Comprehensive and synchronized planning between surface and underground space, together with the application of advanced and modern technologies and appropriate policies, will be the key to fully unlocking the potential of underground space. Therefore, drawing on international experience to improve domestic legislation on the management and exploitation of underground space in the short term, as well as promulgating a separate law to create a solid legal framework for stable and long-term development in line with Vietnam’s socio-economic progress in general, is essential both in theory and in practice.

1.Land Law 2024.

2. Urban and Rural Planning Law 2024.

3. Government Decree No. 39/2010/GD dated April 7, 2010, on the management of underground construction space in urban areas.

4. Government Decree No. 102/2024/GD dated July 30, 2024, detailing the implementation of several provisions of the Land Law.

5. Ministerial Circular No. 38/2017/MC-MIC dated December 13, 2017, issued by the Minister of Information and Communications, guiding press agencies in developing programs and content for disseminating knowledge on national defense and security to the public.

6. Ministerial Circular No. 10/2024/MC-MONRE dated July 31, 2024, issued by the Minister of Natural Resources and Environment, regulating cadastral dossiers, land use right certificates, and certificates of ownership of assets attached to land.

7. Ministry of Construction, Issues in managing the construction of underground works in Vietnamese urban areas, Ministry of Construction (2006) https://xaydung.gov.vn/tl/tin-tuc/50082/van-de-quan-ly-xay-dung-cong-trinh-ngam-trong-do-thi-viet-nam.aspx, accessed June 10, 2025.

8. Statistics on compensation for residents affected by the underground excavation incident of the Metro projec

9. Malaysia’s regulations on underground land and implications for Vietnam.

10. The present and future use of ‘land’ below ground.

11.Farah Zaini, Robiah Suratman, Asmma Che Kassim, The vertical land use zoning for underground space development in Malaysia, volume 19, issue 4, page 36 (2021).

12.Government of South Australia, Underground Land Acquisition, (2024) https://www.dit.sa.gov.au/__data/assets/pdf_file/0008/1429361/Underground-land-acquisition-fact-sheet-2024-11.pdf, accessed June 1, 2025.

13.International Information Center For Geotechnical Engineers, Hidden Potential: The Role of Underground Spaces in Urban Growth (2025) https://www.geoengineer.org/news/hidden-potential-the-role-of-underground-spaces-in-urban-growth, accessed June 12, 2025.

14. Singapore Ministry of Law (2015), https://www.mlaw.gov.sg/news/press-releases/legislative-changes-planning-development-underground-space/#btm-foot, accessed September 17, 2025.

15. Victorian Government Solicitor's Office, Altering compensation entitlements if underground strata is acquired (2021) https://www.vgso.vic.gov.au/significant-changes-powers-major-transport-projects/altering-compensation-entitlements-if, accessed June 1, 2025.

[*] Dr. Tran Vang Phu – Faculty of Law, University of Economics and Finance, Ho Chi Minh City. Email: phutv@uef.edu.vn; vangphu@gmail.com

[1] Ministry of Construction, Issues in managing the construction of underground works in Vietnamese urban areas, Ministry of Construction (2006) https://xaydung.gov.vn/tl/tin-tuc/50082/van-de-quan-ly-xay-dung-cong-trinh-ngam-trong-do-thi-viet-nam.aspx, accessed June 10, 2025.

[2] Farah Zaini, Robiah Suratman, Asmma Che Kassim, The vertical land use zoning for underground space development in Malaysia, volume 19 issue 4, page 36 (2021).

[3] Tran Vang Phu, Malaysia’s regulations on underground land and implications for Vietnam, Legislative Studies Journal, No. 10(458), Issue 2 – May, pp. 50-55 (2022).

[4] David Evans, Mike Stephenson, Richard Shaw, The present and future use of ‘land’ below ground, Land Use Policy, Volume 26, Supplement 1, pp. S302-S316 (2009) https://doi.org/10.1016/j.landusepol.2009.09.015.

[5] International Information Center For Geotechnical Engineers, Hidden Potential: The Role of Underground Spaces in Urban Growth (2025) https://www.geoengineer.org/news/hidden-potential-the-role-of-underground-spaces-in-urban-growth, truy cập ngày 12/6/2025.

[6] Clause 7, Article 2, Urban and Rural Planning Law 2024.

[7] Clause 17, Article 2, Urban and Rural Planning Law 2024.

[8] Clause 5, Article 2, Government Decree No. 39/2010/GD: “Underground public works are works serving public activities constructed below the ground.”

[9] Clause 6, Article 2, Government Decree No. 39/2010/GD: “Underground transport works include metro lines, metro stations, road tunnels, pedestrian tunnels, and auxiliary connection works (including connecting sections between underground parts and the surface)”.

[10] Clause 7, Article 2, Government Decree No. 39/2010/GD: “Underground technical infrastructure works include underground facilities such as water supply stations, wastewater treatment plants, transformer stations, gas stations… constructed below the ground”.

[11] Clause 9, Article 2, Government Decree No. 39/2010/GD: “The underground part of surface buildings includes basements (if any) and sections of the structure located below the ground”.

[12] Clause 8, Article 2, Government Decree No. 39/2010/GD: “Underground pipeline, cable, and technical conduit works include water supply, energy supply, drainage pipelines; power lines, and telecommunication lines constructed underground.”.

[13] Clause 11, Article 2, Government Decree No. 39/2010/GD: “Technical trenches are small-sized underground works along routes used to install cables and technical pipelines.”.

[14] Clause 10, Article 2, Government Decree No. 39/2010/GD: “Technical tunnels are large underground works along routes sufficient for humans to perform installation, repair, and maintenance of equipment and technical pipelines.”.

[15] Clause 1, Article 216, Land Law 2024.

[16] Clause 4, Article 216, Land Law 2024.

[17] Tran Vang Phu, Malaysia’s regulations on underground land and implications for Vietnam, Legislative Studies Journal, No. 10(458), Issue 2 – May, pp. 50-55 (2022).

[18] Phung Anh, Statistics on compensation for residents affected by the underground excavation incident of the Metro project, VTV (2025) https://vtv.vn/xa-hoi/thong-ke-thiet-hai-de-boi-thuong-cho-nguoi-dan-vu-su-co-dao-ngam-metro-20250225164218525.htm,

[19] Clause 7, Article 98, Government Decree No. 102/2024/GD.

[20] Clause 3, Article 98, Government Decree No. 102/2024/GD.

[21] Zaini, F., Hussin, K., Jamalludin, N., and Zakaria, S., The principle of depth for underground land development: A review. Jurnal Teknologi, pp. 71-78 (2015).

[22] Admiraal, H., Cornaro, A., Dealing with planning and legal challenges when using underground space (2015), https://www.geolsoc.org.uk/~/media/Files/GSL/Events/1Sus%20exploit%20of%20the%20subsurface%20presentations/Day%201%20-%20P9%20-%20Dealing%20with%20planning%20and%20legal%20issues%20when%20using%20underground%20space.pdf?la=en, accessed October 2, 2024.

[23] Tran Vang Phu, Duong Anh Son, Paper: “Experiences of several countries on underground land use rights and proposals for Vietnam”, Conference “Socio-economic impacts of the Land Law 2024”, Ho Chi Minh City Open University, Ho Chi Minh City Economics Publishing House, ISBN: 978-604-346-421-4, pp. 50-59 (2024).

[24] Singapore Ministry of Law, Legislative changes to facilitate future planning and development of underground space, Singapore Ministry of Law (2015) https://www.mlaw.gov.sg/news/press-releases/legislative-changes-planning-development-underground-space/#btm-foot, accessed September 17, 2025.

[25] Tran Vang Phu, Malaysia’s regulations on underground land and implications for Vietnam, Legislative Studies Journal, No. 10(458), Issue 2, pp. 50-55 (2022).

[26] Victorian Government Solicitor's Office, Altering compensation entitlements if underground strata is acquired (2021) https://www.vgso.vic.gov.au/significant-changes-powers-major-transport-projects/altering-compensation-entitlements-if, accessed June 1, 2025.

[27] Government of South Australia, Underground Land Acquisition (2024) https://www.dit.sa.gov.au/__data/assets/pdf_file/0008/1429361/Underground-land-acquisition-fact-sheet-2024-11.pdf, accessed June 1, 2025.

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New Developments in U.S. Economic Law under the Impact of the Fourth Industrial Revolution and Recommendations for Vietnam to Reform Economic Law for National Development**

Theoretical research

(L&D) - This article focuses on analyzing and clarifying the new developments in U.S. economic law under the impact of the Fourth Industrial Revolution in the following areas: commercial law regarding e-commerce, consumer protection, competition law, and intellectual property law.

Asset Recovery from Corruption through Civil Litigation: Practices in Selected Countries and Recommendations for Vietnam

Asset Recovery from Corruption through Civil Litigation: Practices in Selected Countries and Recommendations for Vietnam

Theoretical research

(L&D) - This article analyzes the legal provisions on civil litigation for the recovery of assets derived from corruption and provides examples from the practices of several countries, thereby offering certain recommendations for Vietnam.

United Nations Convention on Cybercrime: Opportunities, Challenges, and Recommendations for Vietnam

United Nations Convention on Cybercrime: Opportunities, Challenges, and Recommendations for Vietnam

Theoretical research

(L&D) - The article discusses issues that Vietnam needs to pay attention to when completing its national legal framework to ensure the effective implementation of obligations under the Convention.