What are requirements for land use for multiple purposes according to the Land Law 2024 in Vietnam?

Which types of land are used for multiple purposes in Vietnam?

Based on Clause 1, Article 218 of Land Law 2024, land used for multiple purposes is regulated as follows:

Land used for multiple purposes

1. The following types of land are used for multiple purposes:

a) Agricultural land used in combination with commercial, service, livestock, and medicinal plant cultivation purposes;

b) Land used for public purposes combined with commercial and service purposes;

c) Land for constructing works used in combination with commercial and service purposes;

d) Residential land used in combination with agricultural, commercial, service, and business-oriented construction purposes;

e) Waterfront land used for multiple purposes as regulated in Articles 188, 189, and 215 of this Law;

f) Religious and belief land used in combination with commercial and service purposes;

g) Land specified in Clauses 2 and 3 of Article 9 of this Law used in combination with agricultural, infrastructure construction for postal, telecommunications, technology, information, outdoor advertising, and solar power purposes.

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Therefore, the types of land used for multiple purposes include:

- Agricultural land used in combination with commercial, service, livestock, and medicinal plant cultivation purposes;

- Land used for public purposes combined with commercial and service purposes;

- Land for constructing works used in combination with commercial and service purposes;

- Residential land used in combination with agricultural, commercial, service, and business-oriented construction purposes;

- Waterfront land used for multiple purposes, including the following types of land:

+ Waterfront land such as ponds, lakes, and marshes

+ Coastal waterfront land

+ Specialized waterfront land and land along rivers, streams, canals, ditches, and springs

- Religious and belief land used in combination with commercial and service purposes;

- The following types of land used in combination with agricultural, postal infrastructure construction, telecommunications, technology, information, outdoor advertising, and solar power purposes:

+ Annual crop land, including rice fields and other annual crop lands;

+ Perennial crop land;

+ Forestry land, including special-use forests, protective forests, and production forests;

+ Aquaculture land;

+ Concentrated livestock land;

+ Salt production land;

+ Other agricultural land.

+ Residential land, including rural and urban residential land;

+ Headquarters construction land;

+ Land used for national defense and security purposes;

+ Construction works land;

+ Non-agricultural production and business land;

+ Land used for public purposes;

+ Land used for religious activities; land used for belief activities;

+ Cemetery land, funeral home land, crematorium facilities; bone ash storage facilities;

+ Specialized waterfront land;

+ Other non-agricultural land.

What are requirements for land use for multiple purposes according to the Land Law 2024 in Vietnam? (Image from the Internet)

What are requirements for land use for multiple purposes according to the Land Law 2024 in Vietnam?

Based on Clause 2, Article 218 of Land Law 2024, the use of land for multiple purposes must meet the following requirements:

Use of land for multiple purposes

2. Multi-purpose land use must meet the following requirements:

a) The use of land for multiple purposes must not change the land type according to the land classification prescribed in Clause 2 and Clause 3 of Article 9 and has been determined in the types of documents prescribed in Article 10 of this Law;

b) The use of land for multiple purposes must not eliminate the necessary conditions for returning the land to its main purpose;

c) The use of land for multiple purposes must not affect national defense and security;

d) The use of land for multiple purposes must limit the impact on the conservation of natural ecosystems, biodiversity, and environmental landscapes;

dd) The use of land for multiple purposes must not affect the use of land of adjacent plots;

e) Fulfill financial obligations as prescribed;

g) Comply with relevant laws.

Therefore, the use of land for multiple purposes must meet the following requirements:

- Do not change the land type (agricultural land and non-agricultural land) as determined in the following types of documents:

+ Certificate of land use rights;

+ Certificate of ownership of houses and land use rights;

+ Certificate of land use rights, ownership of houses and other assets attached to land;

+ Certificate of land use rights, ownership of assets attached to land;

+ Documents on land use rights for cases where a certificate has not been issued;

+ Decision on land allocation, land lease, permission to change land use purpose by competent state agencies for cases where a certificate has not been issued;

- Do not eliminate the necessary conditions for returning the land to its main purpose;

- Do not affect national defense and security;

- Limit the impact on the conservation of natural ecosystems, biodiversity, and environmental landscapes;

- Do not affect the use of land of adjacent plots;

- Fulfill financial obligations as prescribed;

- Comply with relevant laws.

Which authority has the power to lease land use rights in Vietnam?

Based on Article 123 of the Land Law 2024, the authority to allocate land, lease land, and permit the change of land use purpose is as follows:

Authority to allocate land, lease land, and permit the change of land use purpose

1. The provincial People's Committee decides to allocate land, lease land, and permit the change of land use purpose in the following cases:

a) Allocate land, lease land, and permit the change of land use purpose for domestic organizations;

b) Allocate land, lease land for religious organizations, subordinate religious organizations;

c) Allocate land, lease land for Vietnamese people residing abroad, economic organizations with foreign investment;

d) Lease land for foreign organizations with diplomatic functions.

2. The district People's Committee decides to allocate land, lease land, and permit the change of land use purpose in the following cases:

a) Allocate land, lease land, and permit the change of land use purpose for individuals. In case of leasing land to individuals and permitting the change of land use purpose from agricultural to commercial or service purposes with an area of ​​0.5 hectares or more, the approval of the provincial People's Committee must be obtained before making a decision;

b) Allocate land for the community.

3. The commune People's Committee leases land from the agricultural land fund for public purposes of the commune, ward, or town.

Therefore, depending on the lessee, the following authorities have the power to lease land use rights:

- Provincial People's Committee.

- District People's Committee.

- Commune People's Committee.

Best Regard!