What types of land are included in land for construction of public works in Vietnam? What category does land for construction of public works belong to in Vietnam?

What types of land are included in land for construction of public works in Vietnam?

Based on Clause 4, Article 5 of Decree 102/2024/ND-CP, land for construction of public works in Vietnam include:

[1] Land for constructing cultural facilities is land used for building cultural facilities, including:

- Conference centers, theaters, cultural houses, cultural centers, cultural palaces, clubs, cinemas, circuses

- Structures with symbolic or artistic characteristics (outdoor monuments, archways, squares, memorial steles, etc.)

- Youth centers, children's houses, youth activity centers, museums, exhibition houses, libraries, literary creation facilities, art creation facilities, art exhibition houses, headquarters of art troupes

- Other cultural work facilities established or permitted by the State to operate

[2] Land for constructing social facilities is land used for building social service facilities, including:

- Social work service centers, social protection facilities

- Disease treatment - Education - Social labor centers

- Rehabilitation centers for persons with meritorious services

- Child assistance facilities

- Facilities for the elderly, people with disabilities, and children with special circumstances

- Facilities for nurturing children with difficult circumstances and other social service facilities established or permitted by the State to operate;

[3] Land for constructing healthcare facilities is land used for building healthcare facilities, including:

- Hospitals, maternity homes, health centers, medical stations, and other health examination and treatment facilities

- Rehabilitation facilities, elder care facilities in healthcare

- Preventive healthcare facilities; population facilities; laboratories, scientific and technological research institutions in healthcare

- Land for raising animals, growing medicinal plants for healthcare purposes; standardization and inspection facilities

- Medical examination facilities; forensic examination facilities; pharmaceutical production facilities; medical equipment production facilities

- Treatment facilities for people with HIV/AIDS, mental disorders, and other healthcare facilities established or permitted by the State to operate

- Areas used for office space, business activities, services such as pharmacies, restaurants, accommodations for patient families, paid parking within healthcare facilities, except for healthcare facilities managed by the Ministry of Defense, Ministry of Public Security

[4] Land for constructing education and training facilities is land used for building facilities for education and training purposes, including:

- Preschool education facilities, general education facilities, continuous education facilities, specialized schools, higher education facilities, vocational education facilities, and other educational and training facilities established or permitted by the State to operate

- Areas for office space, dormitories for students, spaces for selling educational materials, restaurants, parking lots, and other functional areas within educational and training facilities, except for those managed by the Ministry of Defense, Ministry of Public Security

[5] Land for constructing physical training and sports facilities is land used for building facilities for physical training and sports activities established or permitted by the State to operate, including:

- Sports complexes, athlete training centers, sports centers, stadiums

- Golf course fairways, practice areas in golf courses, and the system of greenery, water surfaces, landscapes of golf courses, items for managing, operating, exploiting, using, and business in golf courses (except accommodation and services for golfers)

- Swimming pools and other physical training, practice, and competition facilities

- Areas used for office space, ticket sales, souvenir sales, sports equipment sales, parking lots, and other facilities serving physical training and sports within the scope of physical training and sports facilities

Note: Excluding physical training and sports facilities managed by the Ministry of Defense, Ministry of Public Security;

[6] Land for constructing scientific and technological facilities is land used for building facilities serving scientific, technological, and innovative activities of organizations such as:

- Research, development, and scientific and technological service organizations

- Innovation startup support organizations

- Technology incubation facilities, science and technology enterprise incubation facilities

- Incubation facilities, technical facilities, innovation centers, creative startups

- Innovation startup support centers

- Laboratories; scientific research facilities of scientific and technological enterprises

- Scientific and technological parks; science museums; measurement system standards

- Information infrastructure, scientific and technological statistics

- Coworking spaces supporting innovative startups and the infrastructure of scientific, technological, and innovative organizations, other scientific and technological facilities established or permitted by the State to operate

[7] Land for constructing environmental facilities is land used for building facilities for environmental protection activities, biodiversity conservation, including:

- Facilities for environmental prevention and response, environmental monitoring

- Facilities for biodiversity conservation and other environmental protection facilities

[8] Land for constructing meteorological and hydrological facilities is land used for building meteorological and hydrological facilities, including meteorological and hydrological stations, climate change monitoring stations, and other meteorological and hydrological facilities

[9] Land for constructing diplomatic facilities is land used for building diplomatic offices, including diplomatic representative agencies (embassies), consular offices (consulates), representative offices of international organizations in Vietnam, representative offices of foreign diplomatic agencies, non-Vietnam governmental organizations with diplomatic functions; diplomatic missions managed by the State;

[10] Land for constructing other public service works is land used for building public service structures as stipulated by law not covered above.

What types of land are included in land for construction of public works in Vietnam? What category does land for construction of public works belong to in Vietnam? (Image from Internet)

What category does land for constructing public service facilities belong to in Vietnam?

Based on Article 9 of the Land Law 2024 which regulates land classification in Vietnam:

Article 9. Land Classification

[...]

3. Non-agricultural land group includes the following types of land:

a) Residential land, including homestead land in rural areas and homestead land in urban areas;

b) Land for constructing agency headquarters;

c) Land for national defense and security purposes (hereafter referred to as defense and security land);

d) Land for constructing public service works, which includes land for cultural, social, healthcare, education and training, physical training, sports, scientific and technological, environmental, meteorological and hydrological, diplomatic facilities, and other public service works or land for constructing headquarters of other public service providers;

[...]

Thus, land for constructing public service facilities belongs to the non-agricultural land group.

Is permission required to converting land for constructing public service facilities into land used for non-agricultural business and production purposes in Vietnam?

Based on Clause 1, Article 121 of the Land Law 2024 regarding land repurposing:

Article 121. Land repurposing

1. Cases of land repurposing requiring permission of competent regulatory agencies include:

a) Rice cultivation land, dedicated forest land, protective forest land or production forest land is converted into land of another type included in the category of agricultural land;

b) Agricultural land is converted into non-agricultural land;

c) Land of other types is converted into land for intensive farming when carrying out large-scale intensive farming projects;

d) Non-agricultural land allocated by the State without land levy payment is converted into non-agricultural land of another type allocated by the State with land levy payment or leased out by the State;

dd) Non-agricultural land not used for the residential purpose is converted into homestead land;

e) Land for construction of public works or land used for both public and business purposes is converted into land used for non-agricultural business and production purposes;

g) Land used for non-agricultural business and production purposes not used for the commercial purpose is converted into commercial land.

[...]

Thus, land users must obtain permission from a competent state agency to change the land use purpose from public service construction land to land used for non-agricultural business and production purposes.