Citizens sent questions to the Ministry of Agriculture and Environment asking about the following cases: Individuals who need to use multi-purpose agricultural land, with an area of 1,600m2, of which 450m2 is used to build a coffee shop. The restaurant project is expected to have a concrete column structure (or steel column), corrugated iron roof, simple assembly form.
Citizens ask whether it is mandatory to hire a construction consulting unit to design drawings and make land use plans in this case? Can people make their own land use plan and attach a drawing of the current status of the land to request a conversion to multi-purpose use? Is the self-made plan and location drawing as attached documents accepted by the competent authority?
Responding to this content, the Ministry of Agriculture and Environment said that in case of using residential land in combination with trade and services, a land use plan must be prepared and submitted to the competent authority for approval. The content of the combined land use plan includes: (1) Information on the land plot and land area in use: location, area, form of land use; land use term; (2) Area, purpose of combined land use, term of combined land use; (3) The content meets the requirements according to the provisions of the law on environmental protection and other relevant provisions of law.
At the same time, combined land use must meet the provisions of Article 99 of Decree No. 102/2024/ND-CP dated July 30, 2024 of the Government detailing the implementation of a number of articles of the Land Law, such as: the construction and renovation of works for combined use must comply with the provisions of the law on construction and other relevant laws; the time of land use for combined purposes must not exceed the remaining land use term of the main purpose; the content of the land use plan combined with commercial and service purposes; documents, order and procedures for approving the multi-purpose combined land use plan; the extension of the land use plan for multi-purpose combined land use.
This content has been amended and supplemented in Decree No. 151/2025/ND-CP and Decree No. 226/2025/ND-CP of the Government to comply with the model of local government at 02 levels.
