Ms. N.T.M in Dong Thap shared that she has a plot of land, on the Certificate of Use purpose is ONT + CLN, including 300 m2 of residential land. She has applied for a construction permit for a motel (5 floors), with a ground floor area of 164.3 m2.
Ms. M asked, can you submit an application for approval of the combined land use plan? At the same time, can I add motel assets on rural land?
The Ministry of Agriculture and Environment responds to this issue as follows:
At point d, clause 1, Article 218 of the 2024 Land Law, it is stipulated that residential land can be used in combination with agricultural, commercial, service purposes, and public works with business purposes.
The use of land for multiple purposes must meet the requirements in Clause 2, Article 218 of the 2024 Land Law as follows:
"Not to change the type of land according to the land classification prescribed in Clauses 2 and 3, Article 9 and determined in the types of documents prescribed in Article 10 of this Law;
Not losing the necessary conditions to return to land use for the main purpose;
Not affecting national defense and security;
Limit the impact on the conservation of natural ecosystems, biodiversity, and environmental landscapes;
Does not affect the land use of adjacent plots of land;
Fully fulfill financial obligations according to regulations;
Comply with relevant laws".
In case of using residential land in combination with commercial and service, 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) content meeting 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 suit the 2-level local government model.
