Citizens should send questions to the Ministry of Agriculture and Environment asking about the following cases:
Mr. A was granted a Certificate of Land Use Rights with the purpose of use being land for annual crops. Mr. A signed a contract for the above-mentioned Land Rental Cooperative. According to the contract, the purpose of using the leased land includes: building an aquaculture farm, growing perennial fruit trees, producing vegetables, synthetic livestock, and other farm business models.
Currently, the Cooperative plans to use this land area to implement the model "Ferment for the production of organic fertilizer circulation from vermicompost, agricultural floor planks, microbiological film pads, capacity of 4,500 tons/year".
So, in this case, must the Cooperative prepare and submit to the competent authority for approval the Multi-purpose Land Use Plan before implementing the project?
Responding to this content, the Ministry of Agriculture and Environment said: at point a, clause 1, Article 218 of the 2024 Land Law, it is stipulated that agricultural land can be used in combination with commercial, service, livestock, and medicinal plant cultivation purposes.
The use of land for multi-purpose combinations must meet the requirements in Clause 2, Article 218 of the 2024 Land Law, including: (1) not changing the type of land according to the land classification prescribed in Clauses 2 and 3 of Article 9 and determined in the documents prescribed in Article 10 of this Law; (2) not losing the necessary conditions to return to land use for the main purpose; (3) not affecting national defense and security; (4) limiting the impact on the conservation of natural ecosystems, biodiversity, and environmental landscape; (5) not affecting the land use of adjacent land plots; (6) fully performing financial obligations according to regulations; (7) complying 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) The content meets the requirements according to the provisions of the law on environmental protection and other relevant regulations.
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 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 multi-purpose combined land use plan.
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 two-level local government model.
