On the Government Information Portal, Ms. P.T.H in Dong Nai reported that according to the provisions of Point a, Clause 2, Article 99 of Decree No. 102/2024/ND-CP, using land for combined purposes is not subject to land use purpose change.
Ms. H asked, in the case of a land plot or agricultural land plot planned as commercial service land, if people do not have a need or do not want to carry out the procedures to change the purpose to commercial service land, but submit a land use application combined with commercial service purposes, how will it be resolved?
The Ministry of Agriculture and Environment responds to this issue as follows:
According to Point a, Clause 1, Article 218 of the 2024 Land Law, agricultural land is used in combination with commercial, service, livestock, and medicinal plant cultivation purposes.
The use of land for multiple purposes must meet the requirements prescribed in Clause 2, Article 218, including the requirement not to change the type of land according to the land classification prescribed in Clauses 2 and 3, Article 9 and has been determined in the types of documents prescribed in Article 10 of the 2024 Land Law; not to lose the necessary conditions to return to land use for the main purpose...
In cases of land use combined with trade and services, a land use plan must be prepared and submitted to the competent authority for approval according to the provisions of Clause 4, Article 218 of the 2024 Land 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.
The order and procedures for multi-purpose land use shall be implemented according to the provisions of Section 5, Part VII of Appendix I issued with Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government regulating the determination of the authority of local authorities at 02 levels, decentralization and delegation in the land sector.
Based on the above regulations, it is recommended that you contact the local authorities to review and comply with the provisions of law.
