Partner Than Trong Ly

Associate Ngo Duc Thinh

Paralegal Le Thi An
 

In the past, the concept of "Multi-purpose land use" or " Multi-purpose combined land use" under the Land Law 2024 (effective from August 1, 2024) was not widely recognized. Instead, more familiar terms such as "Mixed-use zoning land," "Mixed-use land,"[1] or "Mixed-use construction" were commonly used. However, this type of land is neither mentioned nor classified under any of the land categories stipulated in the Land Law of 2013[2]. Therefore, individuals had to rely on general planning laws and the land use plans of each locality when addressing related issues. In practice, there are still many legal difficulties concerning construction permits, land subdivision, land use conversion, and project implementation for this type of land.

What is Multi-purpose land use?

"Multi-purpose land use" is defined in Article 218 of the Land Law 2024 and further clarified in Article 99 of Decree No.102/2024/ND-CP, which provides detailed regulations for certain provisions of the Land Law 2024 ("Decree 102"). Accordingly, "Multi-purpose land use" refers to the use of part of the land area designated for its primary purpose for an alternative purpose. Here, the primary land use purpose is the purpose for which the land plot was allocated, leased, or recognized by the state, and is currently being used stably and meets the conditions for the issuance of a land use rights certificate.

However, the application of multi-purpose land use is limited to seven (07) categories of land permitted by law, including[3]: (i) Agricultural land used in combination with commercial, service, livestock, or medicinal plant cultivation purposes; (ii) Land used for public purposes combined with commercial and service purposes; (iii) Land for the construction of non-business facilities combined with commercial and service purposes; (iv) Residential land combined with agricultural, commercial, service, or business-oriented non-business facility purposes; (v) Water surface land such as ponds, lakes, lagoons; coastal water surface land; specialized water surface land; rivers, canals, streams, and creeks used for multi-purpose use; (vi) Religious land combined with commercial and service purposes; and (vii) Agricultural and non-agricultural land used in combination with agricultural purposes, and for the construction of postal infrastructure, telecommunications, technology, information, outdoor advertising, or solar power projects.

It is notable that the use of land for multi-purposes must meet the requirements set out in Article 218.2 of the Land Law 2024, such as: not altering the land type according to the classification of land as specified in relevant documents; not eliminating the necessary conditions for reverting the land to its primary purpose; not affecting national defense and security; and minimizing impacts on the conservation of natural ecosystems, biodiversity, and environmental landscapes. Additionally, to be eligible for multi-purpose land use, individuals or organizations must prepare a plan for multi-purpose land use and submit the required documentation to the competent land management authority under the People's Committee at the district or provincial level for approval, as prescribed in Article 99.4 of Decree 102.

Benefits of multi-purpose land use

The legalization of multi-purpose land use is one of the new and important points of the Land Law 2024. It establishes a clear legal basis for using a piece of land for multiple purposes, thereby optimizing economic and social benefits. Some of the positive impacts include:

Firstly, it enhances the management and supervision of state authorities and encourages creativity in land use. By allowing multi-purpose land use, the competent state authorities are required to strengthen their role in supervising and managing land through the approval of multi-purpose land use plans submitted by individuals and organizations in line with actual land use needs. This creates a demand for innovative and creative solutions in land planning and use, promoting the development of new economic models to address the balance between economic, social, and environmental objectives in each locality.

Secondly, it increases land use efficiency and promotes economic development. Multi-purpose use helps to optimize land use efficiency, generating additional income from the same land area. For example, a farm combined with an eco-tourism service can simultaneously produce agricultural products and attract tourists, creating jobs and increasing income for local residents.

Thirdly, it improves living conditions and reduces the pressure of population relocation. Combined-use projects can provide community amenities, green spaces, and social infrastructure, thereby enhancing the quality of life for residents. By developing the local economy and creating employment opportunities, the pressure on migration to major cities will be reduced. Multi-purpose land use projects often involve public facilities such as parks, playgrounds, and social infrastructure, helping to create a healthier and more convenient living environment.

Additionally, multi-purpose land use also helps to protect and maintain ecosystems and reduce environmental pollution. Combined land use models often include requirements for nature conservation and sustainable development, which help to preserve biodiversity and ecosystems. By integrating agricultural and forestry activities, sustainable farming practices can be applied, reducing the use of chemicals and minimizing environmental pollution.

Challenges ahead

Recognizing the form of multi-purpose land use clearly brings positive impacts on socio-economic life as mentioned above. However, the implementation of this regulation in practice may face several issues, such as:

• Complexities in management: The land management system is unified from the central to the local levels. However, each type of land with a different use purpose is typically managed by different agencies. Therefore, combining multiple land use purposes can complicate matters and create overlaps in the responsibilities of the relevant authorities. For instance, crops and livestock on agricultural land are usually managed by the Crop and Livestock Management Agency, while construction works on land are generally overseen by state construction management agencies at various levels. Managing and supervising multi-purpose land use requires close coordination between the land management authority and other competent agencies and necessitates the simplification of administrative procedures. This calls for a clear legal framework, efficient management processes, and smooth cooperation between the various authorities.

• Land value may fluctuate complexly: Land plots used for multiple purposes are often valued for their flexibility and high development potential, resulting in a higher land use value than plots with a single use purpose. This can create challenges in valuing the land when resolving disputes or when carrying out procedures to recover these plots for necessary projects.

• Inequality in multi-purpose land use: Inequality in access to multi-purpose land use may arise in practice, requiring clear mechanisms for prevention and oversight to mitigate this issue. Typically, individuals or organizations with power, information, or influence can more easily access and benefit from the policy, while disadvantaged groups are often left at a disadvantage. A lack of transparency and fairness in land management processes can widen the wealth gap, create social injustice, and erode public trust in the land management system.

Conclusion

The regime of multi-purpose land use plays a vital role in the sustainable management and development of land resources. This is a new and progressive provision of the Land Law 2024. It helps to maximize the potential and efficiency of land use, encourages investment, and fosters the development of new economic models, thereby promoting the socio-economic development of the country.

However, allowing multi-purpose land use also presents several challenges, as mentioned above. Therefore, the legal system needs to be further refined, particularly the administrative procedures related to planning, zoning, and permitting multi-purpose land use, to ensure transparency and consistency in the state management of land. At the same time, a monitoring system for multi-purpose land use should be established to ensure that land management authorities, investors, and land users all comply with the legal regulations. Additionally, it is necessary to focus on training specialized personnel and applying technology, such as land information systems, planning maps, and land use monitoring, to enhance the effectiveness of land management, alongside strengthening inspection and handling of land violations.

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