Abstract: Multi-purpose combined land use offers high efficiency in economic terms, leverages land resources, promotes regional and local economic development, and gradually balances and narrows the disparity gap between urban and rural areas. Therefore, the Land Law 2024 has supplemented provisions related to multi-purpose combined land use in order to meet practical requirements. Within the scope of this article, the author will focus on analyzing the current situation of the legal framework on multi-purpose combined land use in the context where this land-use form is, for the first time, prescribed in the Land Law 2024, and on suggesting issues that need to be further improved in terms of institutions and policies so as to effectively implement multi-purpose combined land use in practice in the coming period.
Keywords: Multi-purpose combined land use; legal framework on multi-purpose combined land use; Land Law 2024
1. Introduction
Multi-purpose combined land use is an inevitable trend and has become an important objective and strategy in planning for the development and expansion of large cities, agricultural areas, and tourism service zones, because through the model of multi-purpose combined land use it is possible to generate substantial values across many different dimensions; thereby enhancing land-use efficiency and optimizing the potential of land resources in each region, sub-region, and locality. The implementation of this model is regarded as a way of transforming land from a purely natural resource endowed by nature, with a single and tangible purpose, into a multifunctional asset with “dual” effects and intangible functions, in order to better and more diversely meet and address the needs of society. Through this process, the value of land is increased, expanded, and developed far beyond its initial value. As C. Marx once stated: “The superior attribute of land compared with other means of production lies in the fact that rational basic investment can yield profits without losing the entire invested capital”[1]. However, prior to the promulgation of the Land Law 2024, there was no specific or direct legal institution within the system of land legislation governing the management and use of land for multi-purpose combined use. Accordingly, the allocation and adjustment of multi-purpose combined land use by the State with respect to land users were governed by general-principle institutions applicable to all land categories and all land users under the Land Law 2013. Meanwhile, a large number of investment projects involving multi-purpose combined land use continued to be implemented and operated very actively in practice. In Ho Chi Minh City alone, according to statistics of the Ho Chi Minh City Department of Planning and Architecture, prior to the effective date of the Land Law 2024, there were nearly 14,000 hectares of land used for multiple purposes, concentrated mainly in Thu Duc City, District 7, District 12, Binh Tan District, and the three districts of Nha Be, Binh Chanh, and Hoc Mon. This represents a large land area, yet there was no specific provision in the Land Law 2013 governing it[2].
In light of the above situation, the Land Law 2024 for the first time formally provides for multi-purpose combined land use (Article 218). Although there has been a delay in regulating this form of land use by law, this provision is nevertheless necessary, objective, and of significant importance in realizing the viewpoints and objectives underlying the formulation of institutions and policies on the management and use of land for multi-purpose combined use, in accordance with the spirit of Resolution No. 18-NQ/TW dated 16 June 2022 of the Fifth Plenum of the 13th Central Committee of the Communist Party of Viet Nam on continuing to innovate and improve institutions and policies, and enhancing the effectiveness and efficiency of land management and use, creating momentum for our country to become a high-income developed country: “Supplementing and improving regulations on the management and use of land for national defense and security on the basis of reviewing the pilot implementation of a number of policies in order to resolve difficulties and backlogs in the management and use of land for national defense and security combined with production and economic development. Supplementing regulations on residential land combined with commercial and service purposes; agricultural land combined with commercial and service purposes; land for tourism projects with spiritual elements. Providing for land-use regimes for the construction of aerial works, underground works, and land formed from land reclamation from the sea.”
2. Land legislation on multi-purpose land use and issues raised
In essence, multi-purpose combined land use is understood as the simultaneous exploitation of multiple land-use purposes on the same land parcel, in which the central and decisive role of the primary land-use purpose, as allocated by the State through land allocation, land lease, or recognition of land-use rights, or as land being stably used and eligible for the issuance of a Certificate, is still maintained; at the same time, a portion of the land area designated for the primary land-use purpose is used for another purpose in accordance with the law. Accordingly, when land users apply multi-purpose combined land use, such use is not identical to an act of change of land-use purpose, but rather constitutes an expansion of the land-use space within the limits permitted by law. The Land Law 2024 for the first time establishes a legal regime governing multi-purpose combined land use. Although this regime is provided for in only a single article (Article 218) of the Land Law 2024 and Article 99 of Decree No. 102/2024/ND-CP, many legal issues concerning multi-purpose combined land use have been clarified, thereby providing a basis for its application in practice. Specifically:
First, on cases of land eligible for multi-purpose combined use
Clause 1 Article 218 of the Land Law 2024 provides for seven cases in which land categories may be used for multi-purpose combined use, including: (i) agricultural land used in combination with commercial, service, livestock, and medicinal plant cultivation purposes; (ii) land used for public purposes combined with commercial and service purposes; (iii) land for the construction of public service facilities used in combination with commercial and service purposes; (iv) residential land used in combination with agricultural, commercial, service purposes, and public service facilities with business purposes; (v) land with water surfaces used for multi-purpose combined use in accordance with Articles 188, 189, and 215 of the Land Law 2024[3]; (vi) religious land and belief land used in combination with commercial and service purposes; (vii) groups of agricultural land and non-agricultural land used in combination with agricultural purposes and the construction of postal, telecommunications, technology, information infrastructure works, outdoor advertising, and solar power. From the above cases, it can be seen that the law permits multi-purpose combined land use in the following key and basic groups:
First, it permits the combination of land types belonging to the agricultural land group with commercial and service activities, other agricultural purposes, and the construction of postal, telecommunications, technology, information infrastructure works, outdoor advertising, solar power, and other agricultural activities[4]. Such combinations demonstrate an approach aimed at stimulating and promoting the process of taking advantage of economies of scale, transforming agricultural land into an input factor for large-scale commodity agricultural production, and harmoniously and effectively addressing issues related to agriculture, farmers, and rural areas. It should also be noted that the combination of multiple types of agricultural land within a reasonable scale, as mentioned above, allows for the deployment of scientific and technological applications, the establishment of linkages between farming households and enterprises, the development of services, and the reduction of the agricultural labor force; thereby optimizing productivity and efficiency in land exploitation and use, and improving the quality of life of the population. In addition, regulations on multi-purpose combined land use in agriculture also remedy the situation of fragmented, scattered, and small-scale land parcels closely associated with subsistence, smallholder production, which has been prevalent in the agriculture of our country for many decades[5]. From another perspective, provisions allowing different types of agricultural land to be used in combination also aim toward centralized and unified management of this land category; accordingly, management and control become more convenient and effective, creating conditions and opportunities for the application of digital technologies in management and operation, and ensuring that inspection and supervision of land exploitation and use are transparent and public.
Second, land categories with different purposes and functions are combined in order to optimize land profitability, unlock the potential and strengths of each region, sub-region, and locality, and respond to the needs and amenities of the population. Specifically:
(i) Residential land used in combination with agricultural, commercial, and service purposes[6]. This creates favorable opportunities for individuals and enterprises to invest labor, financial resources, and intellectual capital to maximize the efficiency and profitability of land; to unlock and awaken land potential; and to transform land parcels with a single function for residence into land areas, land zones, or even multi-functional territories, high-quality, diverse, and distinctive real estate products, and ideal living spaces where people can live, work, and enjoy diverse amenities and the preferential values of nature, harmoniously integrated with material and spiritual values. This mode of multi-purpose combined land use is particularly suitable and optimal for the development of tourism real estate, commercial real estate, accommodation services, and resort segments. In practice in recent years, these market segments have developed very dynamically and have been widely distributed across regions throughout the country. Many real estate products that have emerged recently represent a convergence and combination of resort purposes with other commercial and service purposes, such as entertainment and shopping (shoptel, shophouse, farmstay), or the creation of integrated spaces combining rest with other amenities such as residence and workplace (resort, villa, condotel), or combinations with business models that constitute the advantages of the specific locality itself (farmstay, homestay).
(ii) Land categories belonging to the non-agricultural land group used in combination with the purpose of constructing postal, telecommunications, technology, information infrastructure works, outdoor advertising, and solar power facilities[7]. Practice shows that digital infrastructure, smart infrastructure, green infrastructure, and the like have become and continue to be trends and strategic priorities in developed countries, including Viet Nam at present, for the sake of sustainable development. Accordingly, investment in the construction and development of infrastructure in the fields of postal services, telecommunications, technology, information, outdoor advertising, and solar power plays a leading and critical role. Regulations permitting land use in combination with purposes for the construction and development of the above-mentioned infrastructure fields are urgently necessary, serving as an important bridge and synergy between natural resources - namely land - and human resources associated with science and technology. Accordingly, land, a valuable but area-limited resource, when combined with and leveraged through science and technology, can generate new energy sources, clean energy, and renewable energy, contributing to production and daily life and serving as a driving force for socio-economic development. This is also an important factor in assessing national competitiveness and the realization of strategic autonomy of each country. Regulations on multi-purpose combined land use in this case are an objective necessity in order to establish a clear and specific legal corridor, providing local authorities with a sound basis and grounds for convenient and effective implementation.
(iii) Land used for public purposes combined with commercial and service purposes; land for the construction of public service facilities used in combination with commercial and service purposes; religious land and belief land used in combination with commercial and service purposes[8].This provision aims to ensure strict management of land funds serving public interests and the interests of belief and religion, while being consistent with the institutions of a market economy, creating proactiveness and flexibility for land users on the basis of fair and equal competition, eliminating land subsidies, and preventing waste of land resources - principles that are consistently emphasized in Resolution No. 18-NQ/TW. However, it does not impose a forced or rigid dedication to a single purpose on a long-term basis where such land may be combined with other land-use purposes that enable more efficient exploitation and use of land, meet a wider range of practical needs, and do not undermine the primary purposes of “public interests, religion, and belief”. Specifically, commercial and service business purposes such as offices, hotel services, restaurants, entertainment areas, other commercial services, and other amenities may be developed to directly serve religious and belief needs, public interests, or other business purposes, without affecting the primary purposes, namely: headquarters of public service facilities, land for the construction of works serving public interests, or land for the construction of headquarters of religious and belief organizations. This official recognition, on the one hand, allows flexibility in land use, while on the other hand clearly differentiates legal regimes between land used for business purposes and land used for common, non-profit purposes. Through this mechanism, the State is able to regulate revenue sources derived from land areas used for business purposes. This provision is entirely reasonable, aiming to address historical legacies and outstanding issues left by previous land relations.
In practice in recent years, during the period when the Land Law 2013 was in force, although there were no provisions permitting the use of a single land parcel for multiple purposes, a number of multi-purpose land-use models nonetheless existed in practice in several localities. For example, in Da Nang, there has been a model combining tourism service exploitation with the development of agriculture, forestry, and aquaculture[9]; or in the Mekong Delta, a model combining land with specialized water surfaces and aquaculture land with solar power. Under this model, many farming households have independently invested in and developed solar power directly on their aquaculture farms, both ensuring a stable electricity supply and promoting economic development. However, due to the absence of specific legal regulation, the primary purpose of such land - namely the development of the aquaculture sector - was neglected, and multi-purpose land use failed to achieve the intended “dual” benefits that were the original objectives of the combined land-use model[10]. Similarly, the practice of bauxite exploitation in the Central Highlands in recent years shows that mineral extraction has been carried out in a “rolling” manner, whereby each year organizations and individuals use only a portion of the licensed land area for mineral exploitation and then move on to exploit another area[11]. As a result, over a prolonged period, parts of the total project area that have already undergone mineral extraction are not put to other uses, causing significant waste of land resources. The provisions of the Land Law 2024 establish a legal basis for more effective exploitation of land resources in such projects. These practical experiences demonstrate that the Land Law 2024’s provisions on the management and use of multi-purpose land are consistent with practical requirements and meet the demands of sustainable development in the future.
However, an assessment of the above provisions shows that there remain limitations, shortcomings, ambiguities, and aspects that are not yet appropriate. This situation will constitute barriers and obstacles in the organization of implementation in practice. Specifically, as analyzed above, Clause 1 Article 218 of the Land Law 2024 adopts an enumerative approach in stipulating the types of land eligible for multi-purpose combined use, including: agricultural land, land used for public purposes, land for the construction of public service facilities, residential land, land with water surfaces, religious land, belief land, and land belonging to the group of non-agricultural land and the group of agricultural land. With such enumeration, the lawmaker appears to aim at controlling the cases in which multi-purpose combined land use is permitted, in order to prevent abuse for illegal change of land-use purposes that could adversely affect land-use efficiency in the future. However, among the enumerated cases above, there exist obstacles due to the lack of specific identification of the land types permitted to be combined. Specifically, Point (a) Clause 1 Article 218 of the Land Law 2024 provides that: “a. Agricultural land used in combination with commercial, service, livestock, and medicinal plant cultivation purposes”; however, the Land Law 2024 does not define “agricultural land” as a standalone category, but instead provides for the group of agricultural land, comprising various land types with different land-use purposes. Accordingly, when applying Point (a) Clause 1 Article 218 of the Land Law 2024, can “agricultural land” be understood as referring to all land types belonging to the “group of agricultural land”?; and if it is equated with the concept of the “group of agricultural land”, this would result in overlap when land is used for “livestock farming and medicinal plant cultivation”, since these purposes already fall within the group of agricultural land as provided for in Clause 2 Article 9 of the Land Law 2024. Similarly, Point (g) Clause 1 Article 218 of the Land Law 2024 provides that: “g) Land specified in Clauses 2 and 3 Article 9 of this Law may be used in combination with agricultural purposes, and the construction of postal, telecommunications, technology, information infrastructure works, outdoor advertising, and solar power”, which also presents the above-mentioned shortcomings, in that it is unclear whether “agricultural purposes” are to be naturally understood as land use belonging to the group of agricultural land, and whether purposes of constructing postal, telecommunications, technology, information infrastructure works, outdoor advertising, and solar power are to be understood as land use belonging to the group of non-agricultural land. At the same time, this provision also overlaps with Point (a) Clause 1 Article 218 of the Land Law 2024, which provides that agricultural land may be combined with livestock land and medicinal plant cultivation land, as analyzed above. For example, if a land user holding land for annual crop cultivation wishes to combine it with livestock farming, should the applicable legal basis be Point (a) Clause 1 or Point (g) Clause 1 Article 218 of the Land Law 2024? Thus, where a provision gives rise to multiple interpretations and different directions of implementation for the applier, it will inevitably cause difficulties and obstacles in the process of application.
Second, the requirements imposed on multi-purpose land use
Multi-purpose land use is directly related to various issues such as land-use planning, the establishment of rights and obligations of relevant subjects, and mechanisms to ensure the enforcement of this legal institution in connection with sustainable development; as well as how to prevent and limit adverse impacts arising from multi-purpose land use. Accordingly, Clause 2 Article 218 of the Land Law 2024 sets out mandatory requirements that land users and state authorities in charge of land administration must satisfy and comply with, including: (i) Not changing the land category in accordance with land classification as prescribed in Clause 2 and Clause 3 Article 9 of the Land Law 2024 and as identified in the documents specified in Article 10 of the Land Law 2024; (ii) Not eliminating the necessary conditions for reverting to land use for the principal purpose; (iii) Not affecting national defense and security; (iv) Limiting impacts on the conservation of natural ecosystems, biodiversity, and environmental landscapes; (v) Not affecting land use of adjacent land parcels; (vi) Fully fulfilling financial obligations in accordance with law; (vii) Complying with relevant laws. Thus, the requirements for multi-purpose land use are all directed toward ensuring national defense and security - an extremely critical factor, a special political mission, and the top priority for any sovereign state; at the same time, preventing arbitrariness on the part of competent state authorities when approving multi-purpose land use plans or recognizing multi-purpose land use, which could disrupt overall planning; and aiming at environmental protection for the purpose of sustainable development. These requirements also serve to impress upon land users that multi-purpose land use must not pursue short-term profit objectives in disregard of the law in land exploitation and use, thereby adversely affecting natural ecosystems, biodiversity, and environmental landscapes.
However, certain requirements still cause difficulties in practical application and may easily lead to arbitrariness or confusion in implementation. Specifically, Point d Clause 2 Article 218 of the Land Law 2024 provides: “d) Limiting impacts on the conservation of natural ecosystems, biodiversity, and environmental landscapes.” Accordingly, land users engaging in multi-purpose land use are only required to “limit” impacts on the conservation of natural ecosystems, biodiversity, and environmental landscapes, rather than being “prohibited” from affecting such conservation. The question thus arises as to what constitutes “limiting,” and what criteria apply to such “limitation.” This demonstrates that the legislature’s use of a "qualitative" expression as above may create difficulties in application and in handling violations, thereby affecting overall effectiveness of land use. Similarly, Point g Clause 2 Article 218 of the Land Law 2024 provides: “Complying with relevant laws”; yet which laws are “relevant” to the process of multi-purpose land use? A provision on mandatory “requirements” that lacks clarity and specificity will cause confusion for land users in practical implementation; at the same time, it may create conditions conducive to negative practices on the part of competent authorities in approving such use in practice.
Third, the scope and conditions for multi-purpose land use
In order to prevent abuse of the regulations on multi-purpose land use to arbitrarily change land-use purposes, Clause 2 Article 99 of Decree No. 102/2024/ND-CP stipulates the scope and conditions for multi-purpose land use. Accordingly, multi-purpose land use is determined on the basis of a land area for which the principal use purpose has been previously identified, and which is subsequently considered for combination with other land uses falling within one of the seven cases prescribed in Clause 1 Article 218 of the Land Law 2024. These cases do not constitute land-use purpose conversion. In addition, the land area used for the combined purpose is capped at a maximum of no more than 50% of the land area used for the principal purpose, except for residential land used in combination with multiple purposes. Moreover, the law provides that certain land types used in combination in agriculture and forestry, rice-growing land, and land with water surfaces must satisfy specific conditions and requirements applicable to each particular land-use plan, in order to ensure feasibility and effectiveness. The duration of land use for the combined purpose must not exceed the remaining land-use term of the principal purpose.[12]
However, Clause 2 Article 99 of Decree No. 102/2024/ND-CP sets out general provisions on the scope and conditions for multi-purpose land use without distinguishing between the “scope” of multi-purpose land use and the “conditions” for multi-purpose land use, while the substance of these matters is different. This constitutes a limitation in legislative drafting technique; if not clarified and distinctly separated, it will cause difficulties in determining the responsibilities of land users when implementing multi-purpose land use. Furthermore, pursuant to Point a Clause 2 Article 99 of Decree No. 102/2024/ND-CP, multi-purpose land use is permitted only if “a) the use of land for a combined purpose does not fall within cases of land-use purpose conversion prescribed in Article 121 of the Land Law.” This provision may be understood to mean that if a case falls within land-use purpose conversion under Article 121 of the Land Law 2024, multi-purpose land use cannot be implemented. However, Article 121 of the Land Law 2024 does not delimit the scope of land-use purpose conversion cases, but only distinguishes between cases that require permission and those that do not require permission; whereas multi-purpose land use involves using land for another purpose on a portion of land that has already undergone land-use purpose conversion. This raises the question of when a case would not be considered as “falling within cases of land-use purpose conversion prescribed in Article 121 of the Land Law.”[13]
In addition, Article 218 of the Land Law 2024 does not address the duration of multi-purpose land use, but such duration is only provided for in Point đ Clause 2 Article 99 of Decree No. 102/2024/ND-CP, which stipulates that “the duration of land use for the combined purpose must not exceed the remaining land-use term of the principal purpose,” and may be extended upon expiration of the combined-use term in accordance with the approved land-use plan. This may be understood to mean that the law does not intervene in determining the specific duration of land use for the combined purpose, but merely sets an upper limit that it must not exceed the land-use term of the principal purpose. However, the duration of use is also a mandatory component of the multi-purpose land-use plan, which will be appraised by the competent state authority - namely, the competent-level People’s Committee - when considering and approving multi-purpose land use for commercial and service purposes. The issue thus arises: if the competent authority does not agree with the duration proposed by the land user in the plan, on what legal basis will such a decision be made? This creates the potential risk of negative practices, as the decision on the permitted duration of use may depend on the subjective will of the competent authority in the future.
Fourth, other requirements to ensure the legality of multi-purpose land use
In order to ensure that multi-purpose land use is effective both from the perspective of state administration of land and from the perspective of the lawful rights, interests, and obligations of land users, the Land Law 2024 and Decree No. 102/2024/ND-CP provide and give detailed guidance on the contents that must be implemented for this type of land. Specifically, these contents include:
First, requirements regarding the conversion of land-use forms and the fulfillment of financial obligations
Among the seven cases in which multi-purpose land use is permitted as analyzed above, the Land Law 2024 separately provides for the case where “public non-business units using land for the construction of non-business facilities in combination with commercial and service purposes must convert to land lease with annual land rental payment for the combined-use area.”[14] This provision aims to clearly distinguish and separate land used for public purposes from land used for business purposes. Accordingly, land used for public purposes (construction of non-business facilities of public non-business units) falls under cases where the State allocates land without land-use levy in accordance with Clause 4 Article 118 of the Land Law 2024; whereas the portion of land converted to commercial and service business purposes must be subject to annual land rental payment pursuant to Point b Clause 2 Article 120 of the Land Law 2024. This regulation is reasonable, as it aims to optimize revenue sources and prevent loss and waste in land administration and use. It also ensures consistency and compatibility with regulations on land-use forms and the financial obligations of land users.
In addition, pursuant to Clause 5 Article 99 of Decree No. 102/2024/ND-CP, for “land areas used in combination for commercial and service purposes; non-agricultural production establishments; mineral activities; construction of postal, telecommunications, technology and information infrastructure works; outdoor advertising; and solar power, annual land rental must be paid.” Thus, with respect to the portion of land that was originally allocated by the State without land-use levy, allocated with land-use levy, or leased with one-off rental payment for the entire lease term, but which is subsequently used in combination and subject to annual land rental payment, how are the rights and obligations of the land user in relation to that land area to be determined? This issue has not been clearly addressed in the Land Law 2024, and in the author’s view, it needs to be specifically guided in detail in order to ensure the proper exercise of land users’ rights in the process of land exploitation and use.
Second, requirements regarding the preparation of a land-use plan
Pursuant to Clause 4 Article 218 of the Land Law 2024, “cases of land use in combination with commercial and service purposes as prescribed at Points a, b, c, d, dd, and e Clause 1 of this Article must prepare a land-use plan and submit it to the competent authority for approval.” Accordingly, where land is used in combination with commercial and service purposes, a land-use plan must be prepared and submitted to the competent authority for approval; meanwhile, combinations with other purposes such as agriculture, livestock farming, cultivation of medicinal plants; or cases where agricultural land groups and non-agricultural land groups are used in combination for agricultural purposes, construction, construction of postal, telecommunications, technology and information infrastructure works, outdoor advertising, solar power, etc., are not required to prepare a land-use plan, and land users may implement such combined land use without having to carry out any additional administrative procedures. The contents of a multi-purpose land-use plan include: information on the land parcel or land area currently in use, including location, area, and form of land use; land-use term; area, purposes of combined land use, and term of combined land use; contents demonstrating compliance with requirements under environmental protection law and other relevant legal regulations. These specific contents are prescribed and guided in Clause 3 Article 99 of Decree No. 102/2024/ND-CP detailing the implementation of the Land Law 2024[15]. Such specific information enables competent state authorities to grasp clearly and in detail the land users, land area, land categories used for the primary purpose and for combined purposes, as well as specific land-use plans. On that basis, competent authorities consider and decide to approve or refuse the land-use plans proposed by land users. In cases where a land-use plan is approved, the information set out therein also constitutes the basis for determining the rights and obligations of land users in the course of land use.
In addition, in cases of multi-purpose land use as prescribed by law, land users are not required to register changes with the competent state authority, nor are they required to adjust information on the Certificate of land use rights and ownership of assets attached to land. This indicates that administrative procedures are reduced for land users; however, from the perspective of state administration, especially in cases where a land-use plan is not required to be prepared, inspection and supervision by competent state authorities will face difficulties. In practice, changes arising from the transfer of land use rights, changes in land-use purposes, or planning adjustments may occur without being promptly recorded, leading to improper land use and waste of land resources. In addition, the development of multi-purpose land-use projects requires comprehensive and sustainable planning. However, the implementation of such planning faces major challenges, such as a lack of synchronization between land-use planning and infrastructure development, insufficient participation of the community and stakeholders in the planning process, and difficulties in protecting land resources in the context of socio-economic development. Therefore, when competent authorities approve or permit registration, they must conduct a comprehensive assessment and review of the consistency with plans within the planning system, as well as the participation of the community, in order to ensure feasibility.
In addition, the development of multi-purpose land-use projects requires comprehensive planning. However, the implementation of such planning encounters major problems, including a lack of synchronization between land-use planning and infrastructure development, insufficient participation of the community and stakeholders in the planning formulation process, and challenges in protecting land resources in the context of socio-economic development. Therefore, when competent authorities approve or permit registration, they must comprehensively assess and review the conformity with plans within the planning system and the participation of the community to ensure feasibility.[16]
3. Solutions for improving land legislation on multi-purpose land use
Research on legislation governing multi-purpose land use in the context where the Land Law 2024 for the first time provides for such use shows that the current regulations remain limited to the most general and principle-based provisions; they have not yet truly ensured specificity, completeness, and comprehensiveness in the management and use of land for multi-purpose purposes; nor have they included regulations to address practical backlogs existing prior to the promulgation of the Law. Meanwhile, Resolution No. 18-NQ/TW clearly states that “land resources shall be managed, exploited, and used in a manner that ensures thrift, sustainability, and the highest efficiency; meets the requirements of accelerating industrialization and modernization associated with social equity and stability; ensures national defense and security; protects the environment and adapts to climate change; and creates momentum for our country to become a high-income developed country.” Therefore, in order for multi-purpose land use to be effective and to ensure sustainable development, especially in the context of implementing the orientation set out in Resolution No. 69-NQ/TW dated 19 July 2025 of the 13th Party Central Committee - which basically reached consensus on a number of proposals of the Government Party Committee concerning new issues arising from the practical implementation of Resolution No. 18-NQ/TW that require amendment and supplementation of the Land Law 2024 - it is necessary to focus on improving the system of legal provisions on multi-purpose land use as follows:
First, amendments and supplements regarding land types eligible for multi-purpose land use
As analyzed above, the provisions in Clause 1 Article 218 of the Land Law 2024 on cases of multi-purpose land use still contain many limitations, causing land users as well as state management authorities to adopt different interpretations and implementation approaches; this entails potential risks of arbitrariness in future application, directly affecting the effectiveness of land exploitation and use. However, Resolution No. 254/2025/QH15 dated 11 December 2025 on a number of mechanisms and policies to remove obstacles in the organization of the implementation of land legislation (effective from 1 January 2026) has not remedied the above-mentioned limitations. Instead, Clause 4 Article 11 of the Resolution merely supplements an additional case of multi-purpose land use as follows: “In addition to the cases of multi-purpose land use prescribed in Clause 1 Article 218 of the Land Law, the Government shall prescribe other cases of multi-purpose land use.” In the author’s view, this Resolution further maximizes the expansion of cases of multi-purpose land use and delegates detailed regulation to the Government. Although this approach may have advantages in enhancing flexibility and more effectively exploiting land funds, it also entails many potential drawbacks, including creating opportunities for land users to take advantage of such open-ended provisions to legitimize improper land use. Therefore, in the forthcoming amendment of the Land Law 2024, it is necessary to provide a clear definition of multi-purpose land, classify it by specific groups, and clarify what is meant by “agricultural land” when used in combination; at the same time, Points a and g Clause 1 Article 218 of the Land Law 2024 should be reviewed in order to avoid the overlap currently existing, as analyzed in Section 2.2 above.
Second, it is necessary to clearly distinguish between the scope of multi-purpose land use and the conditions for multi-purpose land use. At the same time, the responsibilities of land users should be clearly defined in cases where multi-purpose land use is carried out beyond the permitted scope or fails to fully satisfy the conditions prescribed by law. This clarification would assist competent authorities in considering and approving applications for multi-purpose land use in an appropriate manner, thereby limiting the occurrence of complaints and administrative litigation.
With respect to the provision at Point a, Clause 2, Article 99 of Decree No. 102/2024/ND-CP, it should be amended in the following direction: instead of stipulating that “a) Land is used for combined purposes not falling within the cases of land-use purpose change prescribed in Article 121 of the Land Law,” this should be treated as an option subject to the land user’s choice. Such an amendment would both ensure flexibility in land use and maintain consistency among the provisions of the Land Law 2024.
In addition, regulations on the duration of land use for multi-purpose combined use should be supplemented. This issue requires further study in order to ensure that reverting to the primary land-use purpose can be carried out smoothly, while minimizing potential losses (if any) to land users. This would provide a legal basis for competent state authorities when approving land-use plans in cases where such plans are required, and also serve as a basis for inspection and supervision of land use in cases where no land-use plan is required.
Third, requirements for multi-purpose land use
In the author’s view, it is necessary to clarify the term “restrictions” as used in Point d, Clause 2, Article 218 of the Land Law 2024, by supplementing guiding documents specifying the cases that are considered to affect the conservation of natural ecosystems, biodiversity, and environmental landscapes. On that basis, where land users commit violations, there will be clear legal grounds for application and resolution. At the same time, it is necessary to make cross-references to relevant legislation that must be complied with in specific aspects and dimensions corresponding to each different combined-use purpose. This would ensure consistency in the process of application and limit negative practices arising from the discretionary application of the law by competent authorities in practice.
Fourth, supplementation of regulations on the rights and obligations of land users with respect to land areas used in combination with commercial and service purposes; non-agricultural production facilities; mineral exploitation activities; construction of postal, telecommunications, technology and information infrastructure works; outdoor advertising; and solar power projects, for which annual land rent must be paid, in order to ensure the effective exercise of land users’ rights in the course of land exploitation and use. In the author’s view, rights and obligations should be recognized in accordance with the primary land-use purpose so as to ensure stability for land users in the process of exploitation and exercise of rights, particularly rights relating to the transfer of land-use rights (in cases of land allocation with collection of land-use levy or land lease with one-off payment for the entire lease term).
In addition, it is necessary to strengthen supervision, inspection, and the application of technology in land administration. An online monitoring and supervision system for multi-purpose land should be developed; concurrently, blockchain technology should be applied to enhance the effectiveness of land data management. Blockchain can help filter unstructured information from different data sources and consolidate all real estate-related information into a single data source for ease of monitoring[17], thereby enhancing the transparency of land-use rights information and increasing the accountability of local authorities in the management and supervision of multi-purpose land use.
4. Conclusion
The management of multi-purpose land use poses a major challenge to state land administration, particularly in the context where the amended Land Law takes effect from 1 August 2024. However, with appropriate reforms, close coordination among competent authorities, and transparency in management, these difficulties can be effectively addressed, thereby improving land-use efficiency, protecting land resources, and promoting the sustainable development of the economy.
REFERENCES
1. C. Marx (1979), Capital (Volume I, Part 2), Truth Publishing House, Hanoi.
2. Nguyen Ha Phuong (2023), “Some models of multi-purpose land use in Viet Nam and proposals for management policy solutions”, Journal of Natural Resources and Environment, No. 20 (Issue 2, October 2023).
3. Tung Quang (2022), “Removing obstacles for land planned for new residential areas and mixed-use land”, https://nhandan.vn/go-vuong-cho-dat-quy-hoach-khu-dan-cu-moi-dat-hon-hop-post682209.html, accessed on 10 March 2024.
4. Resolution No. 18-NQ/TW of the Fifth Plenum of the 13th Central Committee of the Communist Party of Viet Nam on “Continuing to innovate and improve institutions and policies, and enhance the effectiveness and efficiency of land management and use, creating momentum for Viet Nam to become a high-income developed country”.
5. Decree No. 102/2024/ND-CP dated 30 July 2024 of the Government, detailing the implementation of a number of articles of the Land Law.
6. Nguyen Kim Ngan, Pham Duc Minh, Nguyen Manh Tuong (2024), “Exploitation and use of land for mineral activities in combination with multiple purposes: Practice and several recommendations”, Journal of Natural Resources and Environment, No. 15 (Issue 1, August 2024).
7. Land Law 2024.
8. Tang Thi Thu Trang (2023), Policies and laws on the management and use of land in combination with multiple purposes in the draft Land Law, https://www.quanlynhanuoc.vn/2023/04/17/chinh-sach-phap-luat-ve-quan-ly-va-su-dung-dat-ket-hop-da-muc-dich-trong-du-thao-luat-dat-dai
9. Binh Nghi (2024), “Experts propose the use of AI and blockchain in land data management”, See more at: https://vnexpress.net/chuyen-gia-de-xuat-dung-ai-blockchain-trong-quan-ly-du-lieu-dat-dai-4763961.html, accessed on 01 December 2025.
10. Vu Van Huan and Chau Hoang Than (2023), Law on multi-purpose land use in relation to the requirements of tourism real estate development in Viet Nam, Journal of Procuracy Science, No. 7/2023.
* Assoc.Prof, PhD; Vice Dean, Faculty of Economic Law – Hanoi Law University.Email: ngalandlaw@gmail.com, approval date: 27 January 2026.
[1] C. Marx (1979), Capital (Volume I, Part 2), Truth Publishing House, Hanoi, p. 16.
[2] Tung Quang (2022), Removing obstacles for land planned for new residential areas and mixed-use land, https://nhandan.vn/go-vuong-cho-dat-quy-hoach-khu-dan-cu-moi-dat-hon-hop-post682209.html, accessed on 10 March 2024.
[3] Article 118. Land with water surfaces being ponds, lakes, and lagoons; Article 119. Coastal water-surface land; Article 215. Specialized water-surface land and river, stream, canal, ditch, and creek land.
[4] Points a, d, and g, Clause 1, Article 128 of the Land Law 2024.
[5] Tang Thi Thu Trang (2023), Policies and laws on the management and use of land in combination with multiple purposes in the draft Land Law, https://www.quanlynhanuoc.vn/2023/04/17/chinh-sach-phap-luat-ve-quan-ly-va-su-dung-dat-ket-hop-da-muc-dich-trong-du-thao-luat-dat-dai.
[6] Point d, Clause 1, Article 218 of the Land Law 2024.
[7] Point g, Clause 1, Article 218 of the Land Law 2024.
[8] Points b, c, and e, Clause 1, Article 218 of the Land Law 2024.
[9] On 15 February 2022, the People’s Committee of Da Nang City promulgated a Scheme on piloting the exploitation of tourism services in combination with agricultural, forestry, and aquaculture development in Hoa Vang District.
[10] Nguyen Ha Phuong (2023), Some models of multi-purpose land use in Viet Nam and proposals for management policy solutions, Journal of Natural Resources and Environment, No. 15 (Issue 1, August 2024).
[11] Nguyen Kim Ngan, Pham Duc Minh, Nguyen Manh Tuong (2024), Exploitation and use of land for mineral activities in combination with multiple purposes: Practice and several recommendations, Journal of Natural Resources and Environment, No. 15 (Issue 1, August 2024).
[12] Clause 2, Article 99 of Decree No. 102/2024/ND-CP, detailing the implementation of a number of articles of the Land Law 2024.
[13] Clause 1, Article 99 of Decree No. 102/2024/ND-CP, detailing the implementation of a number of articles of the Land Law 2024.
[14] Clause 3, Article 218 of the Land Law 2024.
[15] Article 99 of Decree No. 102/2024/ND-CP specifically provides for the land use plan, including:
a) Information on the land user;
b) Information on the land parcel or land area currently used for the primary purpose, including: location, area, land use purpose, form of land use (allocation of land without land use levy; allocation of land with land use levy; allocation or lease of land with exemption from land use levy or land rent; lease of land with one-off payment of land rent for the entire lease term; lease of land with annual land rent payment; land obtained through lawful transfer of land use rights from other organizations or individuals); land use term (stable and long-term; remaining land use term in the case of land with a definite term);
c) Information on the area of land used in combination, including: location, area, land use purpose, and duration of combined use;
d) Construction or renovation plan for works in cases where land is used for combined purposes involving construction works, including new construction and renovation of existing works;
đ) Plan for dismantling works and restoration to ensure eligibility for use for the primary purpose upon expiration of the combined-use term;
e) Commitments and measures in accordance with relevant laws to ensure no adverse impact on national defense and security; to limit impacts on the conservation of natural ecosystems, biodiversity, and environmental landscapes; and to avoid affecting the land use of adjacent parcels;
g) Diagrams and maps related to the land parcel or land area used for combined purposes.
[16] Vu Van Huan and Chau Hoang Than (2023), Law on multi-purpose land use in relation to the requirements of tourism real estate development in Viet Nam, Journal of Procuracy Science, NoV
[17] Binh Nghi (2024), “Experts propose the use of AI and blockchain in land data management”, see more at: https://vnexpress.net/chuyen-gia-de-xuat-dung-ai-blockchain-trong-quan-ly-du-lieu-dat-dai-4763961.html, accessed on 01 December 2025.
