“Unlocking Dual Potential: Exploring Agricultural Land’s Tourism Possibilities”

Attorney Nguyen Phuong Lien from SENLAW Law Firm stated that according to the new regulations in the 2024 Land Law, after August 1st,
owners of agricultural land can apply for multi-purpose land use, with an
area not exceeding 50% of the land used for the primary purpose, and only
temporary structures are allowed to be built.

According to Attorney Nguyen Phuong Lien, multi-purpose land use is a
combination of multiple land use purposes. If this regulation is not applied
correctly, it can easily lead to illegal land use conversion.

Therefore, when intending to develop farmstays, landowners are not
permitted to construct permanent buildings but only temporary structures that
can be easily dismantled to meet the condition of “not impairing the necessary
conditions to revert the land to its primary use.”

Article 99 of Decree 102/2024, guiding the 2024 Land Law, clearly states:
“Multi-purpose land use is the use of a portion of the land area designated
for the primary land use purpose for another purpose as stipulated in Article
218 of the Land Law.”

The primary land use purpose refers to the purpose for which the land lot
is allocated, leased, or recognized for land use rights by the State, and is
currently being used stably and meets the conditions for a land use rights
certificate.

Scope and Conditions for Multi-purpose Land Use: The area
of land used for combined purposes must not exceed 50% of the land used for
the primary purpose, excluding residential land used for multi-purpose
purposes. Structures built on agricultural land for multi-purpose use must be
of a suitable scale and nature, easily dismantled. The construction and
renovation of structures for combined use must comply with the laws on
construction and other relevant legal regulations.

Information about the combined use area includes: location, area, purpose
of use, duration of combined use; construction or renovation plan for
structures in the case of using land for combined purposes with structures;
plan for dismantling structures and restoring the land to its primary use
condition after the expiration of the combined use period.

Decree 102 also clearly states: “Commitments and measures prescribed by
relevant laws must be in place to ensure no impact on national defense and
security; minimize impacts on the conservation of natural ecosystems,
biodiversity, and environmental landscapes; and not affect the land use of
adjacent land lots.”

Procedure for Multi-purpose Land Use Application: The
application dossier, procedure, and process include: A written request for
multi-purpose land use according to Form No. 15 in the Appendix issued with
Decree 102; a plan for multi-purpose land use; the issued land use rights
certificate or one of the documents specified in Article 137 of the Land Law.

Individuals with a need for multi-purpose land use shall submit one set of
the registered dossier for multi-purpose land use to the land management
agency at the district level. Organizations with a need for multi-purpose
land use shall submit one set of the registered dossier for multi-purpose
land use to the land management agency at the provincial level. The People’s
Committee at the provincial level shall be responsible for considering and
approving the plan for multi-purpose land use.

The time limit for evaluating and approving the plan for multi-purpose land
use shall not exceed 15 days from the date of receipt of a valid dossier. In
case of disapproval, a written response stating the reason must be provided.