Official Letter No. 1841/KHDT-KTDN issued by the Department of Planning and Investment of Bac Ninh Province responding to a citizen's inquiry on using residential property as a project site

In response to the question: "Is it permissible to use a residential property (land with a residential building, a land use right certificate with the asset attached to the land, being a ground-level house and not an apartment) as a project site and headquarters for a foreign-invested company?"

The Department of Planning and Investment has provided the following response: According to Article 218 of the Land Law 2024, various types of land may be used for multiple purposes, including residential land in combination with agricultural, commercial, service, or business-purpose facilities. To utilize land for multiple purposes, certain requirements stipulated in Clause 2, Article 218 of the Land Law must be met.

Based on the information provided by the citizen, the use of a residential property located in Bac Ninh City (an already constructed house with a land use right certificate, intended for residential use in an urban area) as a project site is not appropriate.

To use the land for multiple purposes, the land user must develop a land use plan and submit it to the competent authority for approval, following the procedures outlined by the local land management agency as stipulated by the Land Law. In addition to complying with housing and land regulations, the conditions stipulated by the Law on Real Estate Business must also be met.

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Hoang Pham (James) / Managing Partner at: hoang.pham@vselawyers.com

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Attention: This legal update is not an advice and should not be treated as such.