The Ministry of Justice is currently soliciting feedback on the Draft Amended Law on Lawyers, which proposes adding and specifying several grounds for revoking a lawyer's practice certificate.
One of the most notable changes is the reduction of the non-practice period leading to certificate revocation.
Under the current law, a lawyer's certificate is only considered for revocation if they do not join a Bar Association within 2 years, do not establish or work for a legal practice organization within 3 years, or do not practice continuously for 5 years from the date their lawyer's card was issued.
According to the drafting agency, these periods are quite long, potentially allowing lawyers to remain on the practice list without actively engaging in professional activities.
The draft therefore proposes shortening this period to 12 months. If a lawyer does not practice in any form during this time, their practice certificate will be revoked.
Additionally, the draft for the first time directly establishes not meeting lawyer standards as a ground for revoking a practice certificate.
Article 11 of the draft stipulates that individuals who no longer meet the lawyer standards outlined in Article 7 will have their certificates revoked. These standards include requirements for strong political conviction, courage in defending justice, integrity, and honesty.
The Ministry of Justice also proposes a mechanism for automatic suspension of a lawyer's practice certificate when the individual is prosecuted or disciplined by removal from the Bar Association's list.
According to the drafting agency, this provision aims to prevent individuals suspected of serious legal violations or professional ethical misconduct from continuing to operate as lawyers. This measure safeguards client interests while awaiting a final decision.
Statistics from 2010-2025 show that 1,601 lawyers were removed from Bar Association lists. Of these, 1,301 were removed for failing to pay membership fees. Other cases involved removal due to conviction by a legally effective judgment or serious violations of the Code of Ethics and Professional Conduct for Lawyers.
The Ministry of Justice states that these new regulations ensure lawyer's practice certificates are not used for purposes outside of professional activities.
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Lawyers at a court session in TP HCM, 4/2026. Photo: Thanh Tung |
The draft also proposes an exception for public employees who are law lecturers.
The current law states that a lawyer's practice certificate may be revoked if they are recruited or appointed as a cadre, civil servant, or public employee. However, this draft proposes not to revoke certificates for public employees holding lecturer positions at legal training institutions.
According to the drafting agency, this change helps attract highly qualified experts to the legal service market. It also enables lecturers to gain practical experience, enhancing the quality of legal education.
Furthermore, the draft adds a provision for revoking practice certificates for lawyers who also hold other judicial support positions, such as notary public or bailiff. This was not specifically regulated in the current law.
Hai Thu
