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Tuesday, 29/9/2026 | 12:02 GMT+7

Public lawyers at Ministry of Public Security, National Defense exempt from liability for damages without personal gain

Starting 1/10/2026, public lawyers will be piloted in 8 ministries and 10 localities, potentially exempt from liability if damages occur while adhering to regulations and without personal gain.

This initiative marks an unprecedented development in Vietnam, establishing a force of professional lawyers directly within state administrative agencies and state-owned enterprises. A Ministry of Justice leader highlighted this at a conference on 29/9 to implement Resolution 24 of the National Assembly, which pilots the public lawyer institution.

The pilot program will run for two years, from 1/10/2026 to 30/9/2028. It involves eight ministries: National Defense, Public Security, Foreign Affairs, Justice, Finance, Industry and Trade, Agriculture and Environment, and Construction.

Additionally, 10 localities are participating: Hanoi, Ho Chi Minh City (HCMC), Da Nang, Hai Phong, Can Tho, Dong Nai, Bac Ninh, Quang Ninh, Khanh Hoa, and Lam Dong.

Public lawyers are cadres, civil servants, public employees, military officers, police officers, or individuals working in state agencies who meet the standards for a practice certificate. Candidates must possess at least five years of experience in law or in litigation, consulting, and resolving legal matters.

To become certified, these individuals must complete professional training, an apprenticeship, and pass an evaluation. The Minister of Justice holds the authority to issue, reissue, or revoke these practice certificates.

However, the Ministry of National Defense and the Ministry of Public Security are tasked with detailing their own training and apprenticeship requirements to suit their specific operational needs.

Lawyers at a court session in Hanoi. Photo: *Pham Du*

When are public lawyers exempt from liability?

A key aspect of this new mechanism is the provision for public lawyers to be exempt from liability. This exemption applies if they have fully followed established procedures and legal regulations, and acted without personal gain, even if damages occur during their duties.

Public lawyers are restricted to providing legal services exclusively within the state sector; they are prohibited from serving external individuals or organizations. When handling cases, they must report developments and outcomes to their employing agency.

Beyond their regular salaries, public lawyers receive a monthly allowance and other benefits. If eligible for multiple monthly support policies, they will receive only the highest applicable amount.

Furthermore, for each work session involved in resolving a legal case, a public lawyer receives an additional allowance equivalent to 0.5 times the basic salary.

By VnExpress: https://vnexpress.net/luat-su-cong-tai-bo-cong-an-quoc-phong-duoc-mien-trach-nhiem-neu-gay-thiet-hai-nhung-khong-tu-loi-5126149.html
Tags: Ministry of Justice military public security lawyer public lawyer

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