The National Assembly has approved a draft resolution to pilot the public lawyer institution, which will be implemented from october 1, 2026, to september 30, 2028. This initiative aims to establish a specialized legal workforce within the state sector. The resolution passed on april 24 with 467 out of 484 delegates present voting in favor.
The pilot program will be conducted in eight Ministries and 10 localities. The participating Ministries include: National Defense, Public Security, Foreign Affairs, Justice, Finance, Industry and Trade, Agriculture and Environment, and Construction. The 10 localities are: Ha Noi, TP HCM, Da Nang, Hai Phong, Can Tho, Dong Nai, Bac Ninh, Quang Ninh, Khanh Hoa, and Lam Dong.
Public lawyers must be officials, civil servants, public employees, military officers, police officers, or individuals employed by state-owned enterprises. They must meet the standard qualifications for lawyers. Specifically, officials, civil servants, military officers, and police officers need at least 5 years of regular, direct experience in the legal field. This experience can also include litigation, legal consulting, or resolving complex legal cases.
Certain legal professionals are excluded from serving as public lawyers, including: judges, procurators, investigators, court examiners, prosecution examiners, and enforcement officers. Furthermore, public lawyers are prohibited from providing legal services to clients outside the state sector, ensuring their focus remains on governmental legal needs.
The Minister of Justice will issue, re-issue, or revoke public lawyer practice certificates.
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Lawyers at a court session in TP HCM, april 2026. *Photo: Thanh Tung* |
Public lawyers will undertake a range of responsibilities. They will provide consultation, representation, and participate in litigation, resolving domestic and international lawsuits and disputes. These disputes cover areas such as investment, commerce, international public law, international private law, administrative matters, and civil affairs. They will also engage in the enforcement of civil and administrative judgments as regulated by law. Additionally, they will offer legal advice during the development and implementation of socio-economic projects, and assist in resolving complex and prolonged complaints and denunciations.
Public lawyers will receive salaries, special benefits, or bonuses for excellent performance in protecting the rights and interests of the State. Beyond these benefits, when participating in legal cases, public lawyers will receive a stipend for one work session equivalent to 0.5 times the basic salary. The current basic salary is 2.34 million VND.
Vu Tuan
