Concerns over staffing sources in the pilot scheme for public lawyers

At the morning session on 15 April, the Standing Committee of the National Assembly discussed a draft resolution to implement a pilot regime for public lawyers, with the aim of enhancing the protection of the lawful rights and interests of agencies and organizations. Deputy Minister of Justice Nguyen Thanh Tu said that issuing the resolution would provide the legal basis for piloting the public-lawyer regime.

Under the pilot results, the public-lawyer regime could be implemented formally to improve protection for the legal rights and interests of state agencies, bodies and organizations within the political system, as well as the state’s rights and interests in state-owned enterprises. The pilot is also intended to meet requirements of judicial reform and the reorganization and streamlining of the political system’s apparatus.

Draft resolution details and pilot timeline

The draft resolution comprises 18 articles governing the pilot implementation of the public-lawyer regime, including standards, rights, obligations, duties of public lawyers, and state management of public lawyers. The pilot period is two years, from October 1, 2026 to September 30, 2028.

The Chair of the Legal and Judicial Committee, Phan Chi Hieu, said the committee agrees on the necessity of issuing the resolution.

Concerns raised over sources of public lawyers

Lê Thị Nga, Chair of the Committee on People’s Representation and Supervisory, raised concerns about the source of public lawyers. The draft resolution designates the source as civil servants, public employees, and armed forces personnel who have completed apprenticeship to practice law as required by the Lawyers Law.

However, under the Lawyers Law, individuals who are civil servants, professional armed forces officers, or police officers serving in agencies under the People’s Army or People’s Public Security are not eligible to be issued a license to practice law.

In practice, Lê Thị Nga noted that the number of civil servants, public employees, and armed forces officers who have attended law training and apprenticeship at attorney organizations is very small. She also pointed out that the Lawyers Law requires a minimum of 24 months from the start of law training to the completion of apprenticeship—exactly matching the two-year pilot period—making it difficult to ensure a feasible supply of public lawyers during the pilot.

To address this, Lê Thị Nga proposed that the drafting agency study amendments to introduce special provisions for these groups to ensure the pilot’s feasibility and effectiveness. She also urged continued careful review of the duties and responsibilities of public lawyers to ensure alignment and effectiveness.

Suggestions to improve feasibility

Lê Tấn Tới, Chair of the National Defense, Security and External Affairs Committee, argued that the draft’s provisions on the source of public lawyers should be revised to ensure feasibility. He suggested considering a knowledge test and a licensing method.

Đỗ Ngọc Thịnh, President of the Vietnam Lawyers Association, said that given the challenges in sourcing public lawyers, the pilot could be extended and the inputs for public lawyers reevaluated. He suggested potentially opening participation to professionals, lecturers, arbitrators, and others, and designing rules that facilitate and attract qualified individuals to serve as public lawyers.

Scope of the pilot

The pilot implementation of the public-lawyer regime will be carried out at the Ministry of National Defense, Ministry of Public Security, Ministry of Construction, Ministry of Finance, Ministry of Justice, Ministry of Industry and Trade, Ministry of Foreign Affairs, and Ministry of Agriculture and Rural Development. It will also be implemented by the People’s Committees of Hanoi, Ho Chi Minh City, Da Nang, Hai Phong, Can Tho, Quang Ninh, Khanh Hoa, Lam Dong, Dong Nai and Bac Ninh, as well as state-owned enterprises.

The resolution also applies to agencies, organizations, and individuals involved in implementing the pilot.