Law on Lawyers (Amendment): Defining the content of the standard 'steadfast political resolve'

On 6 April, Deputy Minister Mai Lương Khôi of the Ministry of Justice chaired the Appraisal Council for the policy dossier of the Lawyers Law (amendment). In its briefing, Deputy Director of the Legal Aid Department Dang Kim Hoa said the draft focuses on three main policy groups: building a corps of lawyers with political backbone, professional ethics, and professional competence; and ensuring discipline and order in the practice of lawyers.

Key policy changes in the draft

The draft adds a standard of “steadfast political resolve” to the standards for lawyers and assigns the Government the task of detailing the standard “compliance with the Constitution and laws, having political backbone, and good moral character.”

It clarifies that “steadfast political resolve” requires lawyers to have a correct understanding of the political system and to always be mindful and responsible for protecting justice, national rights and interests, and the nation. It also states that lawyers must not use the practice of law to infringe national security or public order.

Revisions to the process for becoming a lawyer

The draft also amends the pathway to become a lawyer, from joining the Bar Association, to apprenticeship, to organizing the national exam (the bar exam for licensure). It aims to reduce steps, procedures, and formalities to become a lawyer as much as possible.

Ministry of Home Affairs comments on defining the standard

A representative of the Ministry of Home Affairs said the “steadfast political resolve” standard needs clearer content to guide the law’s provisions. The representative emphasized that lawyers, in their role, are responsible for upholding fairness and obeying the law. In that view, “steadfast political resolve” should mean understanding and properly applying the law, rather than exploiting legal loopholes to commit wrongdoing or violate professional ethics.

The representative urged an approach of supplementation rather than defining what constitutes “steadfast political resolve,” and suggested specifying concrete standards such as strict compliance with the law and not violating it to the extent that disciplinary action is warranted (if the person is a public official).

Next steps requested by Deputy Minister Mai Lương Khôi

In concluding remarks, Deputy Minister Mai Lương Khôi asked the drafting agency to study, evaluate, consider, absorb, and finalize the content proposed by council members. He said the drafting agency should fully codify the Party’s current directions and viewpoints for the justice sector and the legal profession.

Deputy Minister Khôi affirmed that council members generally agreed the draft policy on the Lawyers Law (amendment) has sufficient conditions to proceed. He also requested that the drafting agency finalize the proposed content, clarify policies and solutions in the bill, study and finalize the policy name, and develop impact assessment reports with quantifiable elements to strengthen persuasiveness.