Executive Summary
Vietnam is preparing to introduce a Public Lawyer regime through a draft Resolution of the National Assembly (“draft Resolution“), following the policy direction in Resolution No. 66-NQ/TW passed by the National Assembly dated 30 April 2025 (“Resolution 66‑NQ/TW“). This marks a significant shift in how the State manages legal risk, resolves disputes, and ensures equal access to legal representation. A three-year pilot programme will be implemented across selected ministries and provinces, laying the groundwork for future legislative reforms.
Policy Background
Vietnam’s administrative agencies increasingly face complex litigation, investment disputes, international arbitration, and high‑value contractual negotiations. Yet, Vietnam does not have an institutionalised system of lawyers representing the Government or providing specialised public‑sector legal aid.
Agencies currently rely on internal legal officers or ad‑hoc engagements with private firms, which lack continuity and institutional memory. This prompted the National Assembly to introduce a public lawyer regime that aims to:
- strengthen legal protection of State interests;
- improve policy quality and accountability;
- enhance legal access for vulnerable sectors; and
- support judicial and regulatory reform under Resolution 66‑NQ/TW.
Key Features of the Draft Resolution
Scope of the Pilot Programme
A three‑year pilot programme will be implemented across the following:
- eight ministries (including Justice, Finance, Foreign Affairs, Public Security, National Defense); and
- 10 provinces/cities (including Hanoi, Ho Chi Minh City, Da Nang, Hai Phong, and Can Tho).
Mandate of Public Lawyers
Public lawyers have the following mandates:
- represent State bodies in administrative, civil, commercial, and international disputes;
- provide legal opinions for legislative drafting, policymaking, and public‑sector transactions;
- conduct legal aid for disadvantaged groups; and
- participate in cross‑border negotiations, when required.
Legal Status and Remuneration
Public lawyers will be treated as public officials under a special salary regime, with additional case‑based allowances. Professional obligations remain aligned with the Law on Lawyers but tailored to public‑sector responsibilities.
Key Policy and Legal Issues
Professional Independence
A central issue is ensuring independence in the discharge of duties, equivalent to how lawyers in the private sector practice their profession. Without safeguards, the role of public lawyers risks becoming administrative rather than professional.
Distinction from Legal Aid Officers
Vietnam must determine whether public lawyers will primarily represent the State (state counsel model) or defend vulnerable groups (public defender model).
International experience cautions against merging both functions mentioned above.
Recruitment and Capacity Building
Merit-based recruitment – potentially through nationwide competitive examinations – is essential to attract qualified candidates, including experienced private‑sector practitioners.
Supporting Legislative Amendments
Depending on the outcome of the pilot programme, amendments to the following laws and codes may be needed:
- The Law on Lawyers;
- The Law on Legal Aid;
- The Civil Service Law; and
- Judicial procedure codes.
Implications for Government Agencies and Investors
If implemented effectively and efficiently, the proposed regime will:
- strengthen the State’s dispute‑management capacity;
- reduce arbitration and litigation risk for public contracts and investment projects;
- improve legal predictability for investors; and
- enhance rule‑of‑law commitments under international best practices.
Next Steps
There will be an ongoing consultation on the draft Resolution before its submission to the National Assembly. After the pilot programme, the Government may consider:
- introducing a dedicated Public Lawyer Law, or
- amending existing statutes.
Rajah & Tann LCT Lawyers will continue to monitor developments and provide updates.
This Update was authored by Mr. Cao Dang Duy and Dr. Le Hong Phuc (also a lecturer at Phenikaa University).
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