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NATIONAL ASSEMBLY OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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Resolution No. 24/2026/QH16
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Hanoi, April 24, 2026
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RESOLUTION
ON THE PILOT
IMPLEMENTATION OF THE PUBLIC LAWYER INSTITUTION
THE NATIONAL ASSEMBLY
Pursuant to the Constitution of the Socialist Republic of Vietnam, as
amended and supplemented by Resolution No. 203/2025/QH15;
Pursuant to Law on Organization of the National Assembly No.
57/2014/QH13, as amended and supplemented by Law No. 65/2020/QH14 and Law No.
62/2025/QH15;
Pursuant to Law on Promulgation of Legislative Documents No.
64/2025/QH15, as amended and supplemented by Law No. 87/2025/QH15;
HEREBY DECIDES:
Article 1. Scope of regulation and pilot scope
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2.
The pilot implementation of the public lawyer institution shall be organized
and conducted at the Ministry of National Defense, the Ministry of Public
Security, the Ministry of Foreign Affairs, the Ministry of Justice, the
Ministry of Finance, the Ministry of Industry and Trade, the Ministry of
Agriculture and Environment, and the Ministry of Construction; and the People’s
Committees of the following provinces and centrally-affiliated cities: Hanoi,
Ho Chi Minh City, Da Nang, Hai Phong, Can Tho, Dong Nai, Bac Ninh, Quang Ninh,
Khanh Hoa, and Lam Dong.
Article 2. Interpretation of terms
In
this Resolution, terms below are construed as follows:
1.
Public lawyer refers to cadre, public servant, public employee, officer of
the People's Army, officer of the People's Public Security, or employee working
in a state-owned enterprise whose owner's representative is an agency
prescribed in Clause 2 Article 1 of this Resolution, who has been granted a
lawyer practicing certificate to perform legal tasks to protect the lawful
rights and interests of regulatory agencies, agencies and organizations within
the political system, and state-owned enterprises in accordance with this
Resolution and other relevant provisions of law.
2.
State sector refers to agencies and organizations affiliated to the
Ministries and local authorities prescribed in Clause 2 Article 1 of this
Resolution, including: regulatory agencies; armed forces units; organizations
established and invested in terms of facilities by the State, and fully or
partially funded by the state budget for their operations; and state-owned
enterprises as prescribed by the law on enterprises.
Article 3. Operational principles of public lawyers
1.
Compliance with the Constitution and the law.
2.
Compliance with the Rules of ethics and professional conduct of
Vietnamese lawyers and the ethical standards of cadres, public servants, public
employees, officers of the People's Army, and officers of the People's Public
Security.
3.
Independence, honesty, and respect for objective truth.
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Article 4. Prohibited acts
1.
Public lawyers are strictly prohibited from committing the following acts:
a)
Providing legal services to clients outside the state sector;
b)
Disclosing information related to their assigned cases or other legal tasks
without the consent of the competent authority;
c)
Colluding or transacting with others to violate the law in the settlement of
cases, thereby affecting the rights and interests of the State;
d)
Taking advantage of their work or the title of public lawyer for personal gain;
dd)
Other prohibited acts in accordance with the Law on Lawyers and the laws on
cadres, public servants, public employees, officers of the People's Army,
officers of the People's Public Security, and enterprises.
2.
Agencies, organizations, and individuals are strictly prohibited from
obstructing the activities of public lawyers.
Article 5. Qualifications of public lawyers
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a)
He/she is a cadre, public servant, public employee, officer of the People's
Army, officer of the People's Public Security, or an employee working in a
state-owned enterprise;
b)
He/she has a firm political ideology, untainted professional ethics and
integrity;
c)
He/she meets the qualifications of a lawyer prescribed in the Law on Lawyers;
d)
He/she has at least 05 years of regular or direct working experience in the
legal field, or experience in litigation, legal counseling, or resolution of
complex legal cases as prescribed by the Government.
2.
The Government shall provide for the law practice apprenticeship, examination
of law practice apprenticeship results, and qualifications of public lawyers in
conformity with the job positions of cadres, public servants, public employees,
officers of the People's Army, officers of the People's Public Security, and
employees working in state-owned enterprises.
Article 6. Issuance, re-issuance, and revocation of lawyer
practicing certificates for public lawyers
1.
Based on the actual demand for public lawyers, the pilot-implementing agencies
prescribed in Clause 2 Article 1 of this Resolution shall submit written
requests to the Minister of Justice to issue or re-issue lawyer practicing
certificates to persons meeting qualifications prescribed in Article 5
of this Resolution who work at agencies and organizations under their
management.
2.
A person falling under any of the following cases shall not be issued a lawyer
practicing certificate:
a)
He/she fails to meet the qualifications of a public lawyer prescribed in
Article 5 of this Resolution;
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c)
He/she does not permanently reside in Vietnam;
d)
He/she falls under other cases prescribed in the Law on Lawyers that are not contrary
to this Resolution.
3.
A public lawyer shall have his/her lawyer practicing certificate revoked in any
of the following cases:
a)
He/she falls under any of the cases prescribed in Clause 2 of this Article;
b)
He/she ceases to work as a public lawyer voluntarily or at the request of the
managing agency that implements the pilot program;
c)
He/she provides legal services to clients outside the state sector;
d)
He/she falls under other cases prescribed in the Law on Lawyers that are not
contrary to this Resolution.
dd)
Upon the expiration of the pilot implementation period of the public lawyer
institution under this Resolution where the National Assembly decides not to
continue implementing the public lawyer institution, except for the case
prescribed in Clause 2 Article 12 of this Resolution.
4.
The Government shall provide for the procedures for issuance, re-issuance, and
revocation of lawyer practicing certificates of public lawyers.
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1.
Public lawyers shall perform legal tasks within the state sector under the
pilot-implementing agencies prescribed in Clause 2 Article 1 of this
Resolution, including:
a)
Provide advice, represent, participate in legal proceedings, and resolve
domestic and international lawsuits and disputes regarding investment,
commerce, public international law, private international law, administrative
matters, and civil matters; and participate in the process of civil and
administrative judgment execution in accordance with the law;
b)
Provide legal advice in the process of formulation and implementation of
socio-economic projects;
c)
Provide advice and participate in the resolution of complex and prolonged
complaints and denunciation;
d)
Other legal tasks.
2.
The scope of work of public lawyers does not include legal aid provision
prescribed in the Law on Legal Aid and shall not overlap with the activities of
the legal departments of agencies and organizations.
3.
Public lawyers shall perform the work prescribed in Clause 1 of this Article and
the duties of cadres, public servants, public employees, officers of the
People's Army, officers of the People's Public Security, and employees working
in state-owned enterprises in accordance with the law.
The
heads of agencies and organizations employing cadres, public servants, public
employees, officers of the People's Army, officers of the People's Public
Security, and employees working in state-owned enterprises who are public
lawyers shall arrange and assign work to ensure that public lawyers complete
both the work prescribed in Clause 1 of this Article and their duties as
cadres, public servants, public employees, officers of the People's Army,
officers of the People's Public Security, and employees working in state-owned
enterprises.
Article 8. Rights and obligations of public lawyers
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a)
Exercise the rights of cadres, public servants, public employees, officers of
the People's Army, officers of the People's Public Security, and employees
working in state-owned enterprises; receive salaries, specific regimes, and the
rights of public lawyers in accordance with this Resolution, the Law on
Lawyers, the Charter of the Vietnam Bar Federation, and other relevant
provisions of law which are not contrary to this Resolution;
b)
Cooperate with other lawyers to participate in legal proceedings or to protect
the rights and interests of the State under the assignment of the public
lawyer-employer;
c)
Request competent agencies, organizations, and individuals to permit the
duplication of or to provide documents and evidence under their management
related to the resolution of cases in order to serve the work of public lawyers
in accordance with the law;
d)
When participating in legal proceedings and resolving legal tasks within the
state sector, public lawyers shall have the rights of a lawyer in accordance
with the law;
dd)
Reserve their opinions and refuse to execute unlawful directions;
e)
Be exempted from liability where they have fully complied with the relevant
procedures and regulations, did not engage in self-seeking acts during the
performance of their duties, but damage
occurred due to objective reasons;
g)
Receive commendation upon excellent performance in protecting the rights and
interests of the State or for achievements in professional activities;
h)
Other rights in accordance with the law.
2.
Public lawyers shall have the following obligations:
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b)
Participate in training programs on public lawyers as prescribed by the
Government;
c)
Participate in the socio-professional organization of lawyers and be issued a
lawyer practicing certificate in accordance with regulations;
d)
Perform the legal tasks arranged or assigned by the public lawyer-employer
within the state sector.
dd)
Adopt lawful measures to protect the rights and interests of the State in
accordance with the law;
e)
Be honest and objective when protecting the rights and interests of the State;
g)
Only perform legal tasks within the state sector;
h)
Keep the confidentiality of information and documents related to assigned cases
or legal tasks;
i)
Report to the public lawyer-employer on the handling process of the assigned
cases;
k)
Other obligations in accordance with the law.
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1.
Agencies and organizations that wish to utilize public lawyers to perform the
tasks prescribed in Clause 1 Article 7 of this Resolution shall assign public
lawyers to work at their respective agencies and organizations to protect the
rights and interests of the State.
Agencies
and organizations within the pilot scope prescribed in this Resolution that
wish to utilize public lawyers from another agency or organization shall submit
a written request to the public lawyer-employing agency or organization to
assign or introduce the public lawyers; the head of the requested agency or
organization may assign or refuse to assign public lawyers.
2.
Where a complex legal case occurs that the team of public lawyers is not
capable of handling, the pilot-implementing agency shall select and sign a
legal service contract with a law-practicing organization in accordance with
the procurement law on contractor selection in special cases to cooperate with
public lawyers in resolving such case.
3.
The Government shall elaborate this Article.
Article 10. Regimes and policies applicable to public
lawyers
1.
In addition to the salary regime prescribed by law, public lawyers shall be
entitled to monthly allowances and other regimes and policies similar to those
applicable to cadres, public employees, and officers of the armed forces
holding positions in law-making and legal departments as prescribed in
Resolution No. 197/2025/QH15 of the National Assembly on special mechanisms and
policies creating breakthroughs in the formulation and enforcement of laws. In
cases where a public lawyer is eligible for multiple monthly allowance
policies, only the highest policy shall apply.
2.
Public lawyers, when participating in the resolution of legal cases, shall be
entitled to case-based allowances. The allowance rate for 01 working session
shall be 0.5 times the base salary.
3.
The monthly allowances and case-based allowances prescribed in Clauses 1 and 2
of this Article shall not be used to calculate social insurance contributions
and benefits. Income from the work of public lawyers under this Resolution
shall be exempted from personal income tax and other financial obligations
towards the State.
4.
Public lawyers shall have their fees related to joining and maintaining
membership in the socio-professional organization of lawyers paid by the State,
and shall be provided with working equipment and facilities to perform their
assigned tasks.
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Article 11. Implementation
1.
Based on the actual needs of utilizing public lawyers, the agencies
prescribed in Clause 2 Article 1 of this Resolution shall apply the provisions
of law on attracting and employing talents to recruit experienced lawyers,
experts, scientists, and jurists to work at their agencies according to job
positions and to perform public lawyer duties.
2.
The Government shall promulgate policies and laws to implement this Resolution
within its competence; and direct relevant Ministries, central authorities, and
local authorities to guide, organize the implementation, and review the
implementation of this Resolution within the scope of their tasks and powers.
3.
The Standing Committee of the National Assembly, the Committee on Ethnic
Minority Affairs, the Committees of the National Assembly, the National
Assembly Delegations, National Assembly delegates, People's Councils at all
levels, the Vietnam Fatherland Front and its member organizations shall
supervise the implementation of this Resolution within the scope of their tasks
and powers.
Article 12. Implementing clauses
1.
This Resolution comes into force from October 01, 2026 and shall be implemented
until the end of September 30, 2028.
2.
From the expiry date of this Resolution, if a case handled by a public lawyer
has not concluded, it shall continue to be processed until its conclusion. When
handling the case, the public lawyer shall have the rights and obligations and
be entitled to the regimes and policies prescribed in this Resolution.
3.
In cases where there are different provisions on the same issue between this
Resolution and other legislative documents, this Resolution shall prevail.
This Resolution was ratified in the 1st National
Assembly’s session by the 16th National Assembly of the
Socialist Republic of Vietnam on April 24, 2026.
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PRESIDENT OF THE NATIONAL
ASSEMBLY
Tran Thanh Man