In the context of deepening globalization and international integration, the role of a domestic legal team capable of advising and supporting the Government in addressing legal issues is becoming increasingly vital. To explore this matter further, Vietnam Law Newspaper interviewed Mr. Nguyen Hung Quang, Managing Partner of NHQuang&Associates, Vice President of the Vietnam Society of International Law (VSIL), and Chairman of the Vietnam International Commercial Mediation Center (VICMC).
Developing a Public Lawyer Mechanism That Meets the Needs of the State and Society
– Mr. Nguyen Hung Quang, many believe that Vietnam should establish a public lawyer corps and a legal framework to support its effective operation. What is your view? Is such a mechanism necessary in Vietnam?
Globally, the concept of “public lawyers” does not simply refer to those working in the public sector or civil servants performing legal functions. In many countries, a public lawyer system is maintained to handle specific tasks aligned with the professionalism of the legal profession.
Such tasks include: Legal aid for vulnerable groups in criminal and civil cases; Legal advice and representation for the Government, such as in administrative lawsuits or investor-State disputes; Advocacy for justice, for example, assisting citizens in lawsuits related to environmental protection, public safety, or discrimination; Participation in policymaking and drafting legislation; Monitoring legal compliance; Conducting legal education and awareness activities.
If Vietnam decides to establish a public lawyer system, the amended Law on Lawyers must clearly define the scope of activities of this group and address overlaps with existing laws such as the Law on Legal Aid, the Law on Legal Education and Dissemination, procedural laws, and other legal documents.
It’s also important to clarify whether these public lawyers will be fully employed by the State (as civil servants), or engaged on a contractual basis by public institutions depending on demand—i.e., public agencies acting as clients to these lawyers.
In reality, many Vietnamese lawyers already provide services similar to public lawyers in other countries, but they are not formally recognized as such. Their compensation is usually low—except for high-stakes cases like international investment disputes. Meanwhile, civil servants involved in such tasks often lack legal training, professional insurance, and guarantees of independence—while public institutions, as clients, receive services that lack professionalism, independence, or risk protection.
If the revised Law on Lawyers introduces a public lawyer system, this must be well-calculated and tailored to meet the needs of both the State and society.
As I’ve noted, if the State requires professional, independent, and accountable services, then establishing a public lawyer institution is necessary to train and maintain a competent team. This institutional framework could help clarify recruitment, training, responsibilities, and management of public lawyers.
Currently, similar functions are scattered across various legal instruments—such as legal aid under the Law on Legal Aid, dispute resolution under Prime Minister’s Decision No. 14/2020/QD-TTg and Decision No. 1364/QD-TTg, and legal advisory roles under the Decree on Legal Affairs in State Agencies.
Given the development of Vietnam’s legal system and social awareness, a unified public lawyer institution is needed—not only to ensure high-quality legal services but also to drive overall growth in the legal profession.
Public Lawyers Should Work Across Multiple Sectors
– What role do you think public lawyers should play in Vietnam’s international integration, and what mechanisms are needed to support their effectiveness?
The role of public lawyers in Vietnam’s integration context should be broad and multi-sectoral, as in other countries.
Firstly, public lawyers should be involved across sectors and fields to ensure balanced development of the legal profession. This will allow public agencies to build their own teams of public lawyers for specific tasks—especially in areas where there are no existing mechanisms for lawyer involvement, such as policymaking and legislative drafting.
Secondly, diverse service delivery models should be encouraged. Legal officers in ministries and government bodies act as in-house counsel, yet their roles are not well supported by legal regulations. Public agencies should also be able to enter into regular or project-based contracts with private lawyers who have specialized expertise—particularly in cases involving foreign elements.
To ensure effectiveness, several specific policies are needed.
Allow public institutions to recruit or contract lawyers and law firms with proven expertise, both on a long-term or case-by-case basis.
Define job titles, career tracks, and responsibilities for public lawyers working full-time in public institutions.
Set clear standards for recruitment, training, and continuing education—similar to current requirements for private lawyers.
Support long-term training programs for lawyers to advise the Government and ministries in international investment disputes.
Reform remuneration policies, including fees for court-appointed criminal defense lawyers, legal aid providers, and lawyers representing the State in international investment cases.
Ensure equal treatment of public and private lawyers under law, promoting development through healthy competition. To guarantee fairness, revisions may be needed in the Law on Lawyers, procedural laws, and the Law on Legal Aid.
Building a Public Lawyer Team That Meets International Standards
– How can Vietnam develop a public lawyer corps that meets international standards?
While there is no single set of international standards for public lawyers, instruments such as the UN International Covenant on Civil and Political Rights (ICCPR) and the UN Basic Principles on the Role of Lawyers lay out general criteria for the legal profession.
For lawyers representing the Government in international disputes, however, the requirements are high and specialized. These include: Knowledge of international treaties on investment and trade; Skills in international arbitration; Understanding of legal systems, customs, and cultures of other countries and regions.
To develop a team capable of meeting these requirements, several measures are necessary: Strengthen legal departments and in-house counsel teams within State agencies to prepare for and participate in investor-State dispute cases, in cooperation with domestic and international independent lawyers; Enable Vietnamese lawyers to represent the Government in international disputes and attend overseas legal conferences, workshops, and advanced courses in international investment law and dispute resolution; Offer formal legal education abroad for selected public lawyers; Provide internships for dispute resolution personnel at domestic and international law firms or global legal organizations; Invite international experts to teach at Vietnamese law schools and legal training institutions.
Thank you very much for your insights, Mr. Quang.
By Vietnam Law Newspaper, dated December 10, 2024.