Article by Lawyer Nguyen Thi Ngoc Anh – Managing Partner of ATA Global Law Firm, on the occasion of the 81st Anniversary of the Traditional Day of Vietnamese Lawyers, 10 October 2026.
10 October each year is an occasion for legal practitioners to reflect on the development of the legal profession, the values that the profession contributes to society, and the new requirements facing the legal community as Viet Nam continues to strengthen the rule of law, reform its institutions, and deepen international integration.
In 2026, the establishment of the public-sector lawyer regime under Resolution No. 24/2026/QH16 dated 24 April 2026 of the National Assembly (“Resolution 24”), as guided by Government Decree No. 364/2026/ND-CP dated 21 September 2026 (“Decree 364”), opens a new direction for the organization and provision of legal services within the public sector.
The emergence of this model also raises issues of particular interest to the legal profession: How do public-sector lawyers differ from private-practice lawyers? How can the two models coexist, coordinate, and complement each other? And how will the emergence of public-sector lawyers affect the legal profession and the legal services market?
On the occasion of the 81st Anniversary of the Traditional Day of Vietnamese Lawyers, from the perspective of a legal practice organization, ATA Global Law Firm presents this feature not merely to discuss a new legal regime, but also to open a broader discussion on the position, role, and development of the legal profession in the new context.
1. Public-Sector Lawyers: A New Legal Regime, Not Simply Lawyers Working for State Agencies
Pursuant to Clause 1, Article 2 of Resolution 24, a public-sector lawyer is a cadre, civil servant, public employee, officer of the Viet Nam People's Army, officer of the People's Public Security Forces, or person working at a state-owned enterprise falling within the scope of Resolution 24, who is granted a Lawyer Practising Certificate to perform legal work for the purpose of protecting the lawful rights and interests of state agencies, organizations within the political system, and state-owned enterprises.
From this definition, three important characteristics of public-sector lawyers can be identified.
First, a public-sector lawyer must be associated with a position of employment falling within the categories specified by Resolution 24. Unlike private-practice lawyers, who may choose a legal practice organization and develop their professional activities in response to market demand, public-sector lawyers must belong to one of the groups of persons specified at Point a, Clause 1, Article 5 of Resolution 24. Accordingly, a private-practice lawyer cannot simply register for or request a change of status to become a public-sector lawyer. The individual must satisfy the eligibility requirements, standards, and procedures applicable to this regime.
Second, public-sector lawyers perform legal work to protect the lawful rights and interests of the State and entities within the public sector. The scope of work under Article 7 of Resolution 24 is broad, including legal advice, representation, participation in legal proceedings, and the resolution of domestic and international disputes relating to investment, commerce, public international law, private international law, administrative and civil matters; participation in civil and administrative enforcement; provision of legal advice on socio-economic projects; participation in the resolution of complex and prolonged complaints and denunciations; and other legal work. These tasks may require a high level of professional expertise, experience in litigation and legal advisory work, and the ability to handle complex legal issues, particularly in high-value matters, matters with broad impacts, or matters involving foreign elements.
Third, public-sector lawyers do not replace legal departments in their entirety and may not be used as lawyers providing services to clients outside the State sector. Resolution 24 provides that the scope of work of public-sector lawyers does not include legal aid activities under the Law on Legal Aid and does not overlap with the legal affairs functions of agencies and organizations. It also prohibits public-sector lawyers from providing legal services to clients outside the State sector. Accordingly, the public-sector lawyer regime is designed to strengthen the legal capacity of the State sector, rather than to expand the scope of private legal practice for persons working within agencies and organizations in that sector.
2. Can Cadres, Civil Servants and Public Employees Simultaneously Be Public-Sector Lawyers?
In practice, this is one of the core characteristics of the public-sector lawyer model. Under Resolution 24, a person seeking to become a public-sector lawyer must be a cadre, civil servant, public employee, officer of the Viet Nam People's Army, officer of the People's Public Security Forces, or a person working at a state-owned enterprise.
Notably, Resolution 24 provides that public-sector lawyers perform legal work under this regime concurrently with performing the duties of cadres, civil servants, public employees, officers, or persons working at state-owned enterprises in accordance with the law. This provision demonstrates that public-sector lawyers are not necessarily required to leave their existing positions and transition to an independent profession in the same manner as private-practice lawyers. They may continue to perform their duties associated with their existing positions while simultaneously undertaking specialized legal work in their capacity as public-sector lawyers.
However, the concurrent performance of these two groups of duties does not mean that the employing agency may assign work to public-sector lawyers at its discretion. The head of the relevant agency or organization is responsible for arranging and assigning work in a manner that enables public-sector lawyers to fulfill both their legal duties and the duties associated with their positions. This is an important organizational and human-resource requirement because, without an appropriate allocation mechanism, public-sector lawyers may exist only in name or become overloaded with routine administrative tasks, leaving them without sufficient time and resources to handle complex legal matters.
Another point to note is that not every cadre, civil servant, or public employee automatically qualifies to become a public-sector lawyer. To become a public-sector lawyer, these persons must satisfy requirements concerning political qualifications, professional ethics, lawyer standards, and at least five years of regular and direct experience in the legal field, or experience in litigation, legal advisory work, or the resolution of complex legal matters as prescribed by law.
In addition, persons who are ineligible to be granted a Lawyer Practising Certificate are likewise ineligible to become public-sector lawyers. These include judges, procurators, investigators, court examiners, procuracy inspectors, and civil judgment enforcement officers, as well as other cases specified under the applicable Law on Lawyers.
3. Can Public-Sector Lawyers Simultaneously Practise as Private-Practice Lawyers?
Resolution 24 not only identifies the persons eligible to become public-sector lawyers but also establishes specific limitations on their professional activities. Accordingly, public-sector lawyers are strictly prohibited from providing legal services to clients outside the State sector and may only perform legal work within the State sector.
At the same time, in terms of professional status, public-sector lawyers are still granted a Lawyer Practising Certificate, may participate in lawyers' socio-professional organizations, and may be issued a Lawyer's Card in accordance with the law. In the event of a violation, a public-sector lawyer's Lawyer Practising Certificate may be revoked.
4. Can a Private-Practice Lawyer Become a Public-Sector Lawyer?
Resolution 24 does not limit the formation of the public-sector lawyer corps solely to persons who have previously worked in legal affairs departments of state agencies. Clause 1, Article 11 of Resolution 24 provides that agencies falling within the pilot scheme may adopt policies to attract and utilize talented individuals in order to recruit lawyers, experts, scientists, and legal professionals with experience to work in designated positions and perform public-sector lawyer duties.
This provision opens the possibility of attracting individuals with professional expertise and legal experience from the private sector into the State sector, including lawyers currently practising at legal practice organizations.
However, in order to become a public-sector lawyer, a private-practice lawyer must simultaneously satisfy the eligibility, qualification, and procedural requirements under Resolution 24 and Decree 364. A private-practice lawyer may be recruited to an appropriate position within an agency or organization falling within the pilot scheme and, thereafter, may become a public-sector lawyer if the relevant conditions are satisfied and the prescribed procedures are completed. This is entirely different from a private-practice lawyer maintaining his or her existing independent practice while merely registering an additional title as a public-sector lawyer.
Decree 364 also establishes a noteworthy transitional mechanism: a person who is undergoing lawyer apprenticeship under the law on lawyers and who is recruited as a civil servant, public employee, officer, or employee of a state-owned enterprise to become a public-sector lawyer may have the period of apprenticeship already completed recognized and retained. The continuation of the apprenticeship and recognition of its results shall be carried out in accordance with Decree 364.
This provision demonstrates that the public-sector lawyer regime is not closed to individuals who have followed the conventional route of legal professional training. On the contrary, the law expressly provides for a transition mechanism between lawyer apprenticeship under the ordinary regime and the process of becoming a public-sector lawyer.
In particular, for lawyers with experience in investment, international trade, project disputes, finance, construction, or other specialized legal fields, this may constitute a new career development pathway if they wish to move into the State sector and satisfy the applicable requirements.
5. Can Private-Practice Lawyers Perform the Work of Public-Sector Lawyers?
Resolution 24 and Decree 364 continue to allow and provide opportunities for private-practice lawyers to participate in matters falling within the scope of public-sector lawyer activities. However, such participation is not intended to replace public-sector lawyers, but rather takes place through coordination mechanisms and the selection of legal practice organizations as prescribed by law.
Specifically, state agencies may select legal practice organizations to coordinate in resolving complex matters in cases such as: matters requiring specialized expertise that the public-sector lawyer corps does not yet possess; a number of complex matters requiring more lawyers than the public-sector lawyer corps can provide; matters relating to projects of national importance or projects having significant economic or social impacts; matters involving foreign elements falling under international jurisdiction; and other matters as decided by the agency in charge of resolving the matter.
Accordingly, the law does not establish a closed mechanism under which state agencies may only select public-sector lawyers to resolve all legal matters within the State sector. Instead, the pilot scheme clearly identifies circumstances in which state agencies may use legal services provided by private legal practice organizations to participate in the resolution of matters.
However, two principles should be clearly identified regarding the use of private-practice lawyers in State-related matters: (i) public-sector lawyers should continue to be given priority; and (ii) coordination with public-sector lawyers is required. Accordingly, this mechanism creates a model for cooperation between the internal legal capacity of the State sector and the professional resources available in the legal services market.
6. Will Public-Sector Lawyers Change the Legal Services Market?
The emergence of public-sector lawyers will undoubtedly raise issues of interest to legal practice organizations. However, it would be premature to conclude that this regime will inevitably narrow the market for private-practice lawyers. Nor should it automatically be assumed that it will create additional business opportunities for every law firm.
The actual impact will depend on how the pilot mechanism is implemented, the scope of work assigned to public-sector lawyers, and the capacity of state agencies to coordinate with legal practice organizations.
6.1. Part of the Demand for Legal Services May Be Handled Internally
When agencies and organizations falling within the pilot scheme have a sufficiently capable public-sector lawyer corps, certain legal matters that previously required external legal advice may be handled directly within the State sector. This may alter demand for lawyers in certain areas, particularly matters that fall within the competence of public-sector lawyers and within the scope of their assigned responsibilities.
However, it should not be inferred that all legal advisory services previously provided to state agencies will be transferred to public-sector lawyers. Resolution 24 limits the pilot scheme to eight ministries and ten provinces and centrally administered cities in Viet Nam, as listed in Clause 2, Article 1. In addition, the use of public-sector lawyers must be based on actual needs and the applicable mechanisms for work allocation and utilization.
Therefore, the impact on the market should be assessed on a service-by-service and client-by-client basis, rather than generalized into an overall trend before actual implementation data becomes available.
6.2. Demand for Legal Practice Organizations Remains Recognized Under the Pilot Scheme
An important point is that Resolution 24 does not eliminate the role of private-practice lawyers in the resolution of legal matters within the State sector. Where the public-sector lawyer corps is unable to meet the requirements of a complex matter, where specialized expertise or a larger number of lawyers is required, or where the matter involves a significant project or foreign elements, private-practice lawyers and private legal practice organizations may be selected to coordinate in resolving the matter.
Accordingly, for law firms and private-practice lawyers with strengths in investment disputes, international commercial disputes, construction, finance, mergers and acquisitions, or large-scale projects, this is a mechanism worth monitoring. Nevertheless, opportunities do not automatically arise merely because Resolution 24 has been issued. Legal practice organizations must continue to satisfy the professional requirements, selection procedures, and applicable legal conditions for each matter.
Accordingly, for law firms, the establishment and pilot implementation of the public-sector lawyer regime creates a need to view the market through a more specialized lens and to build genuine capabilities in areas where public-sector lawyers may not yet be able to fully meet demand, thereby making effective use of the advantages offered by this mechanism.
7. The Significance of the New Regime in the Context of the Legal Profession Today: Boundaries and Opportunities?
The establishment of the public-sector lawyer regime represents a significant change in the organization of legal activities within the State sector. However, if the issue is viewed solely from the perspective of whether public-sector lawyers compete with private-practice lawyers, we may overlook a broader question: How should legal resources be organized to best address the increasingly complex legal issues facing the State and society?
The State sector needs to strengthen its internal legal capacity in order to proactively prevent legal risks, improve the quality of decision-making, and protect its lawful rights and interests. The private sector, meanwhile, has legal practice organizations with accumulated specialized expertise, the ability to mobilize resources, and experience in resolving disputes across various fields, particularly matters involving foreign elements.
These two sources of legal capacity do not necessarily have to stand in opposition to each other. Where permitted by law and supported by an appropriate coordination mechanism, they can complement one another and work towards the common goal of improving the quality of legal work.
For legal practice organizations, the key is not to be concerned that a new legal regime will take away existing work, but rather to identify changes in the market, strengthen professional capabilities, and proactively adapt to new requirements. Ultimately, the position of a legal practice organization is determined not only by the areas and matters in which it is involved, but also by the quality of its services, its ability to handle matters effectively, and the practical value it delivers to clients.
On the Traditional Day of the legal profession, the discussion of public-sector and private-practice lawyers also provides an opportunity to reflect on the development of the profession from a broader perspective. Models of legal practice may differ; working environments, target clients, and scopes of work may not be identical. Nevertheless, regardless of the sector in which they practise, lawyers should continue to be recognized for their professional competence, ethical standards, sense of responsibility, and ability to protect legitimate values through the law.
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