GOVERNMENT ATTORNEY: THE MISSING PIECE OF VIETNAM’S JUDICIAL SYSTEM?

Resolution No. 24/2026/QH16 on the pilot implementation of the Government Attorney regime was adopted by the National Assembly on 24 April 2026. For the first time, Vietnam has established a separate legal framework for lawyers working in the goverment sector to participate in protecting the lawful rights and interests of the State, state agencies, organizations within the political system, and state-owned enterprises.

The pilot implementation of the Government Attorney regime will be carried out over a period of 02 years, from 01 October 2026 to 30 September 2028. The pilot will be conducted in eight ministries: the Ministry of National Defence, 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 in the People’s Committees of ten provinces and centrally governed cities: Hanoi, Ho Chi Minh City, Da Nang, Hai Phong, Can Tho, Dong Nai, Bac Ninh, Quang Ninh, Khanh Hoa, and Lam Dong.

The National Assembly’s adoption of the pilot Government Attorney regime is a noteworthy step in the process of judicial reform and national governance. This is not merely the addition of a new professional title, but the pilot implementation of a new legal model developed in response to practical needs.

According to statistics from the Ministry of Justice, during the 2020–2024 period, the pressure of resolving administrative lawsuits has continued to increase, while the average case resolution rate reached only 52.53%, accompanied by a persistently high rate of court judgments annulling administrative decisions in whole or in part. Meanwhile, the Government, state agencies, and state-owned enterprises are facing numerous legal risks relating to investment and commercial activities involving foreign elements, as well as administrative and land-related matters. This situation gives rise to an urgent need to establish a professional and highly specialized legal advisory force within the goverment sector.

Pursuant to Clause 1, Article 2 of Resolution No. 24/2026/QH16, a government attorney is a person working in the government sector or the state-owned enterprise sector, including officials, civil servants, state officers, officers of the Vietnam People’s Army, officers of the People’s Public Security Force, and employees of state-owned enterprises, provided that they satisfy the prescribed conditions and standards. Government attorneys must possess strong political integrity, high professional ethics, honesty, and satisfy all conditions for being granted a Lawyer Practising Certificate in accordance with the Law on Lawyers. In addition, the selected individual must have at least 05 years of experience working in the legal field or experience in litigation, legal consultancy, or the handling of legal matters.

Government attorneys shall perform legal work within state agencies participating in the pilot program, including: providing legal advice, acting as representatives, participating in legal proceedings, handling domestic and international lawsuits and disputes relating to investment, commerce, public international law, private international law, administrative matters and civil matters; participating in the enforcement of civil judgments and administrative judgments in accordance with law; providing legal advice during the formulation and implementation of socio-economic development projects; advising on and participating in the resolution of complicated and prolonged complaints and denunciations; and performing other legal work.

In essence, the pilot implementation of the government attorney regime is an inevitable trend in the context of global integration, contributing to strengthening the protection of the lawful rights and interests of state agencies, organizations within the political system, as well as the State’s interests in state-owned enterprises, thereby contributing to the objectives of judicial reform and the streamlining of the state apparatus. However, in order for this model to operate effectively in practice, it is necessary to promptly address several practical issues, including completing the system of implementing regulations, clearly defining the functional boundaries between government attorneys, ministerial and sectoral legal departments, and legal aid providers, while ensuring professional independence in legal reasoning and establishing a scientific set of criteria for evaluating the effectiveness of the pilot implementation.

Effective Date:  October 1, 2026