Lawyers across Vietnam are voicing concern over a new government decree regulating the issuance and revocation of law practice licenses, with many taking to social media to publicly express their grievances.
Decree 121, issued on June 11, shifts the authority to grant, revoke, and renew law practice licenses from the Minister of Justice to provincial chairpersons — a move seen as part of a broader agenda to restructure Vietnam’s state apparatus. Government officials have not offered a direct explanation for the decree.
However, law professionals have raised alarms over the change, warning that it not only violates existing law but also hands sweeping powers to local leaders, raising concerns the authority could be abused to intimidate lawyers involved in cases against provincial governments.
Writing on his Facebook page, Ho Chi Minh City-based attorney Trinh Dinh Dung argued that Decree 121 violates existing legislation, specifically the 2006 Law on Lawyers, which stipulates that only the Minister of Justice has the authority to issue, revoke, and renew law practicing licenses. “As a matter of principle, a legal document issued by the National Assembly can only be amended by the National Assembly itself,” he wrote.
The ongoing session of the National Assembly is scheduled to conclude on June 30, but its agenda does not include any discussion on the Law on Lawyers.
With no indication that the existing law will be amended, attorney Trinh Dinh Dung concluded that the executive branch is showing “signs of power abuse.”
The most troubling aspect of the new rule, critics say, is that it grants the power to strip lawyers of their right to practice law to provincial leaders, who frequently face public opposition over local policies.
Dang Dinh Manh, a former attorney from Ho Chi Minh City who has given up practicing law in Vietnam due to government harassment, told RFA that local governments are frequently the target of legal challenges.
“Often, when the authorities issue documents related to land or housing confiscation, even a single affected area can prompt hundreds of households to file lawsuits,” he said.
Local communities typically hire lawyers from within the same province to represent their cases. With local leaders now holding the power to end legal careers, lawyers will be “intimidated into submission,” the former attorney warned.
This concern is echoed by lawyers in other parts of the country as well.
Speaking to RFA on condition of anonymity, a Hanoi-based lawyer cited a hypothetical case involving a city chairperson. “It will be easy for favoritism and fear to take hold, as the chairperson has the power to revoke lawyers’ practicing licenses at any time,” he warned.
The new rule is set to add an additional layer of deterrence for lawyers, supplementing existing regulations. Under current law, all practicing lawyers must be registered with a bar association, which operates under the oversight of government authorities.
In 2024, authorities in the southern province of Long An launched an investigation into three lawyers over their online commentary on a local legal case. The move prompted all three to flee the country, marking a turning point in the government’s approach to legal professionals involved in sensitive matters.
Speaking to RFA, Dang Dinh Manh, one of the three lawyers who fled Vietnam fearing government retribution, said the regime’s decision to grant provincial leaders the authority to revoke lawyers’ practicing licenses shows that it views legal professionals as a “target” to be “struggled against,” rather than as partners in upholding the rule of law.
Edited by Greg Barber