Amid the Debate Over Court Robes, Lawyers in Việt Nam Face New Pressures From Local Authorities

When lawyers know that the opposing party in a case holds the power to sign off on suspending their license, will they still dare to challenge and expose wrongdoing? And more broadly, how many would be willing to stand up for citizens in disputes against state authority?

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Lawyers in Việt Nam must now navigate the criterion of “firm political steadfastness,” which complicates entry into the profession, while also confronting the alarming ease with which they could lose their practicing certificates. 

While public debate fixates on whether lawyers should wear robes in court, the government has quietly advanced Decree 109/2026. Issued on April 1 and set to take effect on May 18, 2026, the decree grants commune-level People’s Committee chairpersons the authority to revoke practicing certificates.

Under Article 84 of the decree, commune chairpersons have the same powers as provincial chairpersons and can “revoke the right to use licenses, practicing certificates, professional registrations, legal consultant cards, notary cards, and legal aid collaborator cards.” 

This unprecedented expansion of administrative sanctions in Việt Nam contradicts the principle of the independence of attorneys. 

Furthermore, the decree significantly increases penalties compared to previous regulations; the maximum fine has risen from 3 million to 25 million đồng and covers all judicial support services, including lawyers, notaries, bailiffs, and judicial assessment.

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Notably, a commune-level official who lacks comparable legal expertise can invalidate a certificate earned through years of training. Technically, the official can disbar attorneys.

In June 2025, the government issued Decree 121/2025, transferring the authority to grant and revoke law licenses to provincial chairpersons—the authority traditionally held by the minister of justice. 

Now, the government has extended this authority to the commune level, even though Article 17 of the Law on Lawyers still stipulates that the minister of justice retains the authority to revoke lawyers’ practicing certificates. This progression oversteps the National Assembly and represents a step backward for judicial independence.

The core issue is a blatant conflict of interest. In Việt Nam, thousands of administrative cases are filed annually, predominantly regarding state land management, with People’s Committees and their chairpersons typically serving as defendants. If lawyers are beholden to these very administrative authorities, they cannot effectively defend citizens against the state. 

Hence, regulation of the legal profession must reside with judicial bodies or independent expert organizations like the Vietnam Bar Federation. Otherwise, no matter how dignified a lawyer’s robe looks, it cannot hide the ultimate professional dilemma: should they go ahead to defend the client or protect themselves?

Trường An wrote this article in Vietnamese and published it in Luật Khoa Magazine on April 15, 2026. Đàm Vĩnh Hằng translated it into English for The Vietnamese Magazine.