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During his inaugural speech on April 6, National Assembly Chairman Trần Thanh Mẫn affirmed that the 16th National Assembly is a vivid embodiment of the socialist rule-of-law state. [1]

Ironically, within this “vivid embodiment,” the legal profession—comprising those who regularly work to defend the law—has been largely pushed out of the legislative chamber.

The standing of lawyers continues to narrow outside the chamber as well, exacerbated by the issuance of new government decrees. In certain cases, commune-level chairpersons even suspend lawyers' professional activities.

Furthermore, in courtrooms—their primary arena of practice—judges rarely debate legal opinions on an equal footing or fully reflect them in final judgments.

Where, then, does the position of lawyers stand in the so-called “era of national rise”? These recent developments paint a sobering picture for a profession traditionally described as the “guardian” of justice.

Lawyers Pushed Out of the Legislature

For the first time since the establishment of the Vietnam Bar Federation on May 12, 2009, the National Assembly is entirely without lawyers . In the 16th National Assembly (2026–2031), not a single legal professional holds a seat; three officially nominated candidates—Nguyễn Hải Nam, Hà Hải, and Trần Hữu Hậu—failed to be elected. [2]

This situation is a sharp departure from previous terms, where figures such as Nguyễn Đăng Trừng (12th term), Trương Trọng Nghĩa (12th, 14th, and 15th terms), and current Vietnam Bar Federation President Đỗ Ngọc Thịnh (15th term) provided strong, candid, and professionally grounded voices tied to real-life issues.

While leaders of the Communist Party and the state continually emphasize the goal of building a rule-of-law state, the complete absence of lawyers from the primary legislative body is a paradox difficult to explain.

It suggests that critical voices equipped with legal expertise are no longer valued. Alternatively, their frank contributions may have become unwelcome to those in power, considered potential obstructions to amending the Constitution and laws for a new phase described as the “era of national rise.”

Furthermore, the current marginalization of lawyers stands in contrast to the early revolutionary period of the Communist Party of Vietnam. During that time, prominent legal minds such as Nguyễn Hữu Thọ, Phạm Văn Bạch, Vũ Đình Hòe, Phan Anh, and Vũ Trọng Khánh held crucial roles in the National Assembly and the government.

After more than 80 years of building a socialist state, it is telling that the status of legal professionals has diminished so significantly within an institution defined by the rule of law.

Local Revocation of Law Licenses

Beyond their exclusion from the legislature, lawyers face direct regulatory changes that threaten their daily practice.

Decree 109/2026/NĐ-CP , effective May 18, authorizes commune-level People’s Committee chairpersons to impose administrative sanctions. These include fines of up to 15 million đồng in administrative justice, marriage, and family matters and up to 25 million đồng in judicial support services. [3]

These local leaders are also empowered to suspend operations for a fixed period or completely revoke a lawyer's practice certificate.

This dynamic places legal professionals in a precarious position. They are tasked with defending the lawful rights of their clients—which frequently requires direct confrontation with local authorities—while operating under the constant threat of being sanctioned or suspended by those exact officials. [4]

The legal profession has faced similar predicaments before. Previously, Decree 121/2025/NĐ-CP granted provincial-level People’s Committee chairpersons the authority to issue, revoke, and manage lawyers’ practice certificates. [5]

Introduced under the guise of decentralization during a government-termed period of “restructuring the system,” the decree contradicts the Law on Lawyers, which reserves such authority for the Ministry of Justice.

Furthermore, it creates severe practical barriers for lawyers handling administrative cases against provincial authorities.

Although Decree 121 is a temporary measure—effective only until the end of February 2027 or until a revised Law on Lawyers is enacted—it has faced intense opposition from legal professionals since its inception.

It appears that a subordinate government document is preemptively dictating the direction of laws that the National Assembly enacts.

Speaking to the Thanh Niên newspaper, Nguyễn Văn Hậu, a Standing Committee member of the Vietnam Bar Federation, indirectly acknowledged this trend. He noted that by 2027, several laws, including the Law on Lawyers, the Law on Commercial Arbitration, and the Law on Bailiffs, are slated for issuance or amendment. [6]

As a result, Decree 121 functions as a pilot program for transferring authority to local levels, utilizing a “learn by doing” approach ahead of formal legislative changes.

What Are Lawyers Doing Now?

Amid a wave of unfavorable regulatory changes, the Vietnam Bar Federation has proposed a new requirement: all lawyers must wear robes when appearing in court. [7]

The regulation of lawyers’ attire is presented as a measure to enhance the profession’s image and quality, increasing recognizability, reinforcing courtroom decorum, and affirming lawyers’ equal standing during proceedings.

The proposal immediately sparked controversy regarding the profession’s image, recognizability, solemnity, and equality during proceedings.

Supporters say that robes will make the atmosphere more serious and show that the legal profession is important. Opponents counter that such a requirement is inconvenient, costly, and entirely unsuitable for Việt Nam’s climate, noting that traditional suit attire already provides sufficient professionalism.

More importantly, many legal practitioners contend that true status does not stem from a garment but from whether their arguments are genuinely heard and weighed by the judiciary.

The reality of current courtroom practice makes this debate feel painfully superficial. Lawyers frequently report that judges routinely ignore their defense arguments—even when those arguments are rigorously grounded in legal provisions—and omit them from final judgments.

When these arguments are rejected, the court usually provides unclear or unconvincing explanations, often dismissing them with a boilerplate phrase stating they “have no basis for acceptance.”

This stems from an ongoing systemic issue: judges typically rely not on live courtroom proceedings but on the prosecution’s indictment, which is itself based on police investigation conclusions. This practice will always lead to “pre-determined verdicts.”

As a result, lawyers' significant time and effort in presenting evidence and clarifying facts become practically useless. Judgments are frequently copied directly from indictments, with only sentencing appended, leaving both defendants and defense teams wholly unconvinced. It leads some lawyers to bitterly conclude that their role is nothing more than acting in a procedural “theater.”

If the voice of the legal profession is systematically excluded from the legislature and entirely ignored in the courtroom, one must ask: can a robe genuinely elevate their status, or is it simply a costume to complete the performance?

Lê Thanh wrote this article in Vietnamese and published it in Luật Khoa Magazine on April 17, 2026. Đàm Vĩnh Hằng translated it into English for The Vietnamese Magazine.

References: +

1. CHUNG, T., LONG, T., & AN, N. (2026, April 6). National Assembly Chairman Trần Thanh Mẫn is re-elected . TUOI TRE Online; tuoitre.vn. https://tuoitre.vn/chu-tich-quoc-hoi-tran-thanh-man-tai-dac-cu-20260405151513032.htm

2. Đan Thanh. (2026, April 10). The Absence of Lawyers in Việt Nam’s 16th National Assembly . The Vietnamese Magazine. https://thevietnamese.org/2026/04/the-absence-of-lawyers-in-viet-nams-16th-national-assembly/

3. Lê Sáng. (2026, April 13). Việt Nam’s Decree 109 Sparks Outrage: Commune Chiefs Granted Power to Revoke Law Licenses . The Vietnamese Magazine. https://thevietnamese.org/2026/04/viet-nams-decree-109-sparks-outrage-commune-chiefs-granted-power-to-revoke-law-licenses/

4. Trường An. (2026, April 15). Amid the debate over court robes, lawyers in Việt Nam face new pressures from local authorities. The Vietnamese Magazine. https://thevietnamese.org/2026/04/amid-the-debate-over-court-robes-lawyers-in-viet-nam-face-new-pressures-from-local-authorities/

5. Signed by: Government Electronic Information Portal. (n.d.). https://datafiles.chinhphu.vn/cpp/files/vbpq/2025/6/121cp.signed.pdf

6. Phan Thương. (2025, June 13). Understanding the proper scope of delegating authority to provincial People’s Committee chairpersons to “manage” lawyers. Báo Thanh Niên; https://thanhnien.vn . https://thanhnien.vn/hieu-dung-ve-phan-quyen-cho-chu-tich-ubnd-cap-tinh-quan-ly-luat-su-185250613095549088.htm

7. MAI, T. (2026, April 9). Proposal to introduce courtroom robes to elevate the status of lawyers . TUOI TRE Online; tuoitre.vn. https://tuoitre.vn/de-xuat-mac-ao-choang-tai-phien-toa-de-nang-cao-vi-the-luat-su-20260409092731917.htm