Become a Member for $9.99/month

“If you want to become a public defender, do not choose this profession for money, because the income is hardly worth mentioning. Do not choose it for prestige, because you will not have it. And do not choose it for the glory of victory, because that is rare. […]

This is difficult work. The law is often not on your side. The truth is often against you. Judges often turn their backs on you. Sometimes even your clients turn against you.”

Carol A. Brook, deputy director of the Federal Defender Program for the Northern District of Illinois in the US, used these words to describe the grueling reality of the profession—a quote later adopted by Harvard Law School to introduce the concept of public defense. [1]

Indeed, public defenders worldwide are part of a notoriously difficult profession, facing pressure from all sides to protect vulnerable individuals.

Public defenders in Việt Nam, however, appear to operate in the opposite direction.

Under the direction of Resolution No. 66/2025 from the Central Committee of the Communist Party, the Ministry of Justice has accelerated the drafting of a National Assembly resolution to pilot a public defender institution since late 2025. [2] [3]

The 16th National Assembly formally passed this draft on the morning of April 24 during its first session. [4]

As a result, Việt Nam will pilot the public defender system from Oct. 1, 2026, to Sept. 30, 2028, across eight ministries and sectors, as well as 10 major localities.

While the draft is approved and the legislative roadmap is clear, many of the regulations governing the Vietnamese model seem to contradict the established standards and core values of this institution globally.

Public Defenders as Lawyers for the State

The primary purpose of establishing a public defender system in Việt Nam is to “protect the lawful rights and interests of the State,” a mandate that is repeatedly emphasized in the draft resolution for the pilot program. [5]

To enforce this, Article 4 of the draft prohibits public defenders from providing legal services to anyone outside the state sector.

Instead, competent authorities will certify these individuals to defend state agencies, state-owned enterprises, and political organizations in both domestic and international disputes.

Furthermore, this newly formed legal corps will handle internal legal work and advise on socio-economic projects.

Việt Nam’s public defenders will act as lawyers for the government, established to bolster state legal capacity; they will serve as the opposing counsel against citizens in administrative lawsuits and denunciation cases.

This model stands in contrast to global norms, where public defenders are universally recognized as advocates for citizens, particularly for vulnerable populations.

Internationally, these systems were developed specifically to guarantee the right to legal defense for the impoverished.

In the US , for instance, public defenders represent criminal defendants unable to afford private attorneys, an institution rooted in the Sixth Amendment to the United States Constitution, guaranteeing the right to legal counsel. [6] [7]

Similarly, in Brazil , the system was created to provide legal assistance to the poor and vulnerable demographics, including women, children, and the elderly. [8] In South Korea , the Korea Legal Aid Corporation ( KLAC ) operates on the same principle, assisting foreign residents and individuals in difficult financial circumstances. [9] [10]

The contradiction is therefore glaring: while public defenders in many other countries are designed to “stand with citizens against the state,” the institution in Việt Nam is designed explicitly to “stand with the state.” [11]

Player and Referee

Globally, public defender systems are designed as independent institutions in all judicial matters, regardless of whether they are state-funded. In these systems, a public defender must operate independently from other branches of power; it is impossible for an individual to serve as a defender while simultaneously belonging to an apparatus that influences judicial proceedings.

In Brazil, for example, Article 134 of the 1988 Constitution formally recognizes the Defensoria Pública as an independent judicial institution dedicated to defending vulnerable groups. [12]

The US operates on the same principle, establishing public defender offices at both the federal and state levels. [13] While these defenders may be civil servants, they strictly perform one role, ensuring no overlap between defending rights and exercising state power.

By contrast, Việt Nam’s model creates a severe risk of “playing and refereeing at the same time.” Clause 1, Article 12 of the draft explicitly allows public defenders to hold dual roles, sparking a profound conflict of interest. [14]

These individuals will receive the salaries and rights of public defenders while retaining all the powers of cadres, civil servants, police officers, military officers, or state-owned enterprise officials. This creates an awkward situation where a courtroom advocate could simultaneously be the superior of the presiding judge, prosecutor, or investigator. [15]

When public defenders represent the state against citizens while they maintain professional ties with judicial actors, they eliminate institutional independence. Citizens are already at a disadvantage in administrative lawsuits against state agencies. Introducing public defenders who belong to the exact same power structure as the courts and investigative agencies heavily tilts the balance in favor of the state.

Furthermore, allowing state and military officials to act as public defenders creates an immediate imbalance of status. In disputes where a public defender competes against a private lawyer, the lawyer affiliated with the state holds overwhelming advantages, including superior rank, administrative connections, access to internal information, and the institutional authority of their parent agencies.

Beyond contradicting international norms, this model directly violates Việt Nam’s own Law on Lawyers . Under Clause 4, Article 17 of the current law, the law prohibits granting a lawyer’s certificate to active cadres, civil servants, military officers, or police officers. [16]

Furthermore, Article 18 dictates that if a practicing lawyer is appointed to one of these positions, their certificate must be revoked.

Tellingly, a legislative chamber passed these deeply unusual provisions, and lawyers were notably absent . [17] [18]

Trường An wrote this article in Vietnamese and published it in Luật Khoa Magazine on May 5, 2026. Đàm Vĩnh Hằng translated it into English for The Vietnamese Magazine.

References: +

1. Careers in Indigent Defense: A Guide to Public Defender Programs – Harvard Law School . (2024, January 31). Harvard Law School. https://hls.harvard.edu/bernard-koteen-office-of-public-interest-advising/opia-job-search-toolkit/career-and-application-guides/careers-in-indigent-defense-a-guide-to-public-defender-programs/

2. Lê, S. (2025, December 2). The Ministry of Justice proposes piloting a public lawyer mechanism to protect state agencies. Luật Khoa Magazine. https://vn.luatkhoa.com/2025/12/bo-tu-phap-de-xuat-thi-diem-che-dinh-luat-su-cong-de-bao-ve-cac-co-quan-nha-nuoc/

3. The Political Bureau of the Communist Party of Việt Nam. (2025, April 30). Resolution No. 66-NQ/TW on innovating law-making and law enforcement to meet the requirements of national development in the new era . THƯ VIỆN PHÁP LUẬT. https://thuvienphapluat.vn/van-ban/EN/Bo-may-hanh-chinh/Resolution-66-NQ-TW-2025-innovating-law-making-in-response-to-the-Vietnam-s-development/656374/tieng-anh.aspx

4. Nhóm Phóng Viên. (2026, April 24). From October 1, Việt Nam officially has public lawyers. Pháp Luật TP. Hồ Chí Minh. https://plo.vn/tu-1-10-viet-nam-chinh-thuc-co-luat-su-cong-post905683.html

5. See: https://cdn.thuvienphapluat.vn/uploads/tintuc/2026/03/30/2.%20Ngh%E1%BB%8B%20quy%E1%BA%BFt.pdf

6. Sneha Tete. (2025, December 7). Understanding Public Defenders in Every State . WayToLegal. https://www.waytolegal.com/legal-help-guides/understanding-public-defenders-by-state/?sem_campaign=PMAXWLWEBSITE_USA

7. Congress.Gov. (n.d.). U.S. Constitution – Sixth Amendment | Resources | Constitution Annotated | Congress.gov | Library of Congress . Constitution.Congress.Gov. https://constitution.congress.gov/constitution/amendment-6/

8. Defensoria Pública – Portal CNJ . (2025, December). Portal CNJ. https://www.cnj.jus.br/poder-judiciario/defensoria-publica/

9. 대한법률구조공단 . (2020). Klac.Or.Kr. https://www.klac.or.kr/lang/?language=en

10. Country-Level Memorandum: South Korea Provision of Legal Aid for Asylum-Seekers, Refugees, and Others Forcibly Displaced in Asia . (n.d.). https://www.pilnet.org/wp-content/uploads/2022/11/Legal-Aid-Memo-SOUTH-KOREA.pdf

11. See: https://tgpl.moj.gov.vn/Pages/hoi-nhap-phat-trien.aspx?ItemID=161&l=Kinhnghiemquocte

12. Portal da Câmara dos Deputados . (2026). Camara.Leg.Br. https://www2.camara.leg.br/legin/fed/consti/1988/constituicao-1988-5-outubro-1988-322142-publicacaooriginal-1-pl.html

13. Sneha Tete. (2025, December 7). Understanding Public Defenders in Every State . WayToLegal. https://www.waytolegal.com/legal-help-guides/understanding-public-defenders-by-state/?sem_campaign=PMAXWLWEBSITE_USA

14. See: https://cdn.thuvienphapluat.vn/uploads/tintuc/2026/03/30/2.%20Ngh%E1%BB%8B%20quy%E1%BA%BFt.pdf

15. Nhóm Phóng Viên. (2026, April 22). Situations may arise in which public lawyers are the superiors of judges, prosecutors, and investigators. Pháp Luật TP. Hồ Chí Minh. https://plo.vn/co-the-phat-sinh-tinh-huong-luat-su-cong-la-sep-cua-tham-phan-kiem-sat-vien-dieu-tra-vien-post905415.html

16. National Assembly of Việt Nam. (2012, November 20). Law No. 20/2012/QH13 amending and supplementing a number of articles of the Law on Lawyers . THƯ VIỆN PHÁP LUẬT. https://thuvienphapluat.vn/van-ban/EN/Dich-vu-phap-ly/Law-No-20-2012-QH13-amending-and-supplementing-a-number-of-articles-of-the-Law/153144/tieng-anh.aspx

17. Nhóm Phóng Viên. (2026, April 24). From October 1, Việt Nam officially has public lawyers. Pháp Luật TP. Hồ Chí Minh. https://plo.vn/tu-1-10-viet-nam-chinh-thuc-co-luat-su-cong-post905683.html

18. 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/