Details about piloting the public lawyer institution in 8 ministries and 10 provinces and cities from 1. 10

Public lawyers mainly protect the rights and interests of the State

According to Resolution No. 24/2026/QH16 of the National Assembly on piloting the implementation of the public lawyer institution, passed on April 24, 2026 and effective from October 1, 2026, public lawyers are cadres, civil servants, public employees, officers of the People's Army, officers of the People's Police or people working in state-owned enterprises who are granted a practicing lawyer certificate to perform legally effective tasks.

Notably, the goal of public lawyers is to protect the legitimate rights and interests of state agencies, agencies, organizations under the political system and state-owned enterprises according to regulations.

The pilot program is being implemented at the Ministry of National Defense, Ministry of Public Security, Ministry of Foreign Affairs, Ministry of Justice, Ministry of Finance, Ministry of Industry and Trade, Ministry of Agriculture and Environment, Ministry of Construction and People's Committees of 10 provinces and cities, including Ho Chi Minh City and Dong Nai. The pilot period is from October 1, 2026 to the end of September 30, 2028.

Thus, a citizen with civil, land, labor or criminal disputes cannot implicitly request a public lawyer appointed by the State to protect his rights.

Agencies and organizations are the subjects using public lawyers

According to Article 9, Resolution No. 24/2026/QH16, agencies and organizations that need to use public lawyers to carry out legal work will assign public lawyers to work at their agencies and organizations to protect the rights and interests of the State.

In case an agency or organization within the scope of the pilot program has a need to use public lawyers from another agency or organization, that agency must have a written request. The head of the proposed agency or organization has the right to nominate or refuse to nominate public lawyers.

This shows that the mechanism for using public lawyers is not designed as a public legal service for all citizens.

Decree No. 364/2026/ND-CP of the Government, issued on September 21, 2026, details a number of contents to implement Resolution 24/2026/QH16 and also takes effect from October 1, 2026.

For people who need to receive free legal support from the State, it is necessary to distinguish between public lawyers and legal aid. Legal aid is a mechanism stipulated by law for those who are eligible for assistance, in certain cases and scope.

Therefore, from October 1, 2026, the appearance of the public lawyer institution does not mean that people have an additional channel to request state lawyers to provide free defense in all disputes. People need to determine whether they are eligible for legal aid or not and whether the case falls within the scope of legal aid as prescribed or not before requesting support.

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