Introduction
Rajah & Tann LCT Lawyers recently participated in a consultation workshop organised by the Ministry of Justice on the proposed amendment to the Law on Lawyers.
The Ministry has also released consultation materials outlining key policy directions for the reform. At this stage, however, the documents form part of the policy consultation process rather than a detailed draft law. The purpose of this stage is to gather feedback on major policy options before a full draft of the amended law is prepared for further consultation and legislative review.
Even so, the consultation dossier provides a clear indication of the regulatory direction under consideration. Broadly, the proposed reform seeks to strengthen the professional standards for lawyers, clarify the scope of legal services, streamline administrative procedures, and refine the framework governing both domestic and foreign legal practice in Vietnam.
For businesses, investors, and international law firms operating in Vietnam, these developments are relevant not only from a professional regulation perspective but also because they may affect how legal services are delivered and how foreign legal practices structure their presence in the Vietnamese market.
Background
Over the past two decades, Vietnam’s legal services market has grown significantly, with a steady increase in both the number of lawyers and legal practice organisations. At the same time, policymakers consider that the current regulatory framework still requires refinement in areas such as professional quality, market discipline, administrative procedures, and the regulation of non-lawyer legal service activities.
Against this backdrop, the proposed amendment appears intended not merely as a technical update but as part of a broader effort to modernise the legal profession in line with judicial reform, international integration, administrative reform, and digital transformation.
Key Policy Directions
A Clearer Definition of “legal services”
One of the most notable policy proposals is to clarify the distinction between legal services, legal support, and legal aid.
Under the proposed approach, legal services would refer to activities falling within the scope of legal practice that are provided for remuneration. By contrast, legal support would refer more broadly to legal-related work that may or may not fall within a lawyer’s professional practice but is not provided for remuneration.
On that basis, the provision of remunerated legal services would remain a conditional line of business, and only practising certificate holders would be permitted to provide such services. This proposal appears intended to improve transparency in the legal services market and to address concerns that non-lawyers have been providing services similar to those rendered by licensed lawyers.
A More Structured Pathway to Becoming a Lawyer
The consultation dossier also proposes important changes to the qualification pathway for lawyers in Vietnam.
A key proposal is the formal recognition of trainee lawyers, who would join and be supervised by a Bar Association during the traineeship stage rather than only after obtaining a practising certificate.
The policy package also contemplates removing the current regime under which certain legal professionals may be exempted entirely from lawyer training. Instead, those individuals would be required to attend a shortened professional training programme.
In addition, the dossier proposes to introduce a national lawyer examination for the issuance of practising certificates. The examination would assess professional awareness, legal ethics, and advocacy skills, reflecting a move toward a more standardised admission process for the legal profession.
Another proposed change is the introduction of a requirement that lawyers demonstrate firm political integrity, combined with ongoing mandatory training relating to professional ethics and professional responsibility.
Administrative Simplification and Digitalisation
Administrative reform and digitalisation are also central elements of the proposed policy package.
The consultation materials envisage simplified procedures for matters such as the issuance of practising certificates, the registration of legal practice organisations, and licensing of foreign lawyers and foreign law firms. They also propose the development of electronic databases and digital platforms for managing lawyers and legal practice organisations.
These reforms are intended to align with broader government initiatives relating to administrative simplification, decentralisation, and digital transformation.
If implemented effectively, these changes could reduce regulatory friction and improve administrative efficiency across the legal services sector.
Implications for Foreign Lawyers and International Law Firms
The proposed amendment is also relevant to foreign lawyers and international law firms operating in Vietnam.
Under the policy direction currently under consultation, a foreign legal practice organisation seeking to establish a branch or foreign law firm in Vietnam would need at least two member lawyers working at the relevant entity, provided that at least one is a foreign lawyer.
The consultation dossier also reaffirms the current principle that foreign lawyers may advise on foreign law and international law but may not represent clients before Vietnamese courts. Vietnamese lawyers working within foreign law firms may, however, provide advice on Vietnamese law.
For international law firms, these proposals may influence decisions relating to market entry, licensing strategy, staffing models, and cooperation arrangements with Vietnamese law firms.
A Stronger Framework for State Management and Professional Self-governance
Another major policy direction concerns the relationship between state management and professional self-governance within the legal profession.
The consultation dossier proposes a clearer allocation of responsibilities between state authorities and lawyers’ professional organisations, alongside expanded decentralisation to provincial authorities and enhanced supervisory mechanisms.
At the same time, lawyers’ professional organisations would be expected to assume greater responsibility in areas such as professional supervision, disciplinary oversight, internal governance, and dissemination of policy and legal information.
These institutional adjustments may significantly reshape the governance structure of the legal profession in Vietnam.
What is not Included
It is also worth noting that the current consultation materials do not address the creation of a public lawyer regime.
Although the Ministry of Justice is reportedly studying the possibility of introducing public lawyers under a separate policy initiative, this issue does not form part of the proposed amendment to the Law on Lawyers at this stage.
Practical Implications
If the proposed policy directions are eventually reflected in the amended law, the reform may have several practical implications for the legal services market in Vietnam.
A clearer statutory definition of legal services may reduce regulatory ambiguity and restrict unlicensed legal service activities. Changes to training, traineeship, and qualification requirements may raise professional standards and promote greater consistency within the profession. Administrative simplification and digitalisation may also reduce compliance burdens for lawyers and law firms.
At the same time, refinements to the framework governing foreign legal practice may influence how international law firms structure their presence and cooperation models in Vietnam.
Looking Ahead
The amendment to the Law on Lawyers remains at the policy consultation stage, and a detailed draft law has not yet been issued.
The current materials should therefore be understood as outlining the principal policy directions under consideration rather than the final legislative text. Following consultation and further policy refinement, the next step will be the preparation of a full draft of the amended law for legislative review.
Nevertheless, the direction of travel is already visible. Vietnam appears to be moving toward a legal profession that is more structured, more closely supervised, and more clearly regulated in terms of who may provide legal services and under what conditions.
For businesses, investors, and international law firms with interests in Vietnam, this is a reform process worth monitoring closely.
Contribution Note
This Update was authored by Dr. Chau Huy Quang, Mr. Cao Dang Duy, and Dr. Le Hong Phuc (also a lecturer at Phenikaa University).
Disclaimer
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