Today (April 20), the National Assembly listened to the Government's Submission and the Verification Report on the draft Resolution piloting the institution of public lawyers.
Presenting the Government's report, Minister of Justice Hoang Thanh Tung said that the requirement to form a team of public lawyers stems from many inadequacies emerging in the operation of the state sector.
In administrative proceedings, the number of cases increases rapidly, the nature is increasingly complex, but the effectiveness of resolution is still limited; many state agencies face difficulties in participating in proceedings and preparing dossiers, reducing the effectiveness of protecting the interests of the State.
In handling socio-economic projects and international transactions, there are still many backlog projects and legal obstacles, while legal risks in international contracts and projects are increasing.
Along with that, the settlement of complaints and denunciations, especially prolonged cases related to land, also creates great pressure on the administrative apparatus and poses a need for more professional legal support for state agencies.
According to the Submission, the draft Resolution identifies the scope of regulation including operating principles, standards, scope of work, rights and obligations, process of handling work and regimes and policies for public lawyers; pilot scope in 8 ministries and 10 localities.
Public lawyers must simultaneously meet the standards of cadres and civil servants and the standards of practicing law, have political qualities, professional ethics and practical experience.
The draft also stipulates the combination of the rights and obligations of lawyers and cadres and civil servants, and at the same time designs a number of specific mechanisms, including exemption from liability in cases of correct implementation of regulations, not for personal gain.
Regarding the process of using public lawyers, state agencies are allowed to proactively use or request the transfer of public lawyers; in necessary cases, they can hire external legal services under a flexible mechanism.
Regarding regimes and policies, public lawyers are guaranteed salaries, support and commensurate training to attract and retain high-quality human resources.
The pilot period proposed by the Government is from October 1, 2026 to the end of September 30, 2028, with a transitional handling mechanism for ongoing cases.
According to the submission, human resources will be mobilized from three main sources, including a team of legal officers who are currently qualified to practice law; a team that can be supplemented after a short internship period; and attracting experts and lawyers from the non-state sector. The arrangement is in the form of concurrent tenure, without increasing staff.
Appraising the draft Resolution, Chairman of the Law and Justice Committee Phan Chi Hieu said that the draft Resolution dossier is assessed as having complete documents, ensuring quality and meeting the conditions for submitting to the National Assembly for consideration and decision.
Regarding specific contents, the thẩm tra agency agreed with the scope of adjustment and pilot scope in 8 ministries and 10 localities as stipulated in the draft Resolution.
Regarding the regime and policies for public lawyers, the thẩm tra agency basically agrees with the regulations on monthly support regimes and case-by-case training regimes, but proposes to only apply to public lawyers who are cadres, civil servants, public employees, and officers, not applying to people working in state-owned enterprises.
Some opinions also suggest that public lawyers perform tasks according to cases, so they do not need monthly support but should only receive allowances according to cases.
In addition, some opinions suggested continuing to study and supplement policies to be able to attract and retain high-quality human resources in this field.
