The discussion was attended by several members of the Politburo: Le Minh Tri, Secretary of the Party Central Committee and Head of the Central Internal Affairs Commission (Deputy for Dong Nai); and General Phan Van Giang, Deputy Prime Minister and Minister of National Defense (Deputy for Thai Nguyen).
Also in attendance were members of the Party Central Committee: Vu Hong Van, Secretary of the Dong Nai Provincial Party Committee and Head of the Provincial Delegation of Deputies; Nguyen Thanh Hai, Chairperson of the National Assembly’s Committee on Science, Technology, and Environment; and Hoang Duy Chinh, Standing Vice Chairman of the National Assembly’s Council for Ethnic Affairs.
Deputies reached a high consensus on the necessity of the pilot program. Deputy Nguyen Thi Thuy (Thai Nguyen) noted that data from administrative cases reveal immense pressure on the administrative management system. Under Article 60 of the Law on Administrative Procedures, heads of administrative agencies (Chairman or authorized Vice Chairman of People's Committees) are required to participate in legal proceedings. However, due to management responsibilities, leaders are frequently absent from court, hindering the judicial process. In this context, a public solicitor corps is expected to be a vital asset, providing legal counsel before decisions are issued and representing state agencies in court to protect the state's legal rights and interests.
Regarding legislative technique, Deputy Truong Thi Dieu Thuy (Dong Nai) suggested standardizing terminology from the outset to ensure consistency. She proposed adding a definitive "Interpretation of Terms" clause to Article 2 to clarify the scope of application, particularly since the "public sector" in the draft includes State-Owned Enterprises (SOEs).
Analyzing Articles 3 and 5 regarding the principles and standards for public solicitors, Deputy Thuy pointed out a potential gap. While the draft lists eligible subjects—including officials, civil servants, military and police officers, and SOE employees—it requires them to follow professional codes of ethics. However, she questioned: “For those working in SOEs, what standards of conduct apply? They are not civil servants or military officers.” She urged the drafting committee to clarify these ethical frameworks.
Furthermore, regarding the licensing process, she raised concerns over administrative oversight: “With 8 ministries and 10 localities involved in the pilot, who will be the direct managing authority responsible for proposing that the Minister of Justice grant practice certificates to SOE employees?”
Deputy Nguyen Thi Thuy emphasized the need to avoid overlapping duties between public solicitors and existing legal departments within ministries and local governments. As public solicitors are slated to provide counsel before administrative decisions are made—a task currently handled by legal departments and Departments of Justice—she warned that without clear boundaries, there would be a duplication of roles and a waste of resources.
On the duration of the pilot, currently proposed at two years, several deputies expressed concern that the time frame is too narrow. The preparation process alone—including screening candidates and obtaining Ministry of Justice recognition—takes significant time. Moreover, administrative lawsuits are often prolonged. Deputy Thuy proposed that while the initial term remains two years, a provision should be added allowing the Government to request an extension to three or four years to ensure sufficient data for a comprehensive evaluation.
Discussing the regime for this new workforce, Politburo member Le Minh Tri suggested a shift in terminology. Rather than using the phrase "commensurate policies," he recommended "appropriate policies." He argued that "commensurate" is difficult to quantify, whereas "appropriate" offers necessary flexibility. Specifically, he suggested maintaining standard support for regular activities while providing specific allowances for particular cases based on the nature of the work and the actual results achieved. This approach aims to provide practical motivation for solicitors dedicated to protecting the interests of the State and the people./.
