Việt Nam’s Decree 109 Sparks Outrage: Commune
Chiefs Granted Power to Revoke Law Licenses
by Lê
Sáng
The Vietnamese Magazine | 13
April 2026
Under a new decree
issued on April 1, the authority to revoke lawyers’ practicing certificates has
been granted not only to provincial chairpersons but also to commune-level
chairpersons.
Important: This
move contradicts Article 17 of the current Law
on Lawyers, which remains the highest legal document governing the
profession. The law clearly stipulates that the authority to revoke a practicing
certificate belongs exclusively to the Minister of Justice, granting no such
power to provincial or commune officials.
Following the timeline: The
government issued Decree
109/2026 on April 1, 2026, with an effective date set for May 18,
2026.
-
Article 84
empowers chairpersons of commune-level People’s Committees (UBND) to revoke
lawyers’ practicing certificates, notary cards, legal aid collaborator
cards, and other professional credentials.
-
Article 8 outlines
specific offenses that can trigger this revocation, such as establishing two
or more law practice organizations, allowing others to use one’s
certificate, or insulting the honor, dignity, or reputation of individuals
conducting legal proceedings.
-
The decree also
significantly expands both penalties and scope compared to previous
regulations. Maximum fines have increased from 3 million to 25
million đồng (approximately $120 to $1,000 USD), and the rules now cover the
entire field of judicial support activities, including notaries, bailiffs,
and judicial experts.
-
This follows the
government’s issuance of Decree
121/2025 in June 2025, which allowed provincial chairpersons to
grant and revoke law licenses—a move criticized at the time for bypassing
the National Assembly and threatening the fairness of legal proceedings.
Context: In
Việt Nam, thousands of administrative cases are filed each year. In
2024 alone, 12,464 administrative cases were accepted for
adjudication. Most
of these involve complaints against administrative decisions and
actions related to land, with defendants typically being People’s Committees and
their chairpersons at various levels.
Reaction: The
new regulation has triggered a wave of outrage across the legal community, with
many practitioners taking to Facebook and legal forums to voice their strong
dissatisfaction.
-
Atty. Trần
Văn Tuấn argued that a government decree cannot supersede a law
passed by the National Assembly to restrict the legal profession, noting
that the Law on Lawyers reserves revocation authority strictly for the
Ministry of Justice.
-
Atty. Hoàng
Hà pointed out that commune chairpersons are individuals “not
required to have any legal expertise in the legal profession.” He warned
that the regulation could severely undermine lawyers’ independence when
confronting administrative authorities.
-
Echoing these
concerns, Atty. Trần
Đại Lâm stated that the power to suspend practice should belong
to courts or independent professional institutions, such as bar associations
and the national bar federation. Because lawyers often serve as direct
counterweights to the executive branch, he noted that the new regulation
creates unavoidable conflicts of interest that will lead to unfairness in
legal proceedings.
-
On legal forums,
many practitioners have also expressed
strong dissatisfaction with the new rule.