Exposing the smear campaign against the amendment of the Lawyers Law.

In the context of the Ministry of Justice seeking broad public opinion on the draft Law on Lawyers (amended), which is expected to be submitted to the National Assembly at its second session, people from all walks of life and lawyers nationwide have actively participated, contributing many constructive opinions, demonstrating a sense of responsibility and support for the process of improving the legal framework.

However, taking advantage of the discussion process, some hostile and reactionary elements have deliberately distorted the policies and guidelines, misrepresented the content of the draft, incited public opinion, caused division within the national unity, and misrepresented the understanding of the judicial system and the leadership role of the Party and the State. This is a familiar tactic that needs to be clearly identified and resolutely refuted.

Delegates discuss at the workshop to gather feedback on the draft Law on Lawyers (amended) organized by the Vietnam Bar Association . Photo: Van Duc.

1. The Law on Lawyers was passed by the 11th National Assembly on June 29, 2006 (No. 65/2006/QH11), effective from January 1, 2007, and amended and supplemented in 2012. This is an important legal document, creating a basic legal framework for the organization and operation of the legal profession, contributing to the development of the legal profession, protecting the legitimate rights and interests of individuals and organizations, and actively supporting judicial reform and the building of a socialist rule of law state. After nearly 20 years of implementation, in addition to the achievements with a significant increase in the number of lawyers and law firms (currently, there are thousands of lawyers and nearly 5,000 law firms nationwide), the Law on Lawyers has revealed some limitations and inadequacies, is not yet synchronized with the new legal system, and does not fully meet the requirements of socio- economic development and deep international integration.

Nevertheless, as soon as the amendments to the Lawyers Law were put up for discussion, hostile and reactionary forces such as the Viet Tan terrorist organization and the Patriotic Diary launched a massive attack via social media using various tactics and distorted narratives. The essence of this tactic is to exploit the reasonable and scientific amendments to falsely portray them as "tightening," "oppression," and "loss of professional independence." These groups cut and distorted the draft, exaggerating certain regulations and spreading them on social media to create public confusion and incite a segment of lawyers to oppose the Party and the State. This tactic is not new and has been used with many other important draft laws.

One of the arguments they promote is the addition of the criterion of "having firm political convictions" to the requirements for practicing law. They accuse this of "politicizing" the legal profession, "suppressing independence," and forcing lawyers to "follow the Party line" instead of upholding justice.

This is a blatant distortion. According to the draft, "firm political resolve" is clearly understood as having a correct understanding of the political system, steadfastly protecting national and ethnic interests, and not using one's profession to infringe upon national security or social order. This is a legitimate requirement, consistent with the Constitution and the Party's views on building a progressive intellectual workforce for the people. Many lawyers in the country, including those from the Vietnam Bar Association, agree with this spirit and only offer suggestions for further clarification to ensure feasibility.

Another distorted and subversive argument focuses on Government Decree No. 109/2026/ND-CP, which stipulates administrative penalties for violations in the fields of legal assistance; judicial administration; marriage and family; civil enforcement; and business and cooperative recovery and bankruptcy. These individuals argue that granting commune-level People's Committees the authority to impose penalties, suspend, or revoke licenses constitutes "bureaucratization," "playing both sides," and creates a tool for "retaliation" against lawyers. In reality, the decree only addresses specific violations such as: conduct and statements affecting professional reputation, obstruction of litigation, and ethical violations. This is a measure to ensure discipline and order, consistent with international practice, and does not interfere with the legitimate professional activities of lawyers.

Furthermore, they spread rumors that lawyers are being "turned into state tools," and "destroying the defense and human rights" through the public lawyer system and other related regulations. This is an unfounded argument. The pilot program for public lawyers aims to expand legal aid to the poor and vulnerable, contributing to better protection of human rights. Amending the Law on Lawyers is intended to balance state management and professional self-governance, develop a transparent and healthy competitive legal services market, and enhance the position of Vietnamese lawyers in international integration.

The purpose of the aforementioned arguments is to incite division between the legal profession and the Party and the State; and to undermine public trust in the judiciary.

2. In fact, amending the Law on Lawyers at this time is absolutely necessary to overcome existing limitations; to institutionalize the Party's guidelines and resolutions on judicial reform. In particular, this will also serve as a basis for building a team of lawyers with strong political convictions, good moral character, and high professional competence; ensuring discipline and order in the legal profession; developing a transparent and healthy competitive legal services market; reforming state management towards decentralization and delegation of power, strengthening the self-governance of professional organizations, and enhancing the position of Vietnamese lawyers in the international arena. This is an important step contributing to the completion of the legal system, protecting justice and human rights, and effectively serving the cause of national construction and defense.

The amendment of the Lawyers Law is an opportunity to create a new launching pad for the legal profession in Vietnam. A good law is not only a tool for the State to manage, but first and foremost, it must be a safe and sufficiently open legal framework for practitioners to freely contribute to and protect justice and human rights.

To avoid being exploited by hostile forces, Party committees, organizations, cadres, and Party members need to proactively and resolutely implement a comprehensive set of practical solutions. First and foremost, it is necessary to strengthen political and ideological education, enhance resilience, and clearly identify the schemes and tactics of "peaceful evolution" and the exploitation of democracy and human rights by hostile forces in cyberspace and through some international organizations. Press and propaganda agencies need to promptly provide official and complete information on the draft Law on Lawyers (amended) and related documents, helping cadres, Party members, and the people, especially lawyers, to correctly understand the nature and significance of the law amendment.

At the same time, it is necessary to proactively prevent, promptly and systematically refute distorted narratives with sharp arguments and convincing evidence on traditional media and social networks. Organizations, especially the Vietnam Bar Association and local bar associations, must promote self-governance and encourage members to participate in constructive feedback responsibly, avoiding exploitation. Every cadre and Party member, especially those working in the judicial and legal fields, should set an example in strictly adhering to Party discipline and State laws, maintaining a firm ideological stance, and remaining unwavering in the face of harmful and toxic information.

These solutions are not limited to amending the Lawyers Law but must be implemented throughout the entire process of building a socialist rule of law state. This includes persistently leading and guiding the Party's ideology in legislative and judicial work; perfecting the self-governance mechanisms of professional organizations; harmoniously combining state management with democracy and human rights; and resolutely fighting against and preventing all divisive and slanderous conspiracies from outside. Only with a proactive, unified spirit and high revolutionary vigilance can we maintain our political direction and ensure the success of the cause of reform, national construction, and defense.

Once every official, Party member, and citizen understands the skill of verifying information, no trick can shake the will and trust in the Party, the State, the socialist regime, and the path of development of our country.

Source: https://hanoimoi.vn/lat-tay-chieu-tro-boi-nho-viec-sua-doi-luat-luat-su-972266.html