Tiếng Việt
Decree 121/2025/ND-CP: A Landmark Decentralization in Vietnam’s Judicial Administration
On June 11, 2025, the Government of Vietnam officially issued Decree No. 121/2025/ND-CP, governing the decentralization and delegation of state management authority within the Ministry of Justice’s scope. Taking effect on July 1, 2025, this Decree introduces substantial institutional changes, particularly regarding the administration and licensing of judicial professions such as lawyers, notaries, auctioneers, and bailiffs.
Key Delegation of Powers to Provincial People’s Committees
Pursuant to Article 2 of Decree 121/2025/ND-CP, the Chairman of the Provincial People’s Committee (PPC) is now vested with extensive authority over various judicial licensing and administrative functions, specifically:
- Issuing professional practice certificates for lawyers, notaries, auctioneers, and bailiffs;
- Revoking and reissuing professional practice certificates for these professions;
- Granting establishment licenses and approving the dissolution of commercial arbitration centers.
Prior to this reform, these powers largely resided with the Minister of Justice, as prescribed under the Law on Lawyers, the Law on Notarization, the Law on Property Auction, and the Law on Bailiffs. This comprehensive decentralization is aimed at enhancing administrative efficiency, reducing burdens on central authorities, and streamlining procedures for individuals and organizations operating within the judicial sector.
Comprehensive Overhaul of the Certification Process
Decree 121/2025/ND-CP fundamentally revises the entire process of applying for and issuing professional practice certificates for lawyers. Under the new framework:
- Trainee lawyers who have successfully passed the required internship examination will directly submit their application dossiers to the Department of Justice in the locality where they registered their legal practice traineeship.
- Upon receiving and reviewing the applications, the Department of Justice will forward its recommendations and complete dossiers to the Chairman of the Provincial People’s Committee for final decision-making on granting the professional practice certificate.
This represents a complete procedural departure from previous regulations, where dossiers were reviewed and approved centrally by the Ministry of Justice.
Transitional Pilot Phase for Legal Reform Preparation
Legal experts, including Lawyer Nguyen Van Hau (Standing Member, Head of the Media Committee of the Vietnam Bar Federation), emphasize that this decentralization aligns with Vietnam’s ongoing roadmap for administrative restructuring and future constitutional and legal reforms under the upcoming National Assembly term.
By 2027, significant legal instruments such as the Law on Lawyers, Law on Commercial Arbitration, and Law on Bailiffs are expected to be comprehensively amended or newly promulgated to institutionalize a modern and decentralized governance framework for the judicial system. In this context, Decree 121/2025/ND-CP serves as a pilot mechanism, enabling state agencies to assess its practical impact before formalizing more permanent legislative amendments.
Effective Period and Legal Applicability
Decree 121/2025/ND-CP will remain in force from July 1, 2025, until March 1, 2027. During this period, if new higher-level legal documents are enacted and take effect earlier, the corresponding provisions of this Decree shall automatically lapse to avoid any inconsistency with superior legislation.
Conclusion
The issuance of Decree 121/2025/ND-CP signifies a transformative step in Vietnam’s judicial administrative reform, empowering local authorities to directly govern and oversee judicial professionals. Concurrently, this is a critical preparatory phase, laying the legal and institutional groundwork for broader systemic reforms in the 2026-2027 legislative agenda, as Vietnam continues its transition toward a modern, efficient, and socialist rule-of-law state.
