Law on Lawyers · 28.11.2024

LAWYER VS ATTORNEY VS PROSECUTOR IN VIETNAM – UNDERSTANDING THE ROLES – UNILAW

LAWYER VS ATTORNEY VS PROSECUTOR IN VIETNAM - UNDERSTANDING THE ROLES In Vietnam, the legal system is characterized by distinct professional roles within its legal framework. The terms "lawyer," "attorney," and "prosecutor" often cause confusion, but understanding the differences…

Lawyer UnilawReading time: 9 min

By Lawyer Nguyen Nhu Hai – UniLaw LLC

LAWYER VS ATTORNEY VS PROSECUTOR IN VIETNAM – UNDERSTANDING THE ROLES

In Vietnam, the legal system is characterized by distinct professional roles within its legal framework. The terms “lawyer,” “attorney,” and “prosecutor” often cause confusion, but understanding the differences between these legal professionals is crucial for anyone navigating the Vietnamese legal environment. In this article, we will explore the roles of lawyer, attorney, and prosecutor in Vietnam and how they contribute to the country’s justice system.

The lawyer vs attorney vs prosecutor question has a short answer in Vietnam: two of those words describe the same job, and the third describes someone on the other side of the room. One decided case shows what that third role can cost.

Lawyer vs attorney vs prosecutor: what each actually is here

Lawyer and attorney are both translations of luat su — one protected title, held by a person with a practising certificate who belongs to a bar association and works through a law office or law company. Neither English word is a separate rank.
Prosecutor is kiem sat vien, an official of the People’s Procuracy (Vien kiem sat). The Procuracy prosecutes criminal cases and supervises judicial activity — including civil proceedings, where it can protest a judgment it considers wrong.
A luat gia is a jurist with no practising certificate, and may not appear as a lawyer.

A decided case on what the prosecutor’s side can cost

Judgment No. 267/2025/DS-PT of 8 April 2025 — Superior People’s Court in Ho Chi Minh City, “compensation for wrongful prosecution in criminal proceedings”.

A husband and wife in Dak Nong were wrongly caught up in a criminal case and sued the State. The Court of Appeal upheld the first-instance judgment: the District People’s Court of Tuy Duc was ordered to pay VND 312,976,090 — VND 53,750,000 of lost income, VND 207,584,000 for mental distress and VND 51,642,000 of other loss, less VND 57,000,000 already paid.

Read it as a measure of the imbalance. After years of proceedings, a proven wrongful prosecution produced a little over three hundred million dong, most of it for distress rather than money actually lost. That is why the practical distinction in lawyer vs attorney vs prosecutor is not vocabulary at all: the prosecutor is the only one of the three whose decisions you cannot undo afterwards, and the stage where your lawyer changes the outcome is the investigation, not the appeal.

The legal basis behind lawyer vs attorney vs prosecutor

Law on Lawyers — the practising certificate, bar membership and the permitted forms of practising organisation.
Criminal Procedure Code — the defence counsel’s right to take part from the investigation stage, and the Procuracy’s powers.
Civil Procedure Code — the Procuracy’s supervisory role in civil cases, including its power to protest a judgment.
Law on State Compensation Liability — the route taken in the case above.

Decided cases are published on case.unilaw.vn. What counsel may do on the record is on our page for attorneys in Vietnam.

What is a Lawyer in Vietnam?

In the Vietnamese legal context, a lawyer is a professional who provides legal advice and represents clients in legal matters. They are licensed to practice law and help individuals, organizations, and companies with legal issues ranging from contracts to litigation. The term “lawyer” is often used interchangeably with “attorney” in many legal systems, but in Vietnam, it is important to understand the nuanced differences.

Responsibilities of a Lawyer in Vietnam

Lawyers in Vietnam have several key duties. These include providing legal consultation, representing clients in court, preparing legal documents, and offering advice on legal matters. They are essential in various legal processes, including civil disputes, business law, criminal defense, family law, and more. Lawyers in Vietnam can work independently or as part of a law firm.

Qualifications Required to Become a Lawyer in Vietnam

To become a licensed lawyer in Vietnam, individuals must complete a series of steps. The first step is obtaining a degree in law from a recognized university. Afterward, prospective lawyers must undergo training at the Vietnam Bar Federation and pass an exam to be licensed. Once they are licensed, lawyers must adhere to a strict code of ethics and continue their legal education throughout their careers to maintain their professional standing.

Attorney vs Lawyer in Vietnam

The term “attorney” is often used synonymously with “lawyer” in many jurisdictions, especially in common law countries. However, in Vietnam, the distinction between these terms can be subtle, depending on the context. In some instances, “attorney” might refer to a specific role or a lawyer authorized to act on behalf of a client in certain legal matters.

What is the Role of an Attorney in Vietnam?

In Vietnam, an attorney generally refers to a lawyer who has been officially appointed to represent a client in legal matters. The main difference between a lawyer and an attorney is that an attorney typically has a more formal authorization to act on behalf of a client, especially in cases where the lawyer needs to take official actions on their client’s behalf, such as filing documents or negotiating settlements.

Key Differences Between Lawyer and Attorney in Vietnam

The key distinction between a lawyer and an attorney in Vietnam lies in the scope of representation and the formalities involved. While all attorneys are lawyers, not all lawyers are attorneys. An attorney often represents clients in more complex legal matters, such as court proceedings and other official legal actions. On the other hand, lawyers might offer legal advice and prepare documents without necessarily representing clients in a formal capacity.

What is a Prosecutor in Vietnam?

A prosecutor, unlike a lawyer or attorney, is a government official who represents the state in criminal cases. Prosecutors in Vietnam are responsible for investigating criminal cases, initiating prosecutions, and ensuring that justice is served in criminal matters. The role of a prosecutor is unique because their duty is to uphold the law and ensure that crimes are properly punished, rather than representing individuals or organizations.

Key Responsibilities of a Prosecutor in Vietnam

Prosecutors in Vietnam play a critical role in the criminal justice system. Their responsibilities include:

Investigation and prosecution of criminal offenses.
Ensuring that criminal investigations are conducted lawfully.
Representing the state in court proceedings related to criminal cases.
Advocating for sentences and punishments in criminal trials.

How Does the Role of Prosecutor Differ from Lawyer and Attorney?

While lawyers and attorneys represent clients, prosecutors represent the state. A prosecutor’s duty is to seek justice on behalf of society, focusing on bringing individuals accused of crimes to trial. In contrast, lawyers and attorneys represent the interests of their clients, whether they are plaintiffs or defendants. This key distinction highlights the role of a prosecutor as part of the public sector, ensuring the law is applied to maintain public order and safety.

The Legal Profession in Vietnam: A Brief Overview

The legal profession in Vietnam is highly regulated, with various laws and policies governing the roles of lawyers, attorneys, and prosecutors. These legal professionals must comply with strict ethical standards, and they are governed by organizations such as the Vietnam Bar Federation and the Ministry of Justice. The legal profession plays a vital role in maintaining the rule of law, protecting rights, and ensuring that justice is served in both civil and criminal matters.

Legal Framework Governing Lawyers and Attorneys in Vietnam

The legal framework for lawyers and attorneys in Vietnam is primarily outlined in the Law on Lawyers (2012), which sets forth the qualifications, duties, and rights of legal professionals in the country. This law also establishes the role of the Vietnam Bar Federation, which oversees the licensing and regulation of lawyers and attorneys. Additionally, the Law on Legal Aid (2017) provides guidelines for legal aid services, helping ensure that legal representation is available to all individuals, including those who cannot afford private attorneys.

Legal Framework for Prosecutors in Vietnam

The role of the prosecutor in Vietnam is defined by the Law on Organization of People’s Procuracies (2014). This law outlines the duties of prosecutors, including their role in criminal investigations, prosecution of criminal cases, and ensuring the enforcement of laws. Prosecutors are independent in their decision-making but are also held accountable to ensure their actions align with the law and the interests of justice.

How Lawyers, Attorneys, and Prosecutors Contribute to the Vietnamese Legal System

In Vietnam, the legal system relies on the collaboration of lawyers, attorneys, and prosecutors to ensure justice is served. Lawyers and attorneys represent individuals and organizations, while prosecutors ensure that the state’s interests are upheld in criminal cases. These professionals work together to protect the rights of citizens, ensure the rule of law, and maintain public order.

Lawyers and Attorneys: Protecting the Rights of Clients

Lawyers and attorneys in Vietnam play a crucial role in advocating for their clients’ legal rights. Whether it’s through negotiating contracts, defending clients in court, or providing expert legal advice, these professionals ensure that individuals and businesses are legally protected and have access to fair representation.

Prosecutors: Upholding the Rule of Law

Prosecutors, on the other hand, are instrumental in ensuring that criminal offenses are punished, and public safety is maintained. They investigate crimes, bring offenders to justice, and work to prevent future offenses. Prosecutors act as a check on unlawful activities, promoting justice and serving as a counterbalance to the rights of individuals represented by lawyers and attorneys.

Conclusion: Lawyer vs Attorney vs Prosecutor in Vietnam

In conclusion, the terms “lawyer,” “attorney,” and “prosecutor” represent distinct roles in the Vietnamese legal system. While lawyers and attorneys are focused on representing clients and providing legal advice, prosecutors work on behalf of the state to ensure that criminal justice is carried out. Understanding the differences between these professionals is crucial for anyone seeking to navigate Vietnam’s legal system effectively.

Whether you’re seeking legal representation or involved in a criminal case, it’s important to know the roles of lawyer, attorney, and prosecutor to ensure that you choose the right professional for your legal needs. For more information, consult with Unilaw to learn how we can assist with your legal matters.

Deciding whether to instruct a Vietnamese firm, and what it will cost? See hiring a lawyer in Vietnam: how to choose and what it costs — fee structures, what is excluded, and the questions to ask before you sign. Or call +84 912266811; the first meeting is not charged.