CURING THE EQUALITY DEFICIT: THE PUBLIC LAWYER AS A CATALYST FOR ADVERSARIAL JUSTICE IN VIETNAM

Abstract This article addresses the persistent “equality deficit” that undermines the adversarial principle in Vietnamese administrative litigation, where state agencies often lack professional legal representation. Employing doctrinal and comparative legal analysis, it examines Vietnam’s proposal to establish a specialized public lawyer institution. The paper argues that such an institution is essential for ensuring procedural equality, enhancing the quality of legal argumentation, and thereby strengthening the legitimacy and fairness of administrative justice. It concludes by identifying the primary legal and practical challenges to implementing this reform, offering a critical perspective on the pathway to a more robust rule of law in Vietnam.