A document from the Long Thanh Commune People’s Committee sent to the Dong Nai Province Bar Association requesting ‘coordination to support the resolution of matters related to organizations and individuals practicing law in the area of Long Thanh Commune’ has sparked much debate within the legal community.
Behind what seems like a routine administrative request lies a core issue: the boundary between the management authority of local government and the principle of independence in professional practice.
Furthermore, this is a story about the role and professional integrity of lawyers in protecting citizens’ rights, especially in the complex field of land rights.
The Right to Complain is a Constitutional Right
One cannot deny the practical pressures on localities when implementing large-scale projects like Long Thanh International Airport. When the economic interests of citizens are affected, the emergence of complaints is inevitable.
However, the right to complain is not a “burden” to be restricted, but a constitutional right.
The 2013 Constitution affirms that all citizens have the right to complain and denounce illegal acts by competent agencies, organizations, and individuals.
The 2011 Law on Complaints further specifies this by allowing citizens to file initial and secondary complaints, and even the right to initiate administrative lawsuits in competent courts, while affirming the right to seek assistance, advice, and representation from lawyers during the complaint resolution process.
Therefore, citizens submitting petitions multiple times, following the correct procedures, cannot be seen as behavior that needs to be restricted.
Conversely, the role of lawyers has also been clearly defined by law. The Law on Lawyers permits lawyers to participate in legal proceedings, provide legal consultancy, and represent clients in non-litigation matters to protect the lawful rights and interests of individuals and organizations.
The core principle of practice is independence, honesty, respect for objective truth, and compliance with the law. This affirms that lawyers are not “agents causing complaints,” but rather individuals who help ensure that complaint activities and their resolution proceed correctly, minimizing procedural and substantive errors.
Part of the Mechanism for Protecting Justice
In practice, a lawyer’s professional integrity is not only demonstrated in major cases but is most evident in specific matters where disadvantaged citizens need protection.
In administrative land disputes, citizens are often at a disadvantage regarding information and legal understanding. Without lawyer support, the right to complain can easily be exercised incorrectly or abandoned. Conversely, when a lawyer is involved, petitions are typically more rigorous, directed to the correct authorities, and help limit situations of widespread, prolonged complaints.
Therefore, it should be recognized that lawyers do not increase complaints; they contribute to bringing complaint activities within the legal framework. A case with lawyer involvement often has a better chance of being resolved quickly and accurately, as legal arguments are prepared thoroughly from the dialogue stage. Thus, lawyers accompanying citizens is not just a legal service activity but also part of the mechanism for protecting justice.
Conversely, if lawyers refuse to assist citizens in exercising their lawful right to complain, it is not only a lack of professional responsibility but also contradicts the social mission of lawyers. When citizens need the law but are not supported, the foundation of the rule of law is also affected.
Of course, in cases where a lawyer engages in acts such as providing illegal advice, inciting complaints contrary to regulations, or causing social disorder, the law
