Vietnam’s rapid economic growth and increasing integration into the global economy have attracted a surge of foreign investors and international legal practitioners. As cross-border disputes become more common, a recurring question emerges: can foreign lawyers represent clients and appear in litigation proceedings before Vietnamese courts? This article examines the legal framework governing the practice rights of foreign lawyers in Vietnam, with a focus on their ability—or limitation—to participate directly in court litigation. Through an analysis of Vietnam’s Law on Lawyers and relevant regulations, we explore the extent to which foreign legal professionals can engage with the Vietnamese judicial system.
1. Who Qualifies as a Foreign Lawyer in Vietnam?
According to the Law on Lawyers No. 65/2006/QH11 (as amended in 2012), a foreign lawyer is an individual who:
- Possesses a valid law practice license issued by a competent authority in a foreign country; and
- Has been granted a license to practice in Vietnam by the Ministry of Justice.
According to the Law on Lawyers No. 65/2006/QH11 (as amended in 2012), to practice in Vietnam, a foreign lawyer must:
Article 74.- Conditions for professional practice by foreign lawyers
A foreign lawyer shall be granted a permit for law practice in Vietnam if fully meeting the following conditions:
1. Having a law practice certificate which is granted by a competent foreign agency or organization and remains valid.
2. Respecting the Constitution and law of the Socialist Republic of Vietnam;
3. Being nominated by a foreign law-practicing organization to practice law in Vietnam or recruited by its Vietnam-based branch by a foreign law firm or Vietnamese law-practicing organization.
2. Foreign Lawyers and Litigation in Vietnamese Courts
In Vietnam, foreign lawyers are not allowed to litigate in courts. As stipulated by Article 70 of the Law on Lawyers and further detailed in Decree 123/2013/ND-CP, foreign lawyers cannot represent clients in any proceedings before Vietnamese people’s courts.
This restriction applies to all levels of courts and covers all types of cases, including civil, criminal, administrative, and labor disputes. Even if a case involves international elements or foreign parties and laws, only Vietnamese lawyers who are members of a Vietnamese bar association have the right to appear and represent clients in court. Foreign lawyers may assist or advise but are prohibited from speaking, arguing, or submitting documents on behalf of their clients in court.
Such limitations are common in many countries to safeguard the integrity of their judicial systems. This reflects legal and cultural reasons, including the necessity for court proceedings to be conducted in Vietnamese and the expectation that courtroom representatives have thorough knowledge of local legal practices and procedures.
3. Implications for International Clients
For foreign companies or individuals dealing with Vietnam’s legal system, it is important to recognize the separate roles of foreign and Vietnamese lawyers. Although foreign legal counsel can provide important strategic advice and guidance on international and their own country’s laws, only Vietnamese lawyers are permitted to represent clients directly in courts within Vietnam.
To achieve effective legal representation, international clients should:
- Retain Vietnamese law firms experienced in cross-border issues, litigation, and regulatory matters.
- Assemble a legal team that integrates both local and international expertise, especially when managing transactions or disputes related to foreign investments, joint ventures, or multinational operations.
- Utilize foreign lawyers for international legal matters, such as interpreting foreign laws or arbitration, while assigning courtroom representation and litigation duties to qualified Vietnamese lawyers familiar with the local legal system.
This cooperative model ensures compliance with Vietnam’s legal framework and helps clients implement a consistent, cross-border legal strategy that meets international standards.
Adopting this dual approach allows clients to fulfill domestic legal requirements while protecting their broader global legal interests.
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1. Lawyer Vu Thi Phuong Thanh, Manager of TLA Law LLC, Ha Noi Bar Association
Email: vtpthanh@tlalaw.vn
2. Lawyer Tran My Le, Chairman of the Members’ Council, Ha Noi Bar Association
Email: tmle@tlalaw.vn.
– Nguyen Huong Huyen-