As Vietnam continues to attract foreign investment and international commercial activity, legal disputes involving cross-border elements are increasingly common.

A frequent question arises: Can foreign lawyers represent clients and litigate in Vietnamese courts? The answer reflects a balance between Vietnam’s openness to international legal cooperation and its preservation of judicial sovereignty.

This article explores the legal framework governing foreign lawyers in Vietnam, what they are allowed to do, and what restrictions remain in place regarding courtroom representation and litigation.

Who Qualifies as a Foreign Lawyer in Vietnam?

Under the Law on Lawyers No. 65/2006/QH11 (amended 2012), a foreign lawyer is defined as an individual who:

• Holds a foreign lawyer’s license issued by a competent foreign authority
• Has been licensed to practice in Vietnam by the Ministry of Justice

To practice in Vietnam, a foreign lawyer must:

• Join a Vietnamese law firm, or
• Establish or join a foreign law firm branch in Vietnam

Foreign lawyers must register with the Vietnam Bar Federation and obtain a certificate to practice foreign law in Vietnam. This certification, however, does not grant them the right to appear in Vietnamese courts.

Can Foreign Lawyers Litigate in Vietnamese Courts?

In short, no. Foreign lawyers are not permitted to participate in court litigation in Vietnam. According to Article 70 of the Law on Lawyers and further clarified under Decree 123/2013/ND-CP, foreign lawyers are not allowed to represent clients in proceedings before Vietnamese people’s courts.

This prohibition extends across all court levels and types of cases, including civil, criminal, administrative, and labor disputes. Even when a case has cross-border elements or involves foreign parties and foreign law, only Vietnamese lawyers who are members of a Vietnamese bar association can appear before the court. Foreign lawyers may be present in a support or advisory capacity, but they cannot speak, argue, or file court submissions on behalf of a client.

The restriction is not unique to Vietnam; many jurisdictions impose similar limits to protect the integrity of domestic judicial systems. It reflects both legal and cultural considerations, such as the requirement for proceedings to be conducted in Vietnamese and the expectation that court advocates possess a deep familiarity with local legal norms and courtroom practice.

What Are Foreign Lawyers Allowed to Do in Vietnam?

While foreign lawyers cannot litigate in court, they can engage in a range of legal services:

• Consult on Foreign Law and International Law: Foreign lawyers may advise on the law of their home country or on international legal matters.
• Provide Legal Opinions: They can issue legal opinions on matters relating to foreign investments, international trade, and cross-border transactions.
• Work in Arbitration: Foreign lawyers are allowed to represent parties in arbitration proceedings in Vietnam (such as those conducted by VIAC or foreign arbitral bodies).
• Collaborate with Vietnamese Lawyers: Foreign lawyers often work alongside local counsel to provide comprehensive support in multi-jurisdictional matters.

These permissions reflect Vietnam’s obligations under WTO commitments and bilateral trade agreements to allow market access for legal services while maintaining limits on courtroom advocacy.

Can Foreign Law Firms Operate in Vietnam?

In addition to individual foreign lawyers, many international legal service providers are interested in establishing a presence in Vietnam. Under Vietnamese law, foreign law firms are permitted to operate in Vietnam but must comply with certain structural and regulatory requirements.

Foreign law firms can either set up a branch, establish a foreign law firm, or form a partnership with a Vietnamese law firm. These firms must obtain a license from the Ministry of Justice and operate under the supervision of Vietnamese legal authorities.

However, their scope of practice remains limited. Foreign law firms can advise clients on foreign law, international treaties, and Vietnamese legal issues in collaboration with local lawyers. They cannot represent clients in court or provide notarization or land transaction services.

The presence of foreign law firms in Vietnam has helped international clients access global legal expertise while working within Vietnam’s legal system. Many of these firms collaborate closely with licensed Vietnamese lawyers or firms, offering a well-rounded legal solution for cross-border and domestic matters.

Why Litigation Is Reserved for Vietnamese Lawyers

Vietnam reserves courtroom litigation for Vietnamese nationals for several reasons:

• Language: All court proceedings are conducted in Vietnamese. Foreign lawyers may not have sufficient fluency or legal Vietnamese terminology knowledge, making it difficult to engage in direct argumentation or navigate procedural nuances.
• Legal System Familiarity: Vietnam’s legal procedures, including evidentiary requirements, hearing etiquette, and judicial expectations, are unique to its civil law framework. Court advocates must be well-versed not only in the law but in local legal culture and unwritten courtroom practices.
• State Sovereignty: Limiting litigation rights to Vietnamese lawyers helps preserve the integrity and independence of the judiciary. This ensures that domestic courts are controlled and guided by individuals trained and licensed within the national legal system.

This framework reflects not only regulatory caution but also a commitment to legal consistency and accountability. As a result, foreign parties involved in litigation must engage a Vietnamese lawyer or law firm to handle representation in court.

What This Means for International Clients

For international companies or individuals navigating Vietnam’s legal system, understanding the division of roles between foreign and Vietnamese lawyers is critical. Foreign clients must be aware that while their trusted international legal advisors can offer valuable strategic input and guidance on international and home-country law, only Vietnamese lawyers can engage directly with the court.

To ensure effective legal representation, international clients should:

• Engage a Vietnamese law firm that has deep experience in handling cross-border matters, litigation, and regulatory compliance.
• Ensure your legal team includes both local and international perspectives, particularly when dealing with transactions or disputes involving foreign investment, joint ventures, or multinational operations.
• Rely on foreign lawyers for international elements of a case, such as foreign law interpretation or arbitration, while assigning litigation responsibilities to licensed Vietnamese lawyers who can navigate courtroom procedures and speak on your behalf.

This collaborative model not only ensures compliance with Vietnamese legal requirements but also allows clients to maintain a coherent, cross-border legal strategy that aligns with international standards.

This dual-approach ensures compliance with local regulations while protecting the client’s global legal strategy.

Conclusion

While foreign lawyers play an important role in Vietnam’s legal landscape, they are not permitted to litigate in Vietnamese courts. Courtroom representation remains the domain of Vietnamese lawyers, reflecting both legal tradition and national regulatory control.

Le & Tran is a leading Vietnamese law firm with deep expertise in cross-border litigation, regulatory compliance, and foreign investment advisory. We regularly collaborate with foreign counsel to support international clients operating in Vietnam and navigating complex legal frameworks. Our firm is recommended by AmCham Vietnam, the US Consulate, and consistently top-ranked in Chambers, Legal500, and Benchmark Litigation for our litigation and dispute resolution practice. For expert legal support tailored to Vietnam’s court system and international legal matters, contact us at info@letranlaw.com.