How to Practice Law in Vietnam as a Foreign Attorney

In recent years, Vietnam has transformed itself into a regional hub for international trade, foreign direct investment, and cross-border mergers and acquisitions. With this economic boom comes a surging demand for international legal expertise to help bridge the gap between global investors and the local market. For foreign attorneys looking to tap into this lucrative market, navigating the local regulatory landscape is the first critical step. The following article by Apolo Lawyers will help readers fully resolve any questions regarding this process. Please contact our Hotline at +84 979.489.879 for the best consultation and support from Apolo Lawyers.

1. What Can Foreign Lawyers Do?

Before relocating or setting up a practice, it is crucial to understand the legal boundaries of a foreign lawyer jurisdiction within Vietnam.

Under Article 76 of the Law on Lawyers, the scope of practice for foreign attorneys is strictly regulated to protect the integrity of the local judicial system while welcoming international expertise:

• Permitted Activities: Foreign lawyers are legally authorized to provide legal advice on foreign law and international law. They may also provide other legal and business advisory services related to foreign commercial matters, international investments, and cross-border transactions.

• Prohibited Activities: Foreign attorneys cannot participate in legal proceedings as representatives, advocates, or defense counsel in Vietnamese courts. Litigation and courtroom advocacy are strictly reserved for locally licensed Vietnamese lawyers.

• The Exception for Vietnamese Law: A foreign lawyer is permitted to advise on Vietnamese law only if they hold a Bachelor of Law degree issued in Vietnam and meet the exact same rigorous qualification requirements as a local Vietnamese lawyer.

How to Practice Law in Vietnam as a Foreign Attorney

2. Mandatory Eligibility Requirements

According to Article 74 of the Law on Lawyers, foreign attorneys must satisfy four (04) specific criteria to be eligible for a practice license in Vietnam:

1. Valid Home License: The applicant must hold a valid, active law practice certificate issued by a competent professional or governmental authority in their home country.
2. Proven Expertise: The applicant must have a demonstrable track record and experience in advising on foreign and international law.
3. Local Affiliation: The applicant cannot operate entirely independently upon arrival. They must be officially appointed by a foreign law firm to practice at the branch/subsidiary of that firm in Vietnam or be contracted by a Vietnamese law firm/law office.
4. Commitment to Compliance: The applicant must formally commit to respecting the Constitution and laws of Vietnam, as well as the Code of Ethics and Professional Conduct for lawyers practicing in the country.

3. Approved Forms of Practice

Under Article 75, foreign lawyers must practice under officially recognized organizational structures. Freelancing is not permitted. In hindsight, if overseas attorneys want to practice law in Vietnam, they must be one of the following:

• A member of a branch of a foreign law firm or a foreign law firm established in Vietnam.
• An employee working under a formal employment contract for a branch of a foreign law firm, a foreign law firm, or a Vietnamese law firm/law office.

How to Practice Law in Vietnam as a Foreign Attorney

4. Who are we?

We are APOLO LAWYERS - Solicitors & Litigators, a Law Firm of the Ho Chi Minh City Bar Association. We operate with the principle of "to help, to protect!" Each individual client who comes to us is assisted wholeheartedly and has their legal rights protected in accordance with the law.

We are a law firm operating on a foundation that prioritizes prestige and a sense of responsibility. Our lawyers are highly qualified professionals with years of practice experience who always work with dedication and enthusiasm. Client information is kept strictly confidential. We are dedicated to bringing satisfaction to our clients.

>>> See more: Work Permit Requirements for Foreign Employees in Vietnam

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