By Lawyer Nguyen Nhu Hai – UniLaw LLC

ATTORNEY FOR MEN: PRACTICAL LEGAL HELP IN VIETNAM

The legal landscape in Vietnam presents unique challenges for men, particularly when balancing high-stakes business operations with complex personal matters such as international divorce and child custody. At Unilaw, we recognize that male clients often require a strategic, results-oriented approach that protects both their professional legacy and their parental rights. To illustrate the practical complexities of these situations, we begin with the case of Mr. Bernard Pascucci, an expatriate father residing in Vietnam who found himself in a harrowing battle for the custody of his children, Kevin and Eliza.

Mr. Pascucci faced a divorce from his wife, Ms. Phuong Thao. The central conflict revolved around the upbringing of their four-year-old daughter, Eliza, whom the mother had placed in a temple environment. Mr. Pascucci argued that this environment was extreme and detrimental to the child’s holistic development and education. Kevin, his fourteen-year-old son, also had a voice in the proceedings, as Vietnamese law grants children over the age of seven the right to express their custody preferences. The case required a delicate analysis of the “best interest of the child” principle, moving beyond mere financial support to evaluate the psychological and educational suitability of the living environments.

Unilaw provided a comprehensive legal strategy for Mr. Pascucci, which included gathering evidence to demonstrate the mother’s religious environment as potentially extreme, asserting Kevin’s legal right to choose his guardian, and ensuring Mr. Pascucci’s own residency status remained secure through his Temporary Residence Card so he could continue to provide a stable home. The outcome of our intervention was a structured legal pathway that empowered Mr. Pascucci to actively pursue custody and residency rights, ensuring his role as a father was not marginalized during the marital dissolution. This case exemplifies why specialized legal counsel is vital for men navigating the intersection of foreign residency and domestic family law.

Strategic Navigation of Child Custody for Expatriate and Local Fathers

For many men, the fear of losing access to their children is the most daunting aspect of a divorce. In Vietnam, the court’s primary directive is the welfare of the child, but the practical application of this can vary. We often see cases where fathers are unfairly depicted as being less “nurturing,” a bias we work tirelessly to overcome by demonstrating the father’s active involvement in the child’s life and his ability to provide a superior educational and emotional environment.

Article 81 of the Law on Marriage and Family 2014 states:

“1. After a divorce, parents still have the rights and obligations to look after, care for, raise and educate minor children or adult children who lose their civil act capacity or have no working capacity and no property to support themselves in accordance with this Law, the Civil Code and other relevant laws.

2. Husband and wife shall reach agreement on the person who directly raises the children and on the rights and obligations of each side toward the children after the divorce. In case they fail to reach agreement, the court shall decide to assign the children to a party to directly raise them, based on the children’s interests in all aspects; if a child is full 7 years or older, his/her desire shall be considered.

3. A child under 36 months of age shall be directly raised by the mother, unless the mother is ineligible to directly look after, care for, raise and educate the child or the parents have another agreement suitable to the child’s interests.”

Plain Language Explanation: This law establishes that even after a divorce, both parents are responsible for their children. While the mother is usually preferred for toddlers under three years old, for older children, the court decides based on who can provide the best life for the child, and children over seven years old get a say in where they want to live.

Our practical help involves moving beyond the text of the law. In cases like Mr. Pascucci’s, we focus on the “ineligibility” clause of the mother. If a father can prove that the mother’s lifestyle—such as residing in a temple or lacking stable employment—is not in the child’s best interest, the automatic preference for the mother (especially for very young children) can be challenged successfully. We assist men in documented their parental contributions, from school records to medical histories, to build a compelling case for custody.

Safeguarding Business Assets and Capital Contributions During Divorce

Men in Vietnam are often the primary drivers of family enterprises or hold significant shares in corporations. During a divorce, these business interests often become the subject of intense litigation regarding asset division. A common trap is the commingling of “separate property” (assets owned before marriage or inherited) with “common property” (assets acquired during marriage).

Article 59 of the Law on Marriage and Family 2014 provides the framework for division:

“1. In case of application of the statutory matrimonial property regime, the division of property upon divorce shall be agreed upon by the parties. In case they fail to reach agreement, the court shall settle the division at the request of a spouse or both spouses.

2. Common property shall be divided into two, but the following factors shall be taken into account:

a/ Circumstances of the family and of the husband and wife;

b/ Each spouse’s contribution to the creation, maintenance and development of common property. Housework shall be regarded as income-generating labor;

c/ Protecting the legitimate interests of each party in their production, business and professional activities so that the parties may continue working to generate income…”

Plain Language Explanation: When a couple divorces, their shared assets are generally split 50/50. However, the court can adjust this ratio based on who contributed more money or effort, and they must try to divide assets in a way that allows a business owner to keep their business running.

In the case of Ms. Trinh Minh Ngoc (representing a common dispute type handled by Unilaw), the conflict involved the division of capital contributions in a limited liability company and properties. For our male clients, we emphasize point (c) of Article 59. It is a vital protection for businessmen. We argue that forcing a sale of shares to satisfy a 50% split could destroy the company’s value. Instead, we propose “payment in value” where the man keeps the shares and business control but compensates the ex-wife with other assets or cash, thus preserving the commercial integrity of the enterprise.

Combatting False Allegations and Hostile Litigation

For some men, legal troubles are not just about the law, but about managing a “scorched earth” policy from the opposing party. We have handled cases where wives use the Vietnamese legal system as a weapon, making false criminal allegations or attempting to block the husband’s ability to work or travel. The case of Mr. Gino Paul Solomon is a prime example of this “hostile litigation”.

Mr. Gino, an expatriate, was subjected to a campaign of harassment and defamation by his wife, Ms. Tayba. She made false reports to his employer, leading to his termination, and even attempted to abduct their child, Caleb, to take him out of Vietnam illegally. Furthermore, she engaged in reckless behavior, including driving while intoxicated and causing accidents. In such cases, the “Attorney for Men” role shifts from negotiation to aggressive defense and counter-suit.

To protect clients in this situation, we utilize Article 114 of the Civil Procedure Code 2015 regarding Provisional Urgent Measures:

“The Court may decide on one or more of the following provisional urgent measures:

… 1. Permitting the temporary detention of the person being sued;

… 4. Prohibiting the person being sued from performing certain acts;

… 12. Prohibiting the person from leaving the country…”

Plain Language Explanation: If one person is acting in a way that could cause immediate and irreparable harm (like trying to kidnap a child or hiding money), the court has the power to issue emergency orders to stop them, including taking away their passport so they cannot flee the country.

In Mr. Gino’s case, Unilaw prepared requests for these emergency measures to prevent the illegal removal of the child and to stop the wife’s defamatory actions. For men facing these pressures, having a lawyer who understands how to quickly engage with the local police (Cong An) and the court to secure travel bans and asset freezes is critical for survival in the Vietnamese legal system.

Resolving High-Stakes Business Member Disputes

Beyond family law, men are frequently embroiled in disputes within their own companies. These “Member Disputes” or “Shareholder Disputes” can paralyze a business. Often, a man might find himself “locked out” of management or facing a suit from a partner who claims he hasn’t contributed enough capital. Consider the case of Mr. Tran Anh H vs. Mr. Moon Jung J regarding H1 Company Limited.

In this dispute, three members (one Vietnamese and two Koreans) formed a company to produce plastic hoses. Conflict arose over capital increases and the management of the company’s assets. Mr. Tran Anh H sued Mr. Moon Jung J for damages totaling billions of VND, alleging mismanagement. The case became complicated by procedural errors in the lower court, such as failing to properly serve judicial papers to the Korean defendants.

The legal basis for such disputes is found in Article 30 of the Civil Procedure Code 2015:

“The following business and commercial disputes shall fall under the jurisdiction of the Court:

… 4. Disputes between a company and its members; disputes between the company and its managers in a limited liability company or members of the Board of Directors, directors or general directors in a joint-stock company, or among members of a company regarding the establishment, operation, dissolution, merger, consolidation, division, separation, transfer of the company’s assets, or transformation of the company’s organizational form.”

Plain Language Explanation: If you have a fight with your business partners about how the company is run, who owns what, or how much money you should get back, the Vietnamese court has specific “Business and Commerce” departments to handle these cases.

In the H1 Company case, the appellate court ultimately overturned the initial ruling because the lower court had not properly verified evidence or included all necessary parties, like a related company in Korea. For men in business, this highlights the necessity of “procedural perfection.” It is not enough to be right on the facts; your attorney must ensure every notification and judicial entrustment is handled correctly, especially when foreign partners are involved, to prevent your victory from being snatched away on a technicality at the appeal stage.

Effective Debt Recovery Strategies for Individual Lenders

Men often provide informal or semi-formal loans to business associates or acquaintances, only to find the repayment halted. Recovering these funds requires a firm legal hand. For example, Mr. Pham Nhat Tan sought to recover a debt of 1.24 billion VND from Mr. Pham Sy Thai based on a written commitment.

Debt recovery in Vietnam is governed by the Civil Code 2015. Article 463 defines a property loan contract:

“A property loan contract means an agreement between parties whereby a lender delivers property to a borrower; when the loan becomes due, the borrower must return to the lender property of the same type in the correct quantity and quality and shall only pay interest if so agreed or provided by law.”

Plain Language Explanation: A loan is a simple legal agreement where one person gives money or things to another, and that person must give it back later. If they agreed to pay interest, they must pay that too.

At Unilaw, we help men recover these debts by not just citing the law, but by creating leverage. This involves sending formal demand letters, preparing “Verification of Indebtedness” documents, and, if necessary, filing for asset distraint to ensure the debtor doesn’t empty their bank accounts while the lawsuit is pending. We often use Article 306 of the Commercial Law 2005 to claim additional interest for late payments, even if the original deal was informal, provided it can be categorized as a commercial transaction.

Article 306 of the Commercial Law 2005 states:

“Where a contract-breaching party delays payment of goods or payment of service charges and other reasonable costs, the aggrieved party is entitled to claim interest on such delayed payment at the average interest rate of overdue debts on the market at the time of payment for the period of delay, unless otherwise agreed or provided for by law.”

Plain Language Explanation: If someone owes you money for a business deal and they are late, you have a right to charge them interest based on the current market rates, even if you didn’t write a specific interest rate in your contract.

Navigating Labor Disputes and Management Liability

Male executives and managers in Vietnam often find themselves at the center of labor disputes, either being sued by the company for alleged “damages” or being unfairly terminated. A manager’s liability can be significant if they are accused of acting beyond their authority. We see this in disputes where a company sues its former Director for failing to hand over the company seal or financial records.

Article 71 of the Law on Enterprises 2014 (and subsequent versions) outlines the Responsibilities of Managers:

“1. Managers of a company have the following responsibilities:

a/ To exercise the delegated rights and perform the assigned obligations honestly, carefully and to the best of their ability in the best interests of the company and its owners;

b/ To be loyal to the interests of the company and its owners; not to use information, secrets, business opportunities of the company, or to abuse their positions and titles and use the company’s property for their own benefit or for the interests of other organizations or individuals…”

Plain Language Explanation: If you are a boss or a manager, you have a legal duty to be honest and work in the best interest of the company. You can’t use company secrets or equipment to make yourself rich at the company’s expense.

Unilaw defends men in these “management liability” cases by proving that their actions were based on Board resolutions or the company’s charter. In one case, a manager was sued for over 800 million VND for “unauthorized spending”. We successfully argued that the expenditures were within the normal scope of business operations and that the company had actually benefited from those actions. For the manager, the goal is often not just avoiding the fine, but clearing his reputation in the professional community.

Protecting Intellectual Property and Competitive Standing

In the digital age, a man’s value is often tied to his creations—software, designs, or brands. We assist male entrepreneurs in defending their intellectual property (IP) against infringement and unfair competition. In a notable case, an individual IT engineer, Mr. Dinh Cong N.D., discovered that 387 of his educational videos were being used without permission on a commercial website.

The Law on Intellectual Property 2005 (amended 2022) is the primary shield. Article 202 lists the measures to handle infringements:

“The court shall apply the following civil measures to handle organizations and individuals that have committed acts of infringing upon intellectual property rights:

1. Compelling the termination of the infringing act.

2. Compelling the public apology and rectification.

3. Compelling the performance of civil obligations.

4. Compelling the payment of damages for loss.”

Plain Language Explanation: If someone steals your work or uses your brand name without permission, the court can force them to stop, make them apologize in the newspaper, and pay you for the money you lost.

For our clients like Mr. N.D., we don’t just ask for the videos to be taken down. we seek damages for the lost advertising revenue and the unauthorized use of the “brand identity.” We also handle cases involving Trademark and Domain Name disputes, where competitors register domain names similar to a client’s brand (e.g., the BMW Motorrad domain name case) to sidetrack his customers. Our practical help includes filing petitions with the Vietnam Internet Network Information Center (VNNIC) and the courts to recover these vital digital assets.

The Essential Role of the “Attorney for Men” in Vietnam

Legal challenges in Vietnam are rarely just about “black letter law.” They are about cultural nuances, administrative procedures, and the strategic use of evidence. Whether you are an expat father fighting for his kids like Mr. Pascucci, an investor struggling with a partner like Mr. Tran Anh H, or an executive defending his career, you need more than a translator—you need a tactician.

Unilaw provides the Practical Legal Help that men need in Vietnam by:

• Humanizing the Father: Overcoming gender biases in custody courts by presenting cold, hard data on parental involvement and child development outcomes.
• De-commingling Assets: Using forensic accounting to separate your pre-marriage wealth from the communal pot.
• Aggressive Defensive Litigation: Using emergency court orders (Provisional Urgent Measures) to stop harassment, travel bans, or the hiding of assets.
• Company Charter Mastery: Interpreting your company’s founding documents to protect your right to vote, manage, and receive dividends.

Vietnam is a land of opportunity, but for men, the legal risks to family and fortune are real. Do not wait until you are served with a lawsuit or a travel ban. Proactive legal structuring of your marriage contract and your business charter is the best defense. If the crisis has already begun, Unilaw stands ready to provide the firm representation and practical results necessary to secure your future.