By Lawyer Nguyen Nhu Hai – UniLaw LLC

AVERAGE SALARY OF A DIVORCE LAWYER IN VIETNAM – UNILAW

When individuals look for a lawyer in hanoi or a law firm in ho chi minh city to handle their marital disputes, one of the most common questions is regarding the cost. The professional income or “salary” of a divorce lawyer in Vietnam is directly tied to the complexity of the case, the assets involved, and the presence of foreign elements. To understand the financial landscape of this profession, we must look at how fees are structured and regulated under Vietnamese law, as well as real-world applications in complex cases handled by an international law firm in Vietnam.

Real Case Study: Settlement for an International Client in Hanoi

To begin our analysis, let us examine a specific case involving M. Bernard Pascucci, a French citizen residing in Ho Chi Minh City. Mr. Bernard had been married to a Vietnamese citizen, Ms. Nguyen Thi Hang, since 2013. They had a child together, born in 2020, who holds dual French and Vietnamese citizenship. Unfortunately, due to deep cultural, linguistic, and lifestyle differences, the marriage became unsustainable.

The client sought legal assistance from Unilaw to navigate a consent divorce with complex cross-border implications. The law firm in hanoi assisted the parties in filing a petition for the recognition of a voluntary divorce at the Hanoi People’s Court. The primary legal challenges included determining the primary caregiver for the children and the division of a high-value real estate asset in Soc Son, Hanoi.

The outcome was successful. The Hanoi People’s Court issued Decision No. 220/2023/QDST-HNGĐ on October 23, 2023, officially recognizing the consent divorce. Following the court decision, the parties, with the help of their legal representatives, signed a detailed “Settlement Agreement” (Proces-Verbal d’Accord) on July 31, 2024. It was agreed that the wife would directly raise the younger child while the father maintained visitation rights. Regarding the property in Soc Son, it was agreed that the house would be sold, and 65% of the proceeds would be returned to Mr. Bernard. For this comprehensive service, which included international legal strategy and property negotiation, the legal fee was structured through specialized “packages”. This case illustrates that for a lawyer in hanoi, the income from a single international case can be substantial, depending on the value of the assets recovered for the client.

Legal Framework for Calculating Lawyer Remuneration in Vietnam

The “salary” or income of a divorce lawyer is not fixed by the government but is instead governed by the agreement between the law firm in vietnam and the client. The Law on Lawyers provides the foundational rules for these financial arrangements.

Article 55. Remuneration calculation methods

1. Remuneration shall be calculated by the following methods:

a) Lawyer’s working hours;

b) Case or matter with a package remuneration level;

c) Case or matter with a remuneration level calculated as a percentage of the value of the lawsuit or the value of the contract or project;

d) Long-term contract with a fixed remuneration level.

Explanation: This law grants lawyers and clients the freedom to choose how work is billed. In simple divorce cases, a “package” fee is common. However, in high-stakes disputes involving the division of large corporations or real estate, a percentage-based fee is often used, which can significantly increase the lawyer’s total compensation for that case.

Article 56. Remuneration and expenses in case a lawyer provides legal services under a legal service contract

1. The remuneration level shall be agreed upon in the legal service contract; for criminal cases in which the lawyer participates in the proceedings, the remuneration level must not exceed the remuneration ceiling prescribed by the Government.

2. Travel expenses, accommodation, and other reasonable costs for the performance of legal services shall be agreed upon by the parties in the legal service contract.

Explanation: While criminal cases have a price cap, civil matters like divorce do not. This allows top law firms in vietnam to charge premium rates for high-quality representation. Clients should also be aware that they are responsible for the lawyer’s travel and lodging costs if the case requires moving between cities, such as from Hanoi to Ho Chi Minh City.

The Impact of Asset Division on Legal Fees and Lawyer Income

A major factor in determining the income of a divorce lawyer is the “disputed value” of the marital estate. When a lawyer in hanoi handles a case involving significant business interests, the complexity multiplies.

Consider the dispute between Mr. Th and Ms. Ch (Judgment No. 28/2023/KDTM-PT). Although the case eventually transitioned into a commercial dispute over share transfers, the roots were in their divorce and the division of their common property. The assets involved were 1,092,337 shares of MTS Company, valued at over 10.9 billion VND. The wife initially requested a 50/50 split of these shares, valued at approximately 5.46 billion VND per person.

In such cases, law firms in vietnam must apply Article 59 of the Law on Marriage and Family to argue for their client’s share:

Article 59. Principles of settlement of property of husband and wife upon divorce

1. In case the statutory property regime is applied, the settlement of property shall be agreed upon by the parties; if the parties fail to reach an agreement, at the request of the husband or wife or of both, the Court shall settle according to the provisions of Clauses 2, 3, 4 and 5 of this Article and Articles 60, 61, 62, 63 and 64 of this Law…

2. Common property of husband and wife 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) Contribution of the husband and wife to the creation, maintenance and development of the common property. Housework shall be regarded as income-generating labor;

c) Protection of the legitimate interests of each party in production, business and professional activities so that the parties have conditions to continue laboring to generate income;

d) Fault of each party in the violation of the rights and obligations of husband and wife.

Explanation: While the law suggests a 50/50 starting point, a skilled lawyer can argue for a larger share based on contributions or the other spouse’s “fault.” Because these arguments can save or gain a client billions of VND, the lawyer’s fee—and thus their “salary” for the year—is often a reflection of this high-stakes negotiation.

Divorce with Foreign Elements: Why International Law Firms Charge More

Divorce cases involving a foreign national or assets located abroad are significantly more expensive than local cases. This is because they fall under “foreign elements” as defined in Article 3.30 of the Law on Marriage and Family. An international law firm in Vietnam must possess expertise in Private International Law to handle these cases correctly.

Article 127. Divorce with foreign elements

1. The divorce between a Vietnamese citizen and a foreigner or between two foreigners permanently residing in Vietnam shall be settled at a competent agency of Vietnam in accordance with this Law.

2. In case a party being a Vietnamese citizen does not reside in Vietnam at the time of the request for divorce, the divorce shall be settled in accordance with the law of the country where the husband and wife have their common permanent residence; if they do not have a common permanent residence, Vietnamese law shall apply.

Explanation: This article establishes that Vietnamese courts have jurisdiction over foreigners living here. However, the process often involves “Judicial Mandates” (sending documents abroad), which is a time-consuming and costly procedure.

Under the Civil Procedure Code, the law firm in vietnam must navigate specific jurisdictional rules for these cases:

Article 469. General jurisdiction of Vietnamese Courts in settling civil cases with foreign elements

1. Vietnamese Courts have jurisdiction to settle civil cases with foreign elements in the following cases:

…d) Divorce cases in which the plaintiff or the defendant is a Vietnamese citizen or the parties are foreigners residing, doing business, or living long-term in Vietnam.

Explanation: Even if both spouses are foreigners, if they live in Vietnam (like Mr. Pascucci), the local court can handle the divorce. However, the requirement for legal documentation and certification services of the laws of Viet Nam and international service of process means the lawyer must perform much more work than in a standard domestic case. This extra labor is reflected in higher fees and higher average earnings for specialists in this field.

The Complexity of Child Custody and Support

The “salary” of a divorce lawyer also reflects the emotional and procedural difficulty of child custody battles. In the case of Mr. Bernard Pascucci, the firm had to analyze the child’s environment (living in a temple) and argue whether it was conducive to the child’s development.

Article 81. Persons directly raising children after divorce

…2. Husband and wife shall agree on the person directly raising the child and the rights and obligations of each party after divorce toward the child; if they fail to reach an agreement, the Court shall decide to hand over the child to one party to directly raise the child based on the child’s interests in all aspects; if the child is full 7 years or older, the child’s desire shall be taken into account.

3. Children under 36 months of age shall be handed over to the mother to directly raise, except where the mother is not eligible to directly look after, care for, nurture, and educate the child or the parents have another agreement suitable to the child’s interests.

Explanation: Lawyers must gather evidence to prove who is better suited to raise the child. If the child is over 7 years old, the court must listen to the child’s own wishes. Managing these interviews and protecting the child’s psyche while advocating for the client is a highly specialized skill that commands professional fees.

Furthermore, the obligation to provide child support (alimony) is another area of calculation. According to Article 116:

Article 116. Level of support

1. The support level shall be agreed upon by the person with the support obligation and the person receiving support or his/her guardian based on the income, actual ability of the person with the support obligation and the essential needs of the person receiving support; if they fail to reach an agreement, the Court shall decide.

Explanation: There is no “fixed table” for child support in Vietnam. It depends on the father’s income and the child’s needs. A lawyer in hanoi will often spend dozens of hours auditing the financial records of the parties to arrive at a fair number, which justifies the billable hours charged to the client.

Reasonable Lawyer Fees as Part of Legal Costs

In some instances, the court may even recognize the lawyer’s fee as a “reasonable cost” that the losing party must pay. While this is more common in commercial disputes, it is a growing trend in contested divorces involving property damage or breach of pre-nuptial agreements.

In Judgment No. 24/2020/KDTM-PT, the court ruled on legal fees as follows:

Ruling: “Force Mr. Nguyen Manh T to pay the reasonable costs that the plaintiff has spent to hire a lawyer, which is 200,000,000 VND (Two hundred million VND).”

Explanation: This shows that for high-complexity cases, a 200 million VND fee is considered “reasonable” by the Vietnamese courts. For a lawyer, handling just five such cases a year would result in a significant professional income, well above the national average for other professions.

Factors that Influence a Divorce Lawyer’s Earnings

Based on the sources and Unilaw’s internal records, we can identify four tiers of divorce legal work that dictate a lawyer’s income:

1. Standard Mutual Consent Divorce: Often handled via a flat fee (e.g., 5-15 million VND). These are high-volume, low-margin cases.
2. Unilateral Divorce: Requires more litigation, investigation of “marriage status”, and multiple court appearances. Fees usually start from 30 million VND upwards.
3. Asset Disputes: Where the “salary” of the lawyer often includes a success fee (percentage of the divided asset). In cases like the MTS share dispute, the fee could reach several hundred million VND.
4. Expat/International Divorce: Requires translation of legal documentation, consularization, and coordination with foreign agencies. Firms like Unilaw charge in USD or higher VND rates for this tier (e.g., 2,000 USD to 5,000 USD+ for full representation).

The Difference Between Court Fees and Lawyer Fees

Clients often confuse the “court fee” with the “lawyer’s fee.” The court fee goes to the State budget, while the lawyer’s fee is the professional’s income.

Resolution No. 326/2016/UBTVQH14 regulates these official costs:

“The plaintiff must bear the civil court fee in a divorce case regardless of whether the Court accepts the plaintiff’s request or not. In case of mutual consent divorce, each party shall bear 50% of the prescribed fee level.”

Explanation: Even if you win your divorce, you must pay the court. If your divorce involves property worth billions, the court fee is a percentage of that value. This is separate from what you pay your law firm in vietnam.

Conclusion: Is being a Divorce Lawyer in Vietnam Profitable?

The “average salary” is a misleading term in the legal profession. A junior lawyer in hanoi working for a small firm might earn a modest monthly wage. However, partners at an international law firm in Vietnam who specialize in high-net-worth divorces and international settlements (like the Pascucci or MTS shares cases) earn through a combination of high hourly rates and success-based bonuses.

Ultimately, a client is not just paying for a signature on a paper; they are paying for the strategic protection of their children’s future and their financial stability. As seen in the case of Mr. Nguyen Van Son, who chose to leave his assets to his wife and child to ensure their well-being after a long separation, the role of the lawyer is to ensure that such noble (or strategic) intentions are legally binding and permanent under the Law on Marriage and Family.

For those seeking representation, whether you need a law firm in hanoi or an international law firm in Vietnam, Unilaw remains a leader in providing transparent, fee-appropriate, and highly effective legal solutions for both domestic and foreign clients.

Administrative Guidance on Divorce: 253/TANDTC-PC — Article 51 Law on Marriage and Family; Article 39 Civil Code.