By Lawyer Nguyen Nhu Hai – UniLaw LLC

Professional Legal Representation and Fee Structures in Vietnam: From Criminal Defense to Commercial Litigation

Navigating the legal landscape in a foreign jurisdiction can be a daunting task for investors and individuals alike. Whether you are seeking a law firm in Vietnam to handle a complex commercial dispute or require a lawyer in Hanoi for a sensitive criminal matter, understanding how legal services are structured and compensated is crucial. This comprehensive analysis explores the legal framework governing international law firms in Vietnam, the rights of defendants in criminal proceedings, and the mechanisms for determining attorney remuneration and litigation costs. By examining real-world cases and statutory provisions, we provide a clear roadmap for those seeking professional legal assistance in Hanoi, Ho Chi Minh City, and throughout the country.

Defending International Clients: A Case Study in Criminal Representation

The importance of skilled legal counsel is best illustrated through the case of Mr. Tan Kean Huat, a Malaysian national who faced serious charges in Vietnam. In early 2026, Mr. Tan was accused of illegal possession of narcotic substances. This situation placed significant stress on his family, including his wife, Ms. Ng Pei Ling, and his brother, Mr. Tan Kean Boon, who sought the assistance of Unilaw, a recognized law firm in Hanoi.

The legal challenge was multifaceted, requiring deep knowledge of the 100% Vietnamese Code of Criminal Procedure, regulations on drug-related crimes, and the nuances of international consular support. Unilaw was formally invited to participate in the defense by Ms. Ng Pei Ling in April 2026. The legal team immediately embarked on a comprehensive defense strategy, which included coordinating with the family to gather essential personal and medical documents for Mr. Tan, his wife, and their son.

Furthermore, the international law firm in Vietnam assisted the family in navigating the administrative hurdles of notarizing and legalizing documents at the Embassy of the Socialist Republic of Vietnam in Malaysia. This was critical to ensuring that all evidence presented was legally valid within the Vietnamese court system. The legal team prepared the necessary applications to register as defense counsel and requested visitation rights with the defendant as per Vietnamese law.

As the case progressed through the investigation, prosecution, and trial stages, the defense focused on protecting Mr. Tan’s rights and exploring all mitigating circumstances. The result was the formal establishment of a robust defense that ensured the defendant’s voice was heard and his legal interests were protected under the strict requirements of the Vietnamese legal system. This case underscores that for foreigners, having a lawyer in Hanoi who understands both local procedures and international standards is indispensable.

The Regulatory Framework for International Law Firms in Vietnam

Vietnam’s commitment to international integration, particularly through its accession to the World Trade Organization (WTO), has opened the door for law firms in Vietnam with foreign investment. Foreign lawyer organizations are permitted to establish a commercial presence in the country through several forms.

Foreign lawyers organizations are permitted to establish commercial presence in Viet Nam in the following forms: Branches of foreign lawyers organizations; Subsidiaries of foreign lawyers organizations; Foreign law firms; Partnerships between foreign lawyers organizations and Viet Nam’s law partnerships.

This provision means that international legal brands can operate in Vietnam as branches, subsidiaries, or through partnerships with local firms, providing a bridge for international clients.

However, there are specific limitations on the scope of services these international law firms in Vietnam can provide. For instance, they are generally excluded from participating in legal proceedings as defenders or representatives before Vietnamese courts for certain matters, unless they employ Vietnamese lawyers who meet specific criteria.

Commercial presences of foreign lawyers organizations are permitted to make consultations on Vietnamese laws if the consulting lawyers have graduated from a Vietnamese law college and satisfy requirements applied to like Vietnamese law practitioners.

In simple terms, an international firm can advise on Vietnamese law, but only if the specific lawyer providing the advice has a Vietnamese law degree and is licensed to practice as a local lawyer.

To operate legally, these organizations must adhere to strict registration requirements. For example, a law firm in Ho Chi Minh City that is 100% foreign-owned must obtain a license from the Ministry of Justice and register its operations with the local Department of Justice.

Remuneration and Fees for Lawyers in Vietnam

When hiring a lawyer in Hanoi or a law firm in Ho Chi Minh City, the issue of costs and fees is often the primary concern for clients. The Law on Lawyers provides the framework for how remuneration is calculated.

Article 55. Remuneration is calculated according to the following methods: a) Hourly work of the lawyer; b) Case-by-case package remuneration; c) Remuneration calculated as a percentage of the value of the dispute or the value of the contract or project; d) Long-term contracts with a fixed remuneration.

This law allows clients and their lawyers to choose the most suitable payment model, whether it is paying for every hour worked or a single flat fee for a whole case.

Beyond the basic fee, other costs must be considered. These are usually negotiated and recorded in the legal service contract.

Article 56. Remuneration and costs in case a lawyer provides legal services according to a legal service contract: The level of remuneration is agreed upon in the legal service contract; for criminal cases where the lawyer participates in the proceedings, the remuneration must not exceed the ceiling remuneration level regulated by the Government.

This article confirms that while most fees are flexible, the government sets a maximum price for defense lawyers in criminal cases to ensure justice remains accessible.

Specifically, for criminal cases, the ceiling is linked to the state-regulated basic wage.

Article 18. Ceiling remuneration for lawyers participating in proceedings in criminal cases: The highest level for 01 working hour of a lawyer must not exceed 0.3 times the basic salary level regulated by the Government.

This regulation protects clients by ensuring that criminal defense lawyers cannot charge an hourly rate that exceeds a specific multiple of the national base salary.

Statutory Litigation Costs and Allowances

Apart from attorney fees, there are various “litigation costs” that parties may encounter during a trial. These are regulated by specific Ordinances to ensure transparency.

Litigation costs are the necessary and reasonable amounts of money that must be paid for the performance of litigation activities determined by the competent authority based on the provisions of this Ordinance and other relevant legal provisions.

These are the official expenses recognized by the court, such as fees for witnesses or property appraisals, which are separate from your lawyer’s private bill.

These costs include, but are not limited to:

• Costs for on-site viewing and appraisal.
• Costs for property valuation.
• Costs for expert assessment.
• Allowances for People’s Assessors (Hội thẩm).
• Costs for witnesses and interpreters.
• Costs for judicial entrustment abroad.

For example, if a law firm in Ho Chi Minh City represents a client in a case requiring a translator, the fee is governed by Article 168 of the Civil Procedure Code.

Article 168. Costs for interpreters and lawyers: 1. Costs for an interpreter are the amount of money that must be paid to the interpreter during the process of resolving a civil case as agreed between the parties and the interpreter or as prescribed by law.

Basically, if you need a translator in court, you have to pay them based on either a private agreement or the standard rates set by the state.

Specific rates are also established for court-related duties. For instance, the allowance for a People’s Assessor is set at 900,000 VND per day. Similarly, remuneration for witnesses or those invited for on-site appraisals is set at 200,000 VND per person per day. These standardized rates prevent arbitrary pricing for essential court functions.

The Impact of Court Fees on Commercial Disputes

In business, disputes often lead to litigation. Law firms in Vietnam must advise their clients not only on the merits of the case but also on the potential court fees (án phí), which are often based on the value of the dispute.

For commercial disputes with a specific monetary value, the fees follow a sliding scale:

• Disputes up to 60,000,000 VND: 3,000,000 VND.
• Disputes from 60,000,000 VND to 400,000,000 VND: 5% of the dispute value.
• Disputes above 4,000,000,000 VND: 112,000,000 VND + 0.1% of the value exceeding 4,000,000,000 VND.

This means the more money you are fighting for in a business lawsuit, the higher the entry fee you must pay to the court to start the case.

In a case involving the “Cancellation of resolutions of the General Meeting of Shareholders,” the dispute might be classified as “non-monetary” (không có giá ngạch), which carries a standard fee of 3,000,000 VND. Identifying the correct category is a vital task for any lawyer in Hanoi handling corporate governance issues.

Legal Aid and Representation for Foreigners

The Vietnamese state recognizes that access to justice is a fundamental right. For certain vulnerable groups, including children, the elderly, or those from poor households, litigation costs and even attorney fees can be waived or reduced.

Article 7. Persons exempt from advances for costs of on-site viewing and appraisal, and advances for appraisal costs; exempt from costs of on-site viewing and appraisal, and appraisal costs in civil and administrative proceedings: a) Children; b) Individuals from poor or near-poor households; c) Elderly people entitled to social protection policies….

If a person belongs to one of these protected groups, they don’t have to pay the usual deposits or fees for court-ordered inspections or expert reports.

For foreigners, the situation is governed by bilateral treaties and the principle of reciprocity.

Vietnam has signed many Agreements on mutual judicial and legal assistance on civil, family and criminal matters with many countries in the world. In these Agreements, there are provisions on court fees and procedural incentives; Specifically, such as: exemption from court fees, exemption from court fees and defense lawyer fees, free legal aid….

If your country has a special legal treaty with Vietnam, you might be eligible for free legal help or reduced court costs just like a Vietnamese citizen.

Even if no such treaty exists, the Vietnamese courts may still apply the principle of “reciprocity” (có đi có lại), provided it does not violate local or international laws. This allows for a degree of fairness for citizens of countries that treat Vietnamese nationals well in their own legal systems.

Professional Ethics and Discipline in the Vietnamese Legal Profession

The integrity of the legal profession is strictly guarded. Lawyers and law firms in Vietnam face significant penalties for unethical behavior or administrative violations.

Fine from 20,000,000 VND to 30,000,000 VND for one of the following acts: … d) Harassing clients; receiving or demanding any amount of money or other benefits outside the remuneration and costs agreed upon in the legal service contract; deceiving clients to the extent that criminal prosecution is not yet warranted.

This law prevents lawyers from bullying their clients for extra money or lying to them, with heavy fines for those who break these trust-based rules.

Other punishable acts include practicing without a valid certificate, using another person’s license, or providing legal services through an unregistered organization. These regulations ensure that when you hire a lawyer in Hanoi, they are genuinely qualified and accountable to the Bar Association.

Compensation for Non-Contractual Damages

Many legal disputes handled by law firms in Vietnam involve non-contractual damages, such as injuries to health, life, or reputation. The Civil Code defines what constitutes these damages.

Article 590. Damage caused by health being violated: 1. Damage caused by health being violated includes: a) Reasonable costs for treating, nourishing, and recovering health and functions lost or reduced of the person whose health is violated; b) Actual income lost or reduced….

If someone hurts you, they are legally required to pay for your hospital bills and the money you lost because you couldn’t go to work.

In addition to material losses, the law allows for compensation for spiritual loss (tổn thất về tinh thần).

The level of compensation for spiritual loss shall be agreed upon by the parties; if no agreement can be reached, the maximum level for one person whose health is violated shall not exceed fifty times the basic salary level regulated by the State.

If you suffer mentally or emotionally due to an injury, the court can order the responsible person to pay you an extra amount, capped at 50 times the state’s monthly base salary.

For violations of honor, dignity, or prestige, the cap is lower, at ten times the basic salary. Understanding these caps is essential for a lawyer in Hanoi when managing client expectations regarding settlement amounts.

The Vital Role of Evidence and Documentation

Whether in criminal defense or commercial litigation, the outcome often hinges on the quality of evidence. In Vietnam, foreign documents must generally be legalized and translated.

In one case involving DIC and EVN, the court noted that price quotes from foreign coal suppliers were not initially accepted because they had not been consularly legalized.

The first instance Court violated litigation procedures by not conducting entrustment to collect and verify documents and evidence, as well as not requiring the plaintiff to provide the coal price list of the foreign coal supplier that had been consularly legalized.

This highlights a crucial procedural trap: a lawyer in Hanoi must ensure that any document from outside Vietnam is officially verified by the government, or the court might refuse to look at it as proof.

Similarly, in a dispute between VCI and DS A regarding legal service fees, the necessity of judicial entrustment abroad was recognized because the defendant had only authorized a representative for mediation, not for the actual trial.

Therefore, judicial entrustment abroad to Company DS A is necessary.

If a business partner is located in another country like France, the court must follow a slow, formal process to send them legal papers, which your international law firm in Vietnam must be prepared to handle.

Conclusion: Selecting the Right Partner

Choosing an international law firm in Vietnam is not just about finding a name; it is about finding a partner that understands the intricate balance of statutory caps, procedural requirements, and professional ethics. From the criminal defense of individuals like Mr. Tan to the resolution of multi-billion VND commercial disputes between corporate giants, the role of the attorney remains the same: to act as a shield and a guide in the pursuit of justice.

Whether you need a law firm in Ho Chi Minh City for logistics contracts or a lawyer in Hanoi to navigate the complexities of foreign investment, being informed about the legal fee structures and the procedural landscape is your first step toward success. The Vietnamese legal system continues to evolve, offering more transparency and professional standards that align with international expectations, provided you have the right legal representation by your side.