By Lawyer Nguyen Nhu Hai – UniLaw LLC

HIGHEST PAID FIELD OF LAW IN VIETNAM – UNILAW

The Vietnamese legal market has seen a seismic shift since the country joined the World Trade Organization (WTO) and various high-level Free Trade Agreements (FTAs). For businesses looking for a law firm in Vietnam, understanding which legal sectors are the most specialized and high-valued is crucial. At Unilaw, we have observed that complexity often correlates with compensation. To illustrate the high stakes involved in elite Vietnamese legal practice, let us examine a landmark case involving international investment and complex arbitration recognition.

A 517-Billion VND Dispute: The Stakes of International Investment Arbitration

In a case recently handled through the Vietnamese court system (Decision No. 28/2023/KDTM-PT), the intensity of high-value commercial legal work was put on full display. The dispute involved GLOBAL PAYMENT SERVICE and UTC INVESTMENT CO., LTD (the Claimants) against VMG Media Joint Stock Company (the Respondent). The root of the conflict lay in a modified Share Purchase Agreement (SPA) dated February 21, 2017, concerning shares in VNPT Electronic Payment Joint Stock Company (EPAY).

The conflict escalated to the Singapore International Arbitration Centre (SIAC), which issued an Arbitral Award (Case No. ARB 186/2019/PLN) on October 14, 2019. The tribunal ordered VMG Media to pay the Claimants a staggering total of 517,151,136,532.0626 VND, plus significant interest. When the Claimants sought to have this award recognized and enforced in Vietnam, the case landed in the People’s Court of Hanoi.

The legal teams involved had to navigate the intricate intersection of Vietnamese Law, Singaporean Law, and the New York Convention 1958. The Respondent, VMG, argued against recognition on several grounds: first, that the SIAC tribunal exceeded its jurisdiction by deciding on non-contractual damages; and second, that the tribunal failed to apply Vietnamese Law as the governing law of the contract, which violated the fundamental principles of Vietnamese law.

The People’s Court of Hanoi initially decided not to recognize the award, but the case moved to the High People’s Court for appeal. The appellate court meticulously reviewed whether the tribunal followed the procedural rules regarding “Virtual Backgrounds” in online hearings and whether the disclosure of confidential case documents to a third party (EPAY) constituted a breach of confidentiality. Ultimately, this case highlights that the highest paid field of law in Vietnam is undoubtedly Cross-border Investment and International Arbitration. The complexity of defending a 500-billion VND award requires the specialized expertise of an international law firm in Vietnam with deep roots in both local and global regulations.

Foreign Direct Investment (FDI) and Corporate Restructuring

Beyond high-stakes litigation, the field of Foreign Direct Investment (FDI) represents one of the most lucrative and consistent areas for a law firm in Hanoi or a law firm in Ho Chi Minh City. Large-scale projects, such as the setting up of the a large FDI manufacturing client factory in Hai Phong with an investment of 1,260 billion VND (approx. 60 million USD), require months of specialized legal work.

Legal practitioners in this field must ensure strict compliance with the Law on Investment and the Law on Enterprises. For instance, when a lawyer in Hanoi assists a client like a Korean-invested technology client from Korea, they must navigate the specific commitments Vietnam made to the WTO.

Article 17 of the Law on Enterprises 2020 (and its predecessors) often dictates the capacity of foreign entities to establish presence. The law states:

“Tổ chức, cá nhân có quyền thành lập và quản lý doanh nghiệp tại Việt Nam theo quy định của Luật này, trừ trường hợp quy định tại khoản 2 Điều này.” [Reference to 2020 Law in 37, 285].

Explanation: This means that basically any person or organization has the right to open a company in Vietnam, provided they are not in the “forbidden” list, such as state officials or people currently being prosecuted for crimes. For foreign investors, this right is governed by both the Enterprise Law and the Investment Law.

FDI legal services often involve complex “Licensing Services”. This includes adjusting Investment Registration Certificates (IRC) and Enterprise Registration Certificates (ERC) when a company expands or changes its representative. For example, the a Japanese-invested distribution client joint venture required a 500,000 USD capital structure with a 65% Japanese and 35% Vietnamese split. Managing these ratios and ensuring the “Joint Venture Agreement” (JVA) is enforceable is a high-value skill that only a top law firm in Vietnam can provide.

Maritime Law, Logistics, and the Shipping Industry

Due to Vietnam’s extensive coastline and its role as a global manufacturing hub, Maritime Law and International Logistics is another field where legal fees are substantial. Disputes often involve the “Hague-Visby Rules” or the “Vietnam Maritime Code” and concern millions of dollars in cargo damage or vessel detention.

Consider the case of MV PACIFIC BEAUTY, involving a collision and complex claims handled by Shourai Marine Claims. In such matters, the legal analysis revolves around Article 92 of the Maritime Code 2005:

“Người gửi hàng có quyền định đoạt hàng hoá cho đến khi hàng được trả cho người nhận hàng hợp pháp.”.

Explanation: This legal clause gives the person sending the goods the power to decide what happens to them—such as stopping the delivery or changing the receiver—up until the moment the goods are officially handed over to the rightful recipient at the destination.

Another high-value maritime dispute involved Haesim Trading and a 72,214 USD Letter of Credit (L/C) payment triggered by a bill of lading from Company U2. The court had to determine liability when a seller failed to deliver goods despite an L/C being triggered by an issued bill of lading. Law firms in Ho Chi Minh City, near the Cát Lái and Thị Vải ports, frequently deal with these multi-party disputes involving banks, carriers, and international traders.

Intellectual Property (IP): Protecting the Assets of the Future

As Vietnam transitions to a technology-driven economy, Intellectual Property Law has become a high-revenue field. This involves not just trademark registration, but also complex patent infringement litigation and software copyright battles. Unilaw has assisted numerous clients, such as HostBill from Poland, in protecting software modules (like WebNIC V2) from local copyright theft.

In a significant pharmaceutical case (No. 13/2022/KDTM-ST), a plaintiff (Company L) sued Dong Nam Pharmaceutical for infringing on a patent for “Ivabradine” (used in heart medication). The court applied Article 205 of the Law on Intellectual Property to determine damages:

“Trong trường hợp nguyên đơn chứng minh được hành vi xâm phạm quyền sở hữu trí tuệ đã gây ra thiệt hại về vật chất cho mình thì có quyền yêu cầu Tòa án quyết định mức bồi thường theo một trong các căn cứ sau đây…”.

Explanation: If a company can prove they lost money because someone else stole their invention or brand, they can ask the court to make the thief pay. The payment can be calculated based on the actual money lost or the price the thief would have paid to use the invention legally.

In this specific patent case, the defendant was ordered to pay 500,000,000 VND in damages and an additional 300,000,000 VND to cover the plaintiff’s legal fees. When legal fees themselves reach hundreds of millions of VND for a single case, it is clear that IP is one of the most profitable sectors for a lawyer in Hanoi.

Banking and Finance: Debt Recovery in the Billions

The banking sector consistently generates high-value litigation. Disputes over credit contracts and asset mortgages often involve values exceeding 100 billion VND. For example, DIC Investment and Trading sued Vietnam DL Group for a debt recovery of 153,756,803,117 VND.

These cases require deep understanding of the Law on Credit Institutions and Resolution 01/2019/NQ-HĐTP regarding interest rates.

Article 306 of the Commercial Law 2005 is frequently cited:

“Trường hợp bên vi phạm hợp đồng chậm thanh toán tiền hàng hay chậm thanh toán thù lao dịch vụ và các chi phí hợp lý khác thì bên bị vi phạm hợp đồng có quyền yêu cầu trả tiền lãi trên số tiền chậm trả đó theo lãi suất nợ quá hạn trung bình trên thị trường…”.

Explanation: If a business partner is late in paying you, you don’t just get your money back; you also have the right to charge them interest on that late payment. The rate is usually based on the average interest rates charged by big banks for overdue loans.

In Case No. 209/2024/KDTM-ST, the court ordered a defendant to pay 775 million VND in principal and over 224 million VND in interest, totaling 1 billion VND. High-end law firms in Vietnam represent major banks like Agribank, Vietcombank, and Eximbank in recovering these massive sums, often through the realization of collateral like factories or land.

Real Estate and Mega-Project Development

Real estate remains a titan in the Vietnamese economy. Legal work involving Bất động sản (Real Estate) ranges from individual house disputes to the acquisition of entire projects. Unilaw has provided strategic advice for projects like Triệu Sơn and Xuân Trường, which face hurdles in Land Clearance (GPMB).

Acquiring a project often involves the transfer of land use rights under Article 189 of the Land Law 2013:

“Tổ chức kinh tế… được chuyển nhượng tài sản gắn liền với đất thuê… khi có đủ các điều kiện sau đây…”.

Explanation: A company can sell its factories or buildings that are on land rented from the State, but only if they have finished building them, have a proper “Red Book” (ownership certificate), and have paid their rent and taxes up to date.

For large developments like the Sky Garden 3 apartment transfers or industrial land leases in VID Hưng Yên, the legal work is intensive. Clients are often high-net-worth individuals or international corporations, and the law firms in Vietnam that can navigate the “land-use right” complexities are highly compensated.

High-Value Corporate M&A and Due Diligence

Mergers and Acquisitions (M&A) represent the pinnacle of corporate law. Unilaw provides “Due Diligence” services where we scrutinize every aspect of a target company—its taxes, labor contracts, IP, and litigation history—before a client invests millions of dollars.

A failed M&A or a poorly drafted share transfer can lead to years of litigation. For instance, in one case (No. 22/2020/KDTM-PT), a party sued for the return of a 600,000 USD deposit after an SPA for a titanium mining project went sour. The case involved Company C buying 40-45% of Company F shares, with the court eventually having to decide if the initial payment was a “brokerage fee” or a part of the capital transfer that must be returned if the deal is voided.

Article 129 of the Civil Code 2005 (and its equivalent in the 2015 Code) is often used to challenge these deals:

“Khi các bên xác lập giao dịch dân sự một cách giả tạo nhằm che giấu một giao dịch khác thì giao dịch giả tạo vô hiệu, còn giao dịch bị che giấu vẫn có hiệu lực…”.

Explanation: If two people make a “fake” contract to hide what they are actually doing (for example, saying they are renting a company when they are actually buying it), the fake contract is cancelled by the court. The “real” hidden deal might still be valid, but only if it follows the law.

Why Choose an International Law Firm in Vietnam?

Given the complexity and the high value of these fields—Arbitration, FDI, IP, Maritime, and M&A—clients cannot afford to hire inexperienced counsel. An international law firm in Vietnam like Unilaw offers several advantages:

1. Bilingual Expertise: As seen in many cases, courts often demand that documents like Share Purchase Agreements or Maritime Bills of Lading be translated into Vietnamese and notarized. Mistakes in translation can change the outcome of a billion-dong case. Unilaw specializes in “Legal Translation” and ensures that the nuances of English common law concepts are accurately represented in Vietnamese civil law procedures.

2. Cross-Jurisdictional Knowledge: Many disputes involve foreign law (e.g., UK Law for maritime or Singapore Law for arbitration). Unilaw lawyers understand how to coordinate with foreign experts and how to argue for the application of foreign law in Vietnamese courts when applicable under Article 5 of the Commercial Law.

3. Local Presence in Key Hubs: Having a law firm in Hanoi allows for direct interaction with central government ministries (like the Ministry of Justice or Ministry of Planning and Investment). Having a law firm in Ho Chi Minh City provides proximity to the country’s largest commercial and industrial centers. Unilaw covers both, providing a seamless legal bridge for our clients.

The Evolution of Legal Fees in Vietnam

The method of calculating thù lao (legal fees) in Vietnam is regulated under Article 55 of the Law on Lawyers. Fees can be based on hourly rates, a fixed package for a case, or a percentage of the contract value or project value.

Article 55. Thù lao (Legal Fees):

“Thù lao được tính theo các phương thức sau đây: a) Giờ làm việc của luật sư; b) Vụ, việc với mức thù lao trọn gói; c) Vụ, việc với mức thù lao tính theo tỷ lệ phần trăm của giá ngạch vụ kiện hoặc giá trị hợp đồng, giá trị dự án…”.

Explanation: Lawyers in Vietnam can charge in three main ways: by the hour, a fixed “all-in” price for the whole case, or a percentage (bonus) of the total money involved in the deal or the court case.

For the highest paid field of law in Vietnam, firms often use a combination of these methods. A 15% success fee on a 50-billion VND debt recovery, for instance, represents a significant transaction. This reflects the high level of responsibility and the technical skill required to win against sophisticated opponents.

Conclusion: The Future of High-End Legal Practice

Vietnam is no longer just a destination for low-cost manufacturing; it is a sophisticated hub for international trade, high-tech IP, and massive energy projects. Whether you need a lawyer in Hanoi to handle a constitutional interpretation or a law firm in Ho Chi Minh City to manage a maritime arrest, Unilaw stands ready. The fields of International Arbitration, FDI, and Intellectual Property will continue to lead as the most prestigious and highest-compensated legal sectors in the country. By combining global standards with a deep understanding of local Vietnamese procedures, Unilaw ensures that your business interests are not just represented, but aggressively protected.

If you are navigating a complex investment, a maritime dispute, or an IP infringement, contact Unilaw today. Our track record in multi-billion VND cases and our experience with world-class international clients make us the premier law firm in Vietnam for those who demand the best.

1. Global Payment Service vs VMG Media – Case No. 28/2023/KDTM-PT – Cited: Resolution 01/2014/NQ-HĐTP, Law on Commercial Arbitration 2010.

2. Company L vs Dong Nam Pharmaceutical – Case No. 13/2022/KDTM-ST (Patent Infringement) – Cited: Article 205 Law on Intellectual Property.

5. Haesim Trading vs Company S1 & U2 – Case No. 29/2025/KDTM-PT – Cited: Article 357 Civil Code, Commercial Law.