Instructing Local Counsel in Vietnam: A Guide for Foreign Law Firms

Always for litigation and arbitration. Vietnamese-licensed counsel must conduct any case in a Vietnamese court or arbitration tribunal. Foreign counsel can attend, advise, and observe but cannot appear of record.

Almost always for transactions. Even where the transaction is structured under foreign law, Vietnamese-law aspects (corporate matters of Vietnamese entities, regulatory approvals, IP, real estate, employment) require Vietnamese counsel. Treating Vietnamese-law work as a side issue is a frequent source of error.

For specific advisory work. Pure Vietnamese-law questions (regulatory matters, sector-specific compliance, employment, tax) need Vietnamese counsel. Cross-jurisdictional questions can be efficiently scoped between foreign and Vietnamese counsel together.

Be explicit about scope. Vietnamese practice does not assume open-ended engagement; specify the matter, the deliverables, the timeline, and the budget framework. Open-ended instructions lead to scope drift and friction.

Distinguish advisory work from execution work. Advisory work (a memorandum on a specific question, a contract review, a regulatory analysis) is typically billed on a fixed-fee or capped-hourly basis. Execution work (filing, attending hearings, registering corporate changes) is typically billed on the actual time incurred plus disbursements.

Identify the lead foreign-law and lead Vietnamese-law counsel. For matters involving multiple jurisdictions, clarify which firm leads on which issues. Disagreements about lead role are a common source of inefficiency.

Confirm conflicts and engagement letters in writing. Vietnamese practice requires written engagement letters and conflicts checks. Allow 1-3 days for these formalities.

Email is the default. Email is universally used for substantive communication. Phone calls and video calls supplement email for time-sensitive matters or relationship building.

Set expectations on response time. Vietnamese practice generally has shorter response times than equivalent matters in some Western jurisdictions — same-day responses on substantive emails are common. Confirm expectations explicitly for time-sensitive matters.

English is standard for international engagements. I conduct all client communication in English with international clients. Vietnamese-language documents are summarised or translated as needed. Where simultaneous interpretation is required (for client meetings, hearings, or witness conferences), arrange in advance.

Time zones. Vietnam is GMT+7. Most international transactions can accommodate this through morning-Asia / afternoon-Europe overlap. For matters requiring frequent coordination across time zones, schedule a recurring video call to reduce email cycles.

Hourly rates in Vietnamese senior practice are typically USD 200-450 per hour for partners, USD 150-300 for senior associates. These are materially below comparable rates in most Western jurisdictions but command full senior-attorney attention.

Fixed fees are common for defined deliverables: a memorandum on a specific question, a contract review, a corporate filing. Fixed fees reward precise scoping and provide budget certainty.

Success fees (a percentage of recovery, capped) are permissible for monetary claims and can be combined with reduced hourly rates. They align incentives well in litigation and arbitration.

Retainers and capped budgets work well for ongoing engagements where workflow is predictable.

Disbursements (court fees, translation, notarisation, travel) are billed at cost. Translation in particular can be a meaningful expense for document-heavy matters.

Foreign documents in Vietnamese proceedings require notarisation, apostille (or consular legalisation if the home country is not a Hague Apostille party), and certified Vietnamese translation. The chain takes 1-4 weeks depending on the home jurisdiction.

Vietnamese documents in foreign proceedings require certified translation to the working language of the foreign forum and (depending on the forum) authentication. For international arbitration in English, certified translation alone is usually sufficient.

Translation quality matters. Sworn translators specialising in legal documents are the only acceptable choice for formal proceedings. Machine translation and casual translation create errors that can be exploited by opposing parties.

Document retention. I retain a complete electronic file for every matter for ten years and longer where regulatory requirements apply. This is standard practice and supports long-term advisory relationships.

Initial onboarding. A new matter typically begins with: an instruction email or call defining the matter; an engagement letter; conflicts check; agreed scope and budget framework. Time from instruction to active work: typically 2-5 business days.

Regular updates. I provide written updates monthly on active matters and immediately on significant developments. The cadence can be adjusted to your preference.

Document collaboration. Most international matters now use shared document platforms (NetDocuments, iManage, SharePoint) for substantive work. I am comfortable with all major platforms and am happy to work in your preferred environment.

Hearing coordination. Where you wish to attend a Vietnamese hearing in person or by video, I arrange logistics including (where appropriate) simultaneous interpretation.

Treating Vietnamese counsel as a low-cost outsource. Vietnamese senior practice is high-quality; treating it as commodity work invites lower-quality service. Engage senior Vietnamese counsel for substantive work.

Skipping conflicts checks. Vietnamese ethics rules on conflicts are similar to international standards. Confirm conflicts at engagement; do not assume.

Inadequate translation. Casual or machine translation creates errors that can prejudice substantive positions. Use sworn translators for any document that will enter a formal proceeding.

Late involvement on transactions. Bringing Vietnamese counsel in late — after the deal terms are finalised between foreign-law counsel — creates friction and missed opportunities to optimise structure for Vietnamese law. Engage Vietnamese counsel early in significant transactions.

Not aligning on dispute-resolution approach. Foreign clients sometimes assume Vietnamese counsel will pursue every available point through to judgment. Vietnamese practice typically prefers efficient resolution; clarify expectations on aggressive vs. settlement-oriented strategy at engagement.