I. Demand for using services of investment lawyers in Vietnam
The demand for investment lawyers in Vietnam has been steadily increasing, particularly in the context of significant development of investment activities. Both domestic and foreign investors need professional legal support to ensure the legality of their business operations, from licensing and project establishment to dispute resolution.
Investment lawyers not only provide legal advice but also play a strategic role in helping investors minimize risks and optimize business efficiency.
II. Scope of legal consultancy services provided by investment lawyers in Vietnam
Pursuant to Article 28 of the Law on Lawyers 2006, which provides for:
Legal consultancy activities of lawyers
- Legal consultancy means that a lawyer provides guidance, opinions, and assists clients in drafting documents related to the exercise of their rights and obligations.
Accordingly, the legal consultancy activities of lawyers are clearly stipulated as follows:
- Legal consultancy refers to the provision of guidance, legal opinions, and assistance in drafting documents related to the exercise of clients’ rights and obligations. Lawyers are entitled to provide legal consultancy services in all areas of law, not limited to a single sector.
- In the course of providing legal consultancy services, lawyers must help clients act in compliance with the law in order to safeguard their lawful rights and interests.
The legal consultancy services provided by investment lawyers in Vietnam include giving guidance, providing legal opinions, and assisting in the preparation of dossiers and documents related to investors’ rights and obligations. Based on Article 28 of the Law on Lawyers 2006, lawyers may advise on all legal matters related to investment activities, such as selecting appropriate forms of investment, applying for investment registration certificates, advising on incentive policies, land, tax, and commercial legal issues, and assisting clients in complying with applicable laws to protect their lawful rights and interests.
III. Working with investment lawyers in Vietnam
1. What steps do investment lawyers in Vietnam take in the legal consultancy process?
Investment lawyers in Vietnam perform the legal consultancy process through the following steps:
Step 1: Receiving and identifying the client’s request
- The lawyer meets with the client to clearly understand the investment objectives, project type, scope of operations, and related legal issues. It may be conducted through in-person meetings, telephone calls, or email to collect necessary information.
Step 2: Negotiating and executing the legal service contract
- After identifying the client’s requirements, the lawyer and the client agree on the scope of work, implementation time, service fees, and other terms of the legal service contract.
Step 3: Reviewing documents and identifying legal issues
- The lawyer analyzes the relevant dossiers and documents to identify legal issues that need to be addressed, thereby proposing appropriate advisory solutions in accordance with applicable laws.
Step 4: Providing legal opinions and implementation support
- Based on the analysis, the lawyer provides legal opinions in writing or verbally, assists the client in drafting dossiers, submitting applications, and working with competent state authorities to implement the necessary investment procedures.
Step 5: Follow-up and post-advisory support
- The lawyer continues to assist the client in monitoring the processing of dossiers, resolving arising issues, and ensuring the client’s lawful rights and interests throughout the investment process.
Such a process ensures that investors receive comprehensive legal support from the preparation stage until the completion of the investment project in Vietnam.
2. What information should investors prepare before working with investment lawyers in Vietnam?
Before working with an investment lawyer in Vietnam, investors should proactively prepare sufficient information and documents to ensure the highest efficiency of the advisory process, including:
- Legal information of the investor: Individual investors should prepare copies of their passport or citizen identification card; organizational investors should provide business registration certificates, company charters, financial capacity dossiers, or the most recent financial statements. These documents serve as the basis for the lawyer to assess the investor’s legal status and investment capacity.
- Proposed investment project information: The lawyer needs to clearly understand the client’s investment intentions, such as investment sector and industry, capital scale, proposed project location, implementation time, objectives, and development strategy. Such information helps define the scope of legal advisory required.
- Preferred form of investment: Investors should determine in advance the expected form of investment, such as establishing a wholly foreign-owned enterprise, joint venture with a domestic enterprise, capital contribution, share acquisition, or investment under a business cooperation contract (BCC). Each form involves a distinct legal procedure.
- Documents related to land use rights, assets, or projects: If the investor already has a proposed location or assets for investment, documents such as land lease contracts, land use right certificates, or legal dossiers of existing projects (in case of transfer) should be provided for the lawyer to review legal validity and feasibility.
- Relevant documents, contracts, or agreements (if any): Including memoranda of understanding, framework agreements with partners, non-disclosure agreements, draft charters, or commercial contracts, so that the lawyer can review legal risks and validity prior to official execution.
- List of specific legal questions or issues requiring consultancy: Investors should prepare a list of issues in advance, such as procedures for obtaining investment licenses, tax incentives, industry policies, or market access conditions. It helps the lawyer focus on main matters and save consultancy time.
Adequate and clear preparation of the above information not only provides the lawyer with a comprehensive view of the investment plan but also helps investors save costs, shorten timelines, and prevent legal risks from the outset.
IV. Duration of legal services provided by investment lawyers in Vietnam
The duration of legal services provided by investment lawyers in Vietnam depends on the nature and complexity of each matter. Generally, the timeline is determined based on factors such as:
- Scope and scale of the investment project: Large and complex projects may require more time to complete the necessary legal procedures.
- Type of services requested: For example, advisory services on enterprise establishment, contract review, or dispute resolution involve different implementation time.
- Cooperation and discussion of relevant parties: The duration also depends on the client’s timely provision of required information and documents, as well as responses from competent authorities.
Typically, legal services are performed in stages, with an estimated timeline specified in the legal service contract between the lawyer and the client. The duration may range from several days to several months, depending on the complexity of the legal issues involved.
V. Costs of using investment lawyer services in Vietnam
Pursuant to Clause 1, Article 56 of the Law on Lawyers 2006 (as amended in 2012), lawyers’ fees are agreed upon in the legal service contract.
For criminal cases in which lawyers participate in legal proceedings, the fees must not exceed the maximum rate stipulated by the Government. Specifically, under Article 18 of Decree No. 123/2013/ND-CP, lawyers’ fees in criminal cases is regulated as follows:
- Agreed upon by the client and the law office or law firm in the legal service contract, based on the grounds stipulated in Clause 1, Article 55 of the Law on Lawyers 2006 (as amended in 2012);
- Calculated on an hourly basis or as a lump-sum fee per case; however, the maximum fee for one hour of a lawyer’s work must not exceed 0.3 times the base salary stipulated by the Government.
- Lawyers’ working time shall be agreed upon by the lawyer and the client.
Accordingly, the costs of using investment lawyer services in Vietnam are determined based on agreement between the lawyer and the client. Pursuant to Clause 1, Article 56 of the Law on Lawyers 2006 (as amended and supplemented in 2012), lawyers’ fees are specified in the legal service contract. Such fees may be calculated on an hourly basis or as a lump-sum, depending on the nature of the work, and are based on factors such as project complexity, working time, and the client’s specific requirements.
For criminal cases, lawyers’ fees are prescribed by the Government under Article 18 of Decree No. 123/2013/ND-CP, whereby the fee must not exceed 0.3 times the State base salary per hour of work. In addition, other expenses such as travel, accommodation, and other reasonable costs incurred in the provision of legal services shall be agreed upon by the parties in the legal service contract (Clause 2, Article 56 of the Law on Lawyers 2006, as amended in 2012).
In terms of time, the lawyer’s working duration is agreed upon by the parties in the legal service contract, ensuring flexibility and suitability for the specific requirements of each investment project.
VI. Legal advisory services related to investment lawyers in Vietnam
Legal services provided by investment lawyers in Vietnam are increasingly attracting the attention of both domestic and foreign investors due to the demand for specialized legal support. Lawyers provide advisory services ranging from investment procedures and licensing to legal risk management. A clear working process and transparency in terms of time and costs help investors confidently implement their projects efficiently and in compliance with the law.
