Professional Legal Services for Expats in Vietnam

General Introduction

Living, working, or investing in Vietnam requires foreigners to understand and comply with the applicable legal regulations. The Vietnamese legal system differs significantly from international law in many areas, particularly in matters of family and marriage, property ownership, administrative procedures, and business activities.

This document provides both a general overview and an in-depth guide to essential legal services available to foreigners in Vietnam, helping ensure compliance with the law while effectively protecting their legitimate rights and interests.

Common Legal Challenges for Foreigners in Vietnam

Foreigners often encounter legal issues in the following areas:

1. Personal Administrative Procedures and Legal Documents

Foreign nationals residing in Vietnam must fulfill administrative obligations under laws governing the management of foreigners, including:

• Temporary or permanent residence registration (if eligible);

• Visa extension and application for temporary residence cards;

• Consular legalization and authentication of foreign-issued documents for use in Vietnam;

• Application for work permits or certificates of exemption from work permit requirements.

Legal basis: Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam (amended 2019); Decree No. 82/2015/ND-CP; Decree No. 111/2011/ND-CP on consular certification and legalization.

2. Marriage and Divorce Involving Foreign Elements

Registration of marriage or divorce between a Vietnamese citizen and a foreigner must comply with specific legal procedures and conditions:

Marriage:

• Both parties must satisfy marriage conditions under their respective national laws;

• Confirmation of marital status and legalization of relevant foreign documents;

• Registration of foreign-related marriage at the provincial civil status authority.

Divorce:

• Divorce proceedings at a competent court may involve issues such as international jurisdiction, application of foreign law, division of property, and child custody.

Legal basis: Law on Marriage and Family 2014 (Articles 126–128); Law on Civil Status 2014; Articles 464–470 of the Civil Procedure Code 2015; the 1970 Hague Convention and bilateral treaties (if applicable).

3. Property Ownership Rights in Vietnam, Especially Real Estate

Foreigners are entitled to own housing in Vietnam, but within strict limitations:

• May only purchase commercial housing in eligible real estate projects;

• Cannot own more than 30% of apartments in a single building or more than 250 units within a ward-equivalent area;

• May not own land; land use rights are obtained through lease, long-term lease, or joint ventures with local entities.

Legal basis: Law on Housing 2023 (Articles 17, 19, 159, 160); Article 4 of the current Land Law; Decree No. 95/2024/ND-CP; Law on Real Estate Business 2023.

4. Establishment and Operation of Enterprises – Compliance with Investment Law

Foreigners or foreign investors may establish and participate in enterprises in Vietnam but must comply with the following:

• Investment registration under Article 37 of the Law on Investment;

• Compliance with conditional business lines for foreign investors (Articles 7 and 9, Law on Investment);

• Fulfillment of obligations on taxation, labor, financial reporting, and internal governance;

• Compliance with regulations on profit repatriation and foreign exchange (Article 9, Decree No. 70/2014/ND-CP; Circular No. 186/2010/TT-BTC).

Legal basis: Law on Investment 2020; Law on Enterprises 2020; Law on Tax Administration 2019; Ordinance on Foreign Exchange 2005 (amended 2013); WTO and CPTPP commitments on market access.

Specialized Legal Services for Foreigners

2.1. Legal Consultation on Family and Marriage Matters Involving Foreign Elements

We provide comprehensive legal advisory and representation services in matters of family and marriage involving foreign elements, including:

1. Marriage Registration between a Vietnamese Citizen and a Foreigner

• Guidance on preparing documents such as marital status certificates, passports, visas, and valid identification papers;

• Legal advice and assistance with consular legalization of foreign-issued documents (if required);

• Assistance with registration of marriage at the competent civil status authority in accordance with Vietnamese law;

• Advice on the international legal effect of Vietnamese marriage certificates and their recognition in third countries.

2. Divorce Procedures Involving Foreign Elements

• Advice on conditions under which Vietnamese courts may have jurisdiction over divorces involving foreign elements;

• Preparation of divorce petitions and representation throughout court proceedings;

• Consultation on the application of foreign law (if requested) and recognition of foreign divorce judgments in Vietnam.

3. Child Custody and Division of Marital Property

• Advice on establishing custody rights and child support obligations for minor children;

• Legal analysis of the principles for division of common and separate property in marriages with foreign elements;

• Drafting or reviewing custody and property division agreements to ensure the client’s lawful rights are protected.

4. Prenuptial Agreements and Property Regimes

• Legal consultation on marital property regimes based on prenuptial agreements;

• Drafting of marital property agreements to establish separate property, ensuring fairness, clarity, and legal enforceability;

• Representation in notarization procedures at licensed notarial offices in Vietnam.

2.2. Legalization and Certification of Foreign Documents

To ensure foreign documents are recognized and legally used in Vietnam, foreigners must complete the following procedures:

1. Consular Legalization of Foreign Documents

• Guidance on the procedures for legalizing documents such as birth certificates, single status certificates, marriage certificates, powers of attorney, academic records, and criminal background checks;

• Advice on submission to the Consular Department or Department of Foreign Affairs depending on jurisdiction;

• Guidance on ensuring the legalized documents are valid for use in administrative or judicial procedures in Vietnam.

2. Certified Translation and Authentication of Bilingual Documents

• Certified translation of documents between foreign languages and Vietnamese, including contracts, civil status documents, legal records, and evidence;

• Consultation on choosing the appropriate agency (notarial practice or district-level Justice Division) for authentication;

• Review of content to ensure legal formality, linguistic accuracy, and compliance with Vietnamese legal standards.

2.3. Dispute Resolution and Legal Representation Services

We provide tailored support for foreigners in resolving disputes in civil, commercial, family, labor, and inheritance matters in Vietnam through flexible legal strategies:

1. Negotiation and Mediation

• Organizing neutral meetings to seek out-of-court settlements;

• Strategic advice on negotiation, particularly in contract, investment, and family-related disputes.

2. Court and Arbitration Representation

• Legal representation for foreigners in litigation before People’s Courts (provincial/municipal or supreme level) in civil, family, or business disputes;

• Legal advisory and representation before commercial arbitration centers in Vietnam (e.g., VIAC, PIAC) or international forums under arbitration agreements.

Benefits of Using Professional Legal Services

Using professional legal services not only helps foreigners comply with the law but also provides the following practical benefits:

1. Accurate Legal Guidance under Vietnamese Law

• The Vietnamese legal system is broad and frequently updated. With assistance from qualified legal professionals, foreigners receive clear, accurate explanations of applicable laws and procedures tailored to specific circumstances;

• Minimizes risks from misinterpretation or procedural errors, especially in foreign-related matters such as marriage, property ownership, business incorporation, and immigration.

2. Maximum Protection of Lawful Rights and Interests

• Legal services assist in drafting clear and enforceable contracts and agreements to prevent future disputes;

• In civil, labor, or commercial disputes, lawyers represent clients to protect legitimate interests in property, personal rights, custody, investment, or residency according to Vietnamese law and relevant international treaties.

3. Time and Cost Efficiency in Processing Procedures and Disputes

• With in-depth knowledge of Vietnam’s administrative and judicial systems, lawyers can complete documentation and procedures efficiently and accurately;

• Avoids unnecessary expenses due to document errors, contract invalidation, or improper litigation.

4. Ensured Legal Compliance and Risk Mitigation

• Assistance in legal compliance for tax, residence, investment, employment, land use, and other civil-commercial obligations;

• Reduces the risk of administrative sanctions, invalidated transactions, or denial of recognition for foreign judgments or documents in Vietnam.

Frequently Asked Questions (FAQ)

What documents are required for legal procedures in Vietnam?
Typically, the following documents are required:

• Valid passport and visa;

• Relevant personal documents (e.g., birth certificate, marriage certificate, divorce decree);

• Translated and legalized documents (if foreign-issued);

• Valid power of attorney if acting via a representative.

How long do legal procedures take in Vietnam?