Lawyers representing parties in civil labor cases have become an increasingly common choice for parties involved in employment relationships when labor disputes arise. The article below outlines the legal regulations governing lawyers in civil labor cases and addresses several related questions to help individuals and organizations protect their lawful rights and interests.
I. The current trend of hiring lawyers in civil labor cases
The trend of hiring lawyers in civil labor cases in Vietnam has been increasing significantly, accompanied by legal awareness among both employees and employers. It stems from economic fluctuations, corporate restructuring trends, and the growing awareness of legal rights and obligations among parties.
Engaging a lawyer from the early stages of a dispute enables parties to understand the strengths and weaknesses of their case, collect comprehensive evidence, and potentially reach an amicable settlement without the need for court proceedings.
II. Concept of lawyers representing parties in civil labor cases
1. What is a lawyer representing a party in a civil labor case?
Pursuant to Article 2 of the Law on Lawyers 2006, as amended in 2012, a lawyer is a person who satisfies all standards and conditions for legal practice as prescribed by law and provides legal services at the request of individuals, agencies, and organizations (collectively referred to as clients).
Pursuant to Clause 1 Article 179 of the Labor Code 2019, a labor dispute is a dispute concerning rights, obligations, and interests arising between parties during the establishment, performance, or termination of an employment relationship; disputes among employee representative organizations; and disputes arising from relationships directly related to employment relations.
Pursuant to Clause 1 and Point a Clause 2 Article 75 of the Civil Procedure Code 2015 (as amended and supplemented in 2025), a lawful rights and interests protector of a litigant is a participant in legal proceedings who protects the lawful rights and interests of such litigant. A lawyer participating in proceedings in accordance with the Law on Lawyers is one of the persons entitled to protect the lawful rights and interests of litigants upon their request and after completing the registration procedures with the Court.
2. The role of lawyers in civil labor cases
In a civil labor case, a lawyer plays the role of protecting the lawful rights and interests of the litigant (employee or employer). Specifically:
- Providing legal advice: Lawyers provide detailed guidance on labor law regulations relevant to the dispute, helping employees and employers clearly understand their rights and obligations.
- Drafting legal documents: Lawyers prepare legal documents such as complaints, petitions, lawsuits, negotiation documents, and other relevant paperwork to safeguard the interests of the parties.
- Participating in negotiations and mediation: Lawyers represent employees or employers in negotiations and mediation sessions before competent authorities to seek an appropriate resolution when disputes arise.
- Representing parties before the Court: If the dispute cannot be resolved through mediation, lawyers represent employees or employers in court proceedings to protect their lawful interests.
- Handling other legal procedures: Lawyers may assist with appeals and other legal matters when necessary.
III. Legal regulations relating to lawyers representing parties in civil labor cases
1. Obligations of lawyers representing parties in civil labor cases
- Pursuant to Article 21 of the Law on Lawyers 2006 (as amended by Clause 12 Article 1 of the amended Law on Lawyers 2012), lawyers are subject to the following obligations:
- Complying with the principles governing legal practice as prescribed in Article 5 of the Law;
- Strictly observing internal rules and relevant regulations when dealing with procedural authorities; maintaining a cooperative and respectful attitude toward procedural officers encountered during legal practice;
- Participating fully and promptly in proceedings when requested by competent procedural authorities;
- Providing legal aid services;
- Participating in mandatory professional training programs;
- Fulfilling other obligations prescribed by law.
- Pursuant to Article 76 of the Civil Procedure Code 2015 (as amended and supplemented in 2025), the rights and obligations of lawful rights and interests protectors include:
- Participating in proceedings from the time a lawsuit is initiated or at any stage of civil proceedings;
- Collecting and submitting documents and evidence to the Court; reviewing case files and taking notes or copies of necessary documents contained therein to protect the litigant’s lawful rights and interests, except for documents and evidence specified in Clause 2 Article 109 of the Code;
- Participating in mediation sessions, meetings, and court hearings, or submitting written arguments to the Court when unable to attend;
- Acting on behalf of litigants to request replacement of procedural officers or other participants in accordance with the Code;
- Providing legal assistance relating to the protection of litigants’ lawful rights and interests; where authorized, receiving procedural documents and notices from the Court and forwarding them to the litigants;
- Exercising the rights and obligations stipulated in Clauses 1, 6, 16, 17, 18, 19, and 20 Article 70 of the Code;
- Exercising other rights and fulfilling other obligations as prescribed by law.
2. In what cases may registration of a lawyer in a civil labor case be refused?
Pursuant to Clauses 3, 4, and 5 Article 75 of the Civil Procedure Code 2015 (as amended and supplemented in 2025), registration of a lawyer to represent a party in a civil labor case may be refused in the following circumstances:
- Conflict of interest: The lawyer represents multiple persons in the same case whose interests are adverse to one another.
- Failure to satisfy registration requirements: The lawyer fails to provide documents required under the Law on Lawyers 2006 (as amended in 2012), such as a lawyer’s practicing certificate, identification documents, practicing registration certificate, or the client’s request for legal representation.
- Refusal or request for replacement by the litigant: The litigant refuses the lawyer’s participation or requests replacement pursuant to Clause 14 Article 70 of the Civil Procedure Code 2015 (as amended and supplemented in 2025).
- Legal violations: The lawyer is being prosecuted for a criminal offense, serving a prison sentence, or subject to compulsory administrative measures such as mandatory rehabilitation or educational placement.
3. How is lawyers’ remuneration in civil labor cases determined?
- Pursuant to Clauses 2 and 3 Article 168 of the Civil Procedure Code 2015 (as amended and supplemented in 2025), lawyers’ fees constitute amounts payable to lawyers under agreements between litigants and lawyers within the scope permitted by law firms and applicable laws. Costs for interpreters and lawyers are generally borne by the requesting party unless otherwise agreed by the litigants.
- Pursuant to Article 55 of the Law on Lawyers 2006 (as amended in 2012), lawyers’ remuneration is determined based on the following factors:
- The content and nature of the legal services provided;
- The time and effort expended by the lawyer in performing the services;
- The lawyer’s experience and professional reputation.
- Remuneration may be calculated according to the following methods:
- Hourly rates;
- Fixed fees for a specific case or matter;
- A percentage of the claim value, contract value, or project value;
- Long-term service contracts with fixed remuneration.
4. Regulations on lawyers’ collection and submission of evidence in civil labor cases
Pursuant to Clauses 2 and 6 Article 76 of the Civil Procedure Code 2015 (as amended and supplemented in 2025), a lawful rights and interests protector has the right to collect and submit documents and evidence to the Court; review case files; and take notes or copies of necessary documents contained therein for the purpose of protecting the litigant’s lawful rights and interests, except for documents and evidence specified in Clause 2 Article 109 of the Code.
The lawyer also has the right, pursuant to Clause 6 Article 70 of the Civil Procedure Code 2015 (as amended and supplemented in 2025), to request agencies, organizations, and individuals currently possessing or managing documents and evidence to provide such materials.
IV. Questions regarding lawyers representing parties in civil labor cases
1. When should an employee hire a lawyer in a labor dispute?
Employees should consider hiring a lawyer when they are involved in complex labor disputes that they are unable to resolve through direct negotiation with the employer, or as soon as legal risks arise, such as:
- Unlawful dismissal, disciplinary action, or termination of an employment contract;
- Failure to receive salary, bonuses, social insurance benefits, or severance allowances;
- Labor disputes arising between employees and employers;
- Preparation for filing a lawsuit or when being sued before a Court;
- Labor inspections or investigations involving the enterprise.
2. What is the most appropriate time to hire a lawyer in a civil labor case?
The most appropriate time to hire a lawyer in a civil labor case is immediately when a dispute or the first sign of legal risk arises (such as unlawful dismissal, unpaid wages, or forced resignation). Early legal involvement helps prevent mistakes and facilitates the collection and preservation of crucial evidence.
Specifically:
- At the dispute stage: When an employer shows signs of unfair treatment, wage arrears, or unilateral termination of an employment contract. A lawyer can advise on negotiation strategies, protect lawful rights and interests, and identify weaknesses in the case file to formulate an effective legal strategy.
- During workplace mediation: A lawyer may act as a representative or advisor for the employee during meetings with a Labor Mediator or a Mediation Council.
- When preparing to initiate legal proceedings: If mediation fails and the employee decides to bring the case before the Court, involving a lawyer in drafting petitions, preparing supporting documents, and participating in litigation from the first-instance trial stage helps ensure procedural compliance and maximize the chances of success.
3. If an employee does not have a lawyer, can they protect their own rights in a labor case?
Pursuant to Clause 13 Article 70 of the Civil Procedure Code 2015 (as amended and supplemented in 2025), litigants have the right to defend themselves or request another person to protect their lawful rights and interests.
Therefore, even without a lawyer, employees are legally entitled to protect their own rights and interests in labor cases. The law grants litigants the right of self-representation, providing flexibility in resolving disputes.
4. Can a lawyer be replaced during the resolution of a labor case?
- Pursuant to Clause 14 Article 70 of the Civil Procedure Code 2015 (as amended and supplemented in 2025), litigants have the right to request the replacement of procedural officers or participants in legal proceedings in accordance with the provisions of the Code.
- Pursuant to Clause 2 Article 75 of the Civil Procedure Code 2015 (as amended and supplemented in 2025), the following persons may act as protectors of the lawful rights and interests of litigants upon the litigant’s request and after registration with the Court
5. Does hiring a lawyer increase the chances of success in a labor case?
Hiring a lawyer can significantly increase the likelihood of achieving a favorable outcome or prevailing in a labor dispute. This is because lawyers can:
- Accurately assessing the nature of the dispute: Lawyers help clients identify the strengths and weaknesses of their case and develop appropriate legal strategies, thereby avoiding unfounded claims or improper legal actions.
- Strengthening evidentiary support: Lawyers understand what types of evidence are required and how to present persuasive legal arguments before the Court.
- Providing effective advocacy: Lawyers directly participate in proceedings, defend clients’ rights and interests, conduct examinations and cross-examinations, and present compelling legal arguments to maximize protection for employees.
V. Why should you seek legal advice from NPLaw regarding lawyers representing parties in civil labor cases?
The above information is provided by NPLaw to address common concerns relating to lawyers representing parties in civil labor cases. With a team of experienced lawyers and legal professionals, NPLaw offers reputable and professional legal services, ensuring the best possible protection of our clients’ lawful rights and interests. If you require assistance with any legal matter, you may contact NPLaw for professional consultation and support.
The information provided above is for reference purposes only. Should you require detailed legal advice regarding a specific case, please contact NPLaw Firm for prompt assistance.
