Question 166. In a dispute over unlawful unilateral termination of LC, if an Employee’ claim is dismissed by the Court and an Employer requests reimbursement of lawyer fee which is under the legal services agreement between the lawyer and the Employer, will such request be upheld by the Court?


According to the Civil Proceedings Code, expenses for lawyer is borne by the claimant, unless otherwise agreed by both parties[1]. Therefore, unless both the Employer and the Employee have agreed in the LC as to who will bear the lawyer fees, the Employee will not be subject to the Employer’ lawyer fees. In practice, reimbursement of lawyer fees is more common among Common Law countries such as the United Kingdom and the USA than it is in Civil Law countries such as Vietnam. Request for reimbursement of lawyer fees is often dismissed by the Vietnamese Courts, despite the disputing parties have agreed to such payment in their contracts.

[1] Article 168 of the Civil Proceedings Code