Vietnamese law does not recognize the common law doctrine of attorney-client privilege. Lawyers are prohibited from disclosing information that they obtain in the performance of their professional responsibilities, except where the client agrees in writing to such disclosure or as stipulated by law. This means that lawyers owe obligations of confidentiality to their clients with regard to all information that remains in the lawyers’ possession. Documents or other evidence in the client’s possession are not subject to this obligation of confidentiality. Furthermore, the client may be compelled by the courts or competent authorities to produce relevant documents or information if an action is commenced.

As Vietnamese law does not recognize the common law doctrine of attorney-client legal privilege, there is no separate regime for in-house lawyers. In-house lawyers have the same obligation to maintain the confidentiality of documents and information provided to them by their clients, as well as that of their work product. In-house lawyers may also be subject to contractual obligations arising out of their employment contracts to maintain the confidence of documents and evidence provided to them by their employer. Naturally, in-house lawyers will be required to produce documents upon a valid request from competent Vietnamese authorities in the same circumstances as external lawyers.

There are generally no provisions on privilege for internal communications between two or more in-house lawyers under Vietnamese law. It much depends on the Policy/Code of Conduct of the entities that the in-house lawyers are currently working at to determine what kind of internal communications can be made in public or private. But generally in practice, any correspondence internally made, even with a disclaimer as privileged or highly confidential, can still be collected upon request from the courts and other relevant authorities. Entities may reserve the right to request courts or other relevant authorities to keep the materials confidential if such materials are related to trade secrets or personal information.

Vietnamese law does not distinguish between foreign and local lawyers for purposes of privilege.

The disclosure of information that is shared by a client with nonlegal professionals, such as accountants or tax advisers, is subject to the service agreements between the client and the nonlegal professionals. Even if a service agreement requires a nonlegal professional to keep all communications with their client confidential, the courts or competent authorities may, in circumstances provided by law, compel relevant persons or organizations to supply documents or other evidence to clarify the facts of a case.