The legal requirements for a social enterprise under Vietnam Law

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Question: We would like to establish a Social Enterprise in Vietnam. Please quote.

Answer:

We understand that you would like us to advise on the legal requirements for a social enterprise under Vietnam Law. We are therefore grateful to present you hereinafter our Legal Services Proposal for your review and consideration.

1.                      SCOPE OF SERVICES

Following works are proposed based on the request of Client. Any additional works shall not fall under the scope of this Legal Service Proposal Letter, but could be provided upon request.

1.1                  Phase 1: Providing legal opinion on:

  • Establish whether the Women Vietnam Business Coalition if established as a social enterprise could receive money via Abt Associates if they were legally registered for operation in Vietnam. Abt Associates is currently registered in a number of other countries including The Philippines, Nepal and PNG http://www.abtassociates.com.au/;
  • The different stages of the process to form a social enterprise (SE);
  • Options available for registration of a SE, and the most appropriate for the needs of Investing In Women e.g Limited company/ or non-stock company, number of directors;
  • List of documents and decisions required in order to initiate the SE registration process;
  • Legal duties, liabilities and responsibilities of director/shareholders;
  • Information on annual reporting requirements of an SE to relevant authorities;
  • Information on the process for removing/adding new directors;
  • Advise on process for winding up SE;

Information on timeline for the process and costs involved for stage two, including the legal fees.

1.2                  Phase 2: Establishment of pure local SE

  • Notifying application documents required in accordance with Vietnamese law;
  • Drafting application documents required for submission purpose;
  • Liaising with Client to discuss the draft application documents;
  • Amending the application documents based on Client’s comments;
  • Obtaining preliminary comments from the licensing authority on the draft application documents;
  • Finalizing the application documents following comments from the licensing authority; and
  • Submitting the application dossier to the licensing authority on Client’s behalf;
  • Monitoring and following up with the relevant authorities on the approval process;
  • Keeping Client updated on the developments and additional requirements, if any; and
  • Assisting Client in obtaining Enterprise Registration
  • Placing an announcement on SE on National Portal of Enterprise Registration;
  • Obtaining Seal Sample

2.                      PROFESSIONAL FEE & PAYMENT METHOD

The fee for SB Law to perform services as mentioned in 1 above will be as follows:

Phase 1: 673 USD (Six hundred and seventy three US Dollar);

Phase 2: 854 (Eight hundred and fifty four US Dollar).

The above fee is exclusive of VAT (10%). In case Client has inquiry for further clarification of issues outlined in the first Legal Opinion and actual time for responding to such inquiries exceed 3 times or 10 working hours, SB Law shall additionally charge 165USD/each actual working hour.