Legal retainer service

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SBLAW would like to introduce the legal retainer service for enterprise as follows:

1.BRIEF INTRODUCTION TO SBLAW

SBLAW has been recognized as one of the leading and highly recommended business law firms in Vietnam. SBLAW advised clients in a wide variety including foreign and domestic investment consultancy, business law, intellectual property, banking and finance, corporate, commercial, property and real estate, tax, agreement and contract, arbitration and litigation, M&A, leasing, construction, employment, insurance, enterprise development and management.

SBLAW is a perfect choice for large and medium-sized businesses, local and international corporations and organizations. SB LAW is a full-serviced law firm, dedicating to many clients who have been working with us for many years, among IBM, AIA, TOTAL, ExonMobil, ESCO, HTC, CSC, LG, DBS bank, ICBC, ING Bank, Hong Leong Bank, Bridge Mind Consulting Pte., Ltd; Luxasia; DSM Singapore Industrial Pte., Ltd, Nippon Steel, Innovar Vietnam, SmartEbook.com, UBM, Netrove Venture, Argentina Embassy in Vietnam, MSH (non-government organization), ADRA, Military Bank, VICEM, VINACONEX, VNPT, VTC Online, VSTV, Vinacomin, Trung Nguyen Group, Kinh Do Group Corporation, HIPT, Viettel Real Estate,  VietsovPetro, member companies of PVN such as PVFC, PVFC Invest, PVFC Land, PVFI, …

Our Awards

The professional performance and services provided by SB LAW has been highly appreciated by both local and international clients.

▶          SB LAW is proud to be awarded by ASIALAW Profiles – the world a reputable organization on ranking the leading domestic law firms in Asia Pacific. The ranking are based on the recommendations of in-house counsel at the world’s most prominent companies and financial institutions, as well as the leading lawyers, attorneys and solicitors in each legal market.

▶          In 2012, SB LAW received honor award by The Legal 500, the most comprehensive worldwide coverage currently available on legal services providers in over 100 countries. SBLAW emerged winner among many other leading law firms in the country for our excellent quality of legal service.

▶          In 2012, SB LAW continued to be ranked for the professional achievement and experience in finance and banking by IFRL1000 (the Guide to the World’s Leading Financial Law Firms).

▶          In November 2012, SB LAW had one more feather to its cap, for being selected as one of the five law firms awarded by the People’s Committee of Hanoi for the achievement in consultancy to protect the rights and benefits of State and citizens.

▶          In 2013, SB LAW continued to be ranked for professional achievement and experienced in finance, banking and Intellectual Property by The Legal 500.

▶          In 2013, Mr. Nguyen Thanh Ha – Managing Partner and Mr. Pham Duy Khuong – Executive Partner of S&B Law are ranked as Leading Lawyers in Vietnam by ASIA LAW.

Experience in the field

▶          Provide legal retainer service for a group of Ascott Management Vietnam Company Limited; Somerset Hanoi Tower; Somerset Hoa Binh, Somerset Ho Tay, Somerset Thuy Duong;

▶          Provide legal retainer service for ESSAR PROJECT;

▶          Provide legal retainer service for FAMILY MART;

▶          Provide legal retainer service for FSOFT.

2.BRIEF INTRODUCTION ABOUT LEGAL RETAINER SERVICE OF SB LAW.

2.1.SCOPE OF WORKS

In the scope of this Proposal, Our provision of services shall be as follows:

–       Providing timely updates on circulars and reminders to Client in respect of statutory obligations under the Vietnam Investment Law and Enterprise Law, and other related laws of Vietnam. Whenever there is a new relevant law or enactment of any existing law, SB Law shall provide immediate legal update notice to Client with details of the updated content;

–       Providing clarification (if it is necessary) regarding to Legal Update Notice per requested by Client;

–       Preparation of minutes/resolutions in respect of Annual General Meetings and the related Director’s Meetings, notices, consent, corporate presentation forms and proxies for Client;

–       Preparation of standard Director’s resolutions and related documents pertaining to change of directors, secretaries and registered office;

–       Reviewing and/or preparing and finalizing drafts of communication between the Client and its partners, customers or competent authority;

–       Reviewing and/or preparing customer service contract, labor contract to be executed  between Client and other relevant parties;

–       Advising about dispute resolution arising in Company’s internal and  contracts signed between the Client and its partners;

–       Advising and guiding about the legal procedures related to state administrative, foreign labor issues;

–       Providing legal advices related to employment, wages, investment incentives;

–       Providing legal advices related to the investment project: Responding the questions relating to project in the field of legal and providing the settlement plans; consulting legal procedures and required steps to implement the project; Providing legal documents related to the project at the request of Client.

2.2.PERFORMANCE OF SERVICES:

The working relationship between SB Law and Client shall be based on the premise that SB Law shall act as the legal division of Client and the communication for different services shall be either in any or all of the following form:

–       Email;

–       Telephone and/or facsimile;

–       Direct conference; and

–       Authorized representative;

Both SB Law and Client agree that at no point of time shall the Services Performance provided by SB Law create an employer-employee relationship between the Consultant or Lawyer entrusted by SB Law (hereinafter referred to as “Consultant”) and the Client. The Consultant shall have no right to receive any employee benefits including, but not limited to, health and accident insurance, life insurance, sick leave and/or vacation. The working hours of the Consultant with Client shall be determined by SB Law but shall be reasonably enough to cover all the obligations towards Client.

The service charges of SB Law are applicable to, though it is not limited to, telephone calls, correspondence, e-mails, meetings, legal analysis and research, review and drafting of documents, depositions, conferences and travel. Client shall not be typically charged for occasional calls which would last for a few minutes, up to a maximum of five minutes. Any call beyond five minutes shall be automatically billed.

All the meetings shall be fixed by appointment and both SB Law and Client shall stick to the schedule. In case of any cancellation, an advance notice of minimum 12 hours shall be adhered. Missed meetings or cancellations without sufficient notice will be billed to Client.

Client shall appreciate that SB Law is a law firm doing business with many other clients and therefore Client shall provide a reasonable, fair and realistic notice to SB Law for their requests. In the case of requests for emergency situation, SB Law will arrange a reasonable time for priorities to meet the requirements of Client. However, to ensure for the provided service qualities, SB Law needs the reasonable time to collect, discuss about necessary details and do the legal research to meet expectations and provide the best support and highest quality work.

2.3.STANDARD WORKING HOURS

From our preliminarily discussion, we assume that with current business operation of Client, SB Law shall render its legal retainer services for approximately 15 working hours per month (hereinafter referred to as “Standard Working Hours”). SB Law shall warrant that its Consultant shall be available during normal working hours (from Monday to Friday, 8:30 am to 5:30 pm. National Holiday and weekends shall not be classified to normal working time). Time for which charges applied to Services requested by Client in Extra Time other than normal working hours as defined herein shall be duplicated.

Time for moving of  lawyer among the required address by Client shall be charged by ½ of service fee. In case the Standard Working Time in a month is not depleted, the redundant time shall be automatically added into the Standard Working Time of the next month. However, under no circumstances shall the Standard Working Time in a month exceed 18 hours.

Additional work beyond the scope of Legal Retainer Services as defined in Item or beyond the Standard Working Hours will be negotiated separately

2.4.RETAINER FEE AND BILLING PROCEDURES

Our retainer fee shall be 600 USD (U.S. Dollars Six hundred only) per month. The fee is exclusive of 10% VAT.

SB Law invoices will be sent one week prior to the commencement of the next service period start date. Amounts are due three (03) working dates before commencement of each service period start date. Paid retainer fee shall be non-refundable.

If the volume of work is exceed 15 hours per month, SB Law will notify to Client for confirmation and Client must pay for additional charge for Extra Time ( the reality time of work exceeds 15 standard working hours per month). Fee for Extra Time shall be automatically added into the Standard Working Time of the next month. Fee for Extra Time will be negotiated separately in the specific cases.

In case, Client requires SB Law to perform the specific task that is complex or deeply involved in legal procedures. These tasks require time, effort and exceed the limit standard working hour of this Proposal, SB Law will notify to Client to choose one of the following methods: (1) SB Law will perform this work under the Legal Retainer Contract; (2) or SB Law and Client will sign a separate contract to perform that job.

We typically render monthly statements. Each statement will include the fees for services rendered and the disbursements for services provided, such as postage, telephone, photocopying, word processing, delivery, computer research, staff overtime on specific rush projects, filing fees, messenger service and independent filing or search services. In some instances, disbursements for in-house services may include the indirect expenses associated with providing the service. Extra amount other than Retainer Fee shown on these statements are payable within ten (10) days after the date of the statements. Statements that are not paid within ten (10) days are assessed a late payment charge at the rate of one and one-half percent (1½%) per month on the unpaid balance.

With a team of experienced, professional qualifications and extensive knowledge lawyers, SB Law always commit to provide the legal services, particularly counseling contractual settlement disputes with QUALITY – EFFECTIVE – PROFESSIONAL and RELIABLE, SB Law believes and expects to become a legal advice division of Client to support, regular advice in the field of legal to Client.