Q: We are a foreign invested company in Vietnam and would like to find a labor lawyer in Vietnam.
Could you please provide us quotation of below questions:
Local Employee:
1. In agreement between employee and employer, could employer pay severance allowance to employee now (before termination LB)?
2. If employer pay severance allowance now, will there be no severance payment payable by the employer to the employee ever? (In case, employer pay unemployment insurance as labor law)
Expat join company before 2009:
1. In agreement between employee and employer, could employer pay severance allowance to employee now (before termination LB)
2. If employer pay severance allowance now, will there be no severance payment payable by the employer to the employee ever? According to labor law, expat no subject to pay UI.
3. If yes, we would like to negotiate to pay severance allowance at monthly salary, please advices strong sentence which clarify in labor contract to protect employer in dealing with employee.
Expat join company after 2009:
1. We would like to negotiate to pay severance allowance at monthly salary, please advices strong sentence which clarify in labor contract to protect employer in dealing with employee about the case.
A: This is reference to your email from which, we understand that we were requested to provide legal advice regarding to labor law to your company (Hereinafter referred to as “Client”). Thus, weare grateful to present you our Legal Services Proposal for your review and consideration.
1. Scope of works
Following works are proposed based on the request of Client. However, depending on the specific position/situation of Client, several work items may not be necessary. Meanwhile, other works may be required. SBLaw shall immediately advise Client the same upon review documents of the case. Any additional works shall not fall under the scope of this Engagement Letter, but could be provided upon request.
- Studying subject matters to be interested by Client.
- Studying Vietnam Law regarding to subject matters requested by Client.
- Providing Legal Opinion on subject matters under Vietnam Law.
- Explaining, clarifying if Client have any questions/ comments regarding the Legal Opinion (not exceed 10 working hours);
For avoidance of any doubt, the Legal Opinion is to answer following questions as quoted by Client in the Request for Proposal:
A. Local Employee:
- In agreement between employee and employer, could employer pay severance allowance to employee now (before termination LB)?
- If employer pay severance allowance now, will there be no severance payment payable by the employer to the employee ever? (In case, employer pay unemployment insurance as labor law)
B. Expat join company before 2009:
- In agreement between employee and employer, could employer pay severance allowance to employee now (before termination LB)
- If employer pay severance allowance now, will there be no severance payment payable by the employer to the employee ever? According to labor law, expat no subject to pay UI.
- If yes, we would like to negotiate to pay severance allowance at monthly salary, please advices strong sentence which clarify in labor contract to protect employer in dealing with employee.
C. Expat join company after 2009:
- We would like to negotiate to pay severance allowance at monthly salary, please advices strong sentence which clarify in labor contract to protect employer in dealing with employee about the case.
2. DELIVARABLES
The Deliverables will include documents prepared in English.
3. PROFESSIONAL FEE
3.1. The Price for performing the S&B Law services as mentioned in item 3 above will be VND 15,000,000 (Fifteen million Vietnam Dong). The fee is exclusive of 10% VAT.
Hourly rate for extra working hours for explaining, clarifying if Client have any questions/ comments regarding the Legal Opinion shall be 2,000,000VND/1 working hour.
3.2. Services fee shall be paid to S&B Law as follows:
– Within 03 working days from the date of signing the legal service contract, Client will pay for S&B Law an advance payment which equivalent to 70% of the total estimated services fee.
– Client willpay the remained fee and other cost and disbursement incurred on Client’s behalf within 05 working days from obtainment first drafted of legal opinion from S&B Law.
