in house counsel services
Post on 15-Jul-2015
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We understand that in this current economic
situation, hiring and paying monthly salary to a
lawyer might come at quite a cost for many
enterprises. Hence, to facilitate enterprises’ access
to professional and cost-effective legal solutions,
CNC has developed a service concept known as
“In-house counsel” exclusively for corporates. Under
this type of service, CNC’s lawyers will act as a
separate legal department of the enterprise and be
held responsible for providing legal solutions in
business operations of such enterprise. This In-house
counsel service allows enterprises to utilize the expert
strengths of each of our lawyer, including but not
limited to requiring multi-lingual consultation in
various areas of Tax, Labor, Trade…; or applying our
law firm’s relations and experience to quickly
complete various procedures; etc. In case of more
complex cases, CNC’s lawyers will be appointed to
work full-time at the headquarters of the enterprise.
The In-house counsel services comprises two
components, which are (i) corporate compliance
which are client's most critical issues and
opportunities i.e. trategy, marketing, organisation,
operations, technology, transpormation, digital,
construction and real estate, Merger and
Acqusition; and (ii) Legal advising services prefer to
specific legal issues, on a case - to case basis. These
two activities are closedly in with each others, and
to ensure proper, stable, and effective operations of
the corporation.
What activities does In-House Counsel Service
provide?
Contracts
• Evaluate and reexamine legal risks of signed
contracts and other related documents
(Contract Appendix, Contract Closeout
Statement, Agreement on Contract Termination,
etc.).
• Draft the following contracts: commercial,
cooperation, distribution, transfer, investment
and labor contracts.
• Participate in contract negotiation with partners,
customers, suppliers, vendors and lessors.
• Represent enterprises in settling disputes arising
from contracts.
• Advise on debt recovery matters.
Internal Control
• Advise corporate leaders on the organization
and management of branches, representative
offices, subsidiaries, internal departments, etc.
• Advise on the positions, roles and responsibilities
of internal departments and how to coordinate
work between departments within the enterprise.
• Examine legality of policies and internal
procedures issued by the enterprise.
• Propose amendment, supplement or repeal of
documents to be issued or already issued,
containing inappropriate content and in contrary
to the provisions of existing laws.
• Consult on the organization and participation in
the meetings of Board members, General
Assembly of Shareholders and Board of Directors;
examine legality of the documents issued by
such councils.
• Advise on resolving internal disputes between
limited partners (capital contributors) and
shareholders.
Labor
• Review legality of labor contracts in the process
of signing, amending, supplementing or
extending contracts.
• Draft Labor rules and regulations and Collective
Bargaining Agreement.
• Perform procedures related to foreign employees
such as: registration for work permit, visa, and
temporary residence card.
• Consult on training agreements and draft training
contracts.
• Consult on the forms and procedures to handle
labor discipline, termination of employment
contract and claim damages.
• Participate in and advise on labor dispute
resolution.
Administrative Procedures
• Implement procedures to amend business
registration contents and adjust investment
projects (supplement business sectors, office
relocation, change of legal representatives,
etc.).
• Perform procedures related to foreign labor:
apply for work permit, visa, temporary residence
card and individual tax code.
• Consult on and implement the procedures of
establishing Representative office and branch
supplementing rights of distribution, import and
export.
Legal Documents
• Develop a legal documents conservation system
governing the operation of the enterprise.
• Update information on state policies and
changes in legislation which might affect the
enterprise’s benefits.
• Instruct departments and units under enterprise
on legal compliance.
• Complete legal formalities and paperwork
related to the production and business activities
of the enterprise.
• Provide necessary forms for the operation of the
enterprise.
Corporate Support
• Advise and provide the enterprise’s units,
departments with the knowledge of law and
legal compliance.
• Assist enterprises in the process of working with
competent authorities.
• Translate legal-related documents as requested
by enterprises.
Fee-Charging Mechanism
There are 2 types of fee arrangement for enterprises
to select from:
Fixed fee:
Depending on the amount of work (include legal
consultation and services) estimated by enterprises,
CNC shall have an agreement with enterprises on a
monthly fixed fee. Change in volume of work
required to be executed shall not cause change in
the fee. It is anticipated however that in a special
situation where both Clients and CNC acknowledge
the adverse change in the works requires a
reasonable adjustment to the fixed fees to balance
interest of both Clients, and CNC.
Hourly rates:
Upon contract signing, CNC will provide enterprises
with the standard monthly working hours
commensurate with the service fees paid by
enterprises. Those standard working hours will be
utilized for implementing the tasks required by
enterprises, including consultation and legal
services.
Enterprises assign CNC enough tasks in order to use
up the standard working hours in each month. If
enterprises are unable to use all the standard
working hours within each month, the remaining
hours are allowed to be transferred to the following
month, and the subsequent months thereafter until
the 12th month. In this 12th month, if enterprises
have yet to use up the remaining hours, they will be
eliminated.
In case where the time needed to implement the
tasks requested by enterprises exceeds the standard
monthly working hours, CNC will offer another
preferential fee proportionate to the arising amount
of work. Our detailed fees are reasonably
calculated based on the number of years of
experience, professional knowledge, and skills of
lawyers. To receive accurate and up-to-date
information, please feel free to directly contact
CNC’s lawyers.
Forms of Service Provision
During the course of providing legal services, CNC
will appoint a Representative Lawyer to interact with
the enterprise. The Representative Lawyer will
receive requests from the enterprise’s departments
and subordinate units and assign such requests to
member lawyers with experience and expertise in
fields specific to the requirements of the enterprise.
In case of requests for consultation, CNC shall
provide legal solutions to enterprises by:
• Issuing an Advisory Letter via e-mail
• Consulting at CNC’s head office
• Directly consulting at enterprises
• Consulting at other locations as agreed
• Consulting via other communications means:
Skype, Facsimile, etc.
In case of requests for legal services, CNC shall
directly implement based on our agreement with
enterprises.
Requests for legal services require high level of
expertise and legal profession. For instance:
• Contract drafting
• Debt recovery
• Business license amendment
• Legal document translation
• Litigation at Court and Arbitration centers
Benefits of In-house counsel Services
Cost efficiency
In the course of operation, enterprises may face
many legal issues incurred in different fields. A
lawyer, however, can only possess good expertise in
certain practice areas.
Given the characteristics of a consultant company,
gathered here at CNC are lawyers with different
expertise. In lieu of employing multiple lawyers to
meet the requirements on Tax, Labor, Dispute
Resolution, Trade, Investment, etc., enterprises can
choose our In-house Counsel Service to experience
effective solutions for their diverse and complex
issues with the cost of only one lawyer.
Experience multiple services
Unlike other conventional legal services, In-house
counsel is a comprehensive package of all legal
services. With a prestigious lawyer team, CNC will
conduct all of the enterprises’ legal requests as a
specialized legal department.
Utilize a consultant company’s relations
Occasionally during the process of implementing
legal work, enterprises may need certain relations to
promptly promote some procedures. With many
years of experience working with relevant individuals
and organizations, we are always ready to assist
enterprises in the completion of work in the shortest
possible time.
Experience
Having experience helps minimize risks and save
time and cost for enterprises. Through years of
practice, CNC has approached a wide variety of
business cases, from which we form processes and
professional staff to meet the complex requirements
of enterprises.
Clients could reach us at
CNC VIETNAM CONSULTANT CO., LTD
Level 8, Vietnam Business Center Bldg.,
57-59 Ho Tung Mau St., Dist. 1,
Ho Chi Minh City, Vietnam
Tel: (+84-8) 6288 5128
Fax: (+84-8) 6288 5128
Email: contact@consultantcnc.com
Website: www.consultantcnc.com
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