Greetings, I want to request SB Law to provide legal retainer service. What is your recommendation on the scope of work and the timing? Thank you very much.
SB Law thank you for your interest in our legal consulting services. Regarding your questions, we would like to advise as follows:
1. RETAINER SERVICES OF SBLAW
Our provision of services shall be as follows:
- Answering the questions on legal matters raised from business & management operation of the Client under Vietnam’s laws and regulations covering the following section: investment, commercial, corporate, employment, intellectual property and relevant laws (not including consultation for financial, tax, accounting – auditing);
- Preparation of minutes/resolutions in respect of internal management for Client;
- Preparation of resolutions and related documents of Client;
- Reviewing and/or preparing and finalizing drafts of communication between the Client and its partners, customers or competent authority;
- Reviewing and/or preparing service contract, labor contract, lease contract, warning letters etc. to be executed between Client and other relevant parties;
- Translating documents from English into Vietnamese and vice versa;
- Representing Client to liaison with the Competence Authorities or individuals, organizations as authorized representative;
- Representing Client to directly work with the Competence Authorities or individuals, organizations as authorized representative or entrusted lawyer to resolve related matters.
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:
- Telephone and/or facsimile;
- Direct conference
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 (05) minutes. Any call beyond ten (10) 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 twelve (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 and projects. Client shall not request for an emergency service which shall be attributed to their poor planning and miscommunications. SBLaw may require detailed clarification of projects in order to meet expectations and provide the best support and highest quality work.
3. STANDARD WORKING HOURS
SBLaw shall render legal retainer services for approximately six (06) or ten (10) working hours per month depended on the selection of the Client (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. Duration of time for traveling at Client’s request will be ½ of the working hour. In case the Standard Working Hours in a month is not depleted, the redundant time shall be automatically added into the Standard Working Hours of the next month. However, under no circumstance shall the Standard Working Hours in a month exceed one-hundred and fifty percent (150%) of Standard Working Hours.
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