Legal Advice Consultant

Terms of Reference For Legal Advice Consultant
Doc Ref: SRCVN_ES16AITORC3_1_170516

The Spanish Red Cross (SRC) is part of the world wide Red Cross and Red Crescent Movement assisting victims of conflict and disaster and people affected by social or health related crisis. The Red Cross movement provides to vulnerable people assistance without discrimination as to nationality, race, religious beliefs, class or political opinions and adheres to the seven principles of the Red Cross movement: Humanity, Impartiality, Neutrality, Independence, Voluntary Service, Unity and Universality.

SRC has been present in Vietnam since 2002 supporting its local partner, the Vietnam Red Cross (VNRC), to implement projects in the field of Disaster Preparedness and Response, Social Economic Inclusion and Capacity Building.

SRC holds the certificate of registration as Project office, which is valid until 2018.

I) OBJECTIVE: To enhance the level of compliance with the actual regulations on International NGOs Offices, the SRC is seeking for the consultancy services, to get professional support for closing down its Operations in Vietnam by 31 December 2016.

II) SCOPE OF SERVICE: To provide legal advice and professional service for closing down an office opened since 2002, based on the most updated Vietnamese Laws and regulations, considering the International NGO project office status. Areas to be considered as requested by Vietnamese Law for closing down:

1. Human Resources:
1.1. Staff Contracts: National and International Staff (Social insurance, staff books and work permits)
1.2. Severance Payments to be fulfilled

2. Financial component:
2.1. Tax obligation fulfillment: Personnel Income Tax, VAT, etc including mistakes and lost advice.

3. Any other related areas aligned with points 1 and 2 that the consultant might consider.

III) METHODOLOGY: The Consultant proposal should consider a working methodology based on the steps below, 1.1 to 1.3, indicating the period the consultant will need to complete each step.

1. Steps to be considered:

1.1. To assess the whole information available at SRC office mentioned in article II scope of service, which might be needed for closing down.
1.2. To elaborate and deliver a signed report covering the areas mentioned within the scope of service article. Details about the format of the deliverable report are shown below, 3. Format of the deliverable report.
1.3. To prepare and submit the required documents to correspondent bodies and follow up the process until receiving the feedback/ documents from the authorities. All mistakes, if any, after the report is endorsed by the consultant firm, are borne by consultant’s side, especially on tax matters.
1.4. Other tasks related to the topics assigned by Spanish Red Cross.

2. Deadline: The whole procedure, including the confirmation from relevant authorities if needed, should be completed no later than 30 October 2016, being aligned with the communication component of the Decree 12/2012/ND-CP.

3. Format of the Deliverable Report: There is not limitation for the frame to be presented, however clearly addressed:

3.1. What is the approach followed indicating the main steps undertaken and the time consumed. Detailed chart indicating; Area assessed, Law applicable, detailed findings and recommendations.
3.2. Steps to be followed to achieve the law and obligations fulfillment
3.3. Estimated cost of each step, if any

IV) DEADLINE for SUBMMISSION and Application form

• Interested Consultants are invited to send their offers in English no later than 12.00 on 30 May2016 to: Spanish Red Cross in Hanoi, Floor 7, 59 Quang Trung, Hanoi (Attn: Ms. Nguyen Hoang Diep, Admin and Finance Manager) or email: [email protected]
• Questions and clarifications: email: [email protected] (until 5 pm on 27 May 2016)
• Application Form: Please mention clearly on the subject: “Application for Legal Advice 2016”.
• Format of the Proposal: Please clearly separate the technical document from the financial offer:

Technical document considers and indicates:

a) The scope of job, law applicable for each area and number of previous years to review including 2016.
b) Methodology to be followed and the time estimated for each step
c) The Human resources allocated for the work and the period
d) d) Company profile and/or CV of consultant

Financial offer should include the service cost indicating:

a) Professional fee for the whole process indicating the cost of each step
b) Tax obligation (VAT or PIT if applicable)
c) Total amount including the Tax