Legal Advice Consultant

Terms of Reference For Legal Advice Consultant
Doc Ref: SRCVN_ES16ATORC240316

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 on Legal, Financial and Administrative issues, for closing down its Operations in Vietnam.

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. The deadline to end the whole close down process is 30 November of 2016.

Areas to be considered without no limitation:

Remark: Consultant should indicate what are the Laws or regulations affecting every step:

• Official and Legal Communications:
  
  • Relevant authorities
  • Relevant departments: PACCOM, DIPSERCO, TAX office, Social Security Office, stakeholders, partners,..

• Human Resources:
  
  • Staff Contracts: National and International Staff (work permits)
  • Severance Payments to be fulfilled
  • Tax obligation fulfillment: Personnel Income Tax, VAT,..
  • Last payments to staff and how to process them before the closing

• Financial and Administrative:
  
  • Office: To cancel the registration and License. Office Rent contract
  • Legal stamps, Legal signatures
  • Banking process: Funds to be repatriated, closing of Accs. and signatures specimen
  • Insurances: Office, goods and Personnel Private Insurance (SI-HI if any regulation)
  • Audits:

            - Technical Documentation
            - Financial Documentation: Procurements, Per Diems, VAT, PIT, etc

• Logistics and Assets Management:
  
  • Destination of the office goods. If any regulation.

• Documentation
  
  • Technical Docs or relevant documentation to be presented, if any, and documents to obtain for SRC

• Any other relevant areas needed

III) METHODOLOGY: The Consultant should present a guideline document, flexible in term of needed changes, to be followed by themselves to implement any step of the close down procedure.

The SRC has all the relevant legal and technical documents in place, including its internal office regulations and code of conduct. Then the recommended work methodology that the consultant should cover with the proposal submitted should include: (please indicate the period the consultant will need to complete each step)

• To assess the whole information available at SRC Vietnam office, which might be needed for closing down.

• To elaborate and sign a detailed guideline procedure covering, at least, the areas mentioned within the scope of service article. This guideline to be presented to SRC for approval, in both English and Vietnamese.

• To implement on time, no later than 30 November 2016, with fully responsibility, the steps indicated in the guideline by requesting the particular information needed from SRC office and providing feedback of any of the steps followed, once the particular information or documentation has been submitted to whom corresponds.(ensure on time submission based on Vietnamese Laws deadlines is consultants responsibility)
  
  • In case the Consultant could not legally do some of the steps, the consultant will provide guidance on how SRC should apply the procedure.

• To keep a clear and detailed Logbook of any of the steps followed.

• Provide a final report, based on the guideline, and of the entire process including all relevant original documents obtained which SRC might need to keep.

• Other tasks related to the topics assigned by Spanish Red Cross

Format of the Guideline manual: There is not limitation for the frame to be presented, however clearly addressed:

• What are the main steps applying which need to be followed

• Person in charge and roles for each step, or if SRC responsible clearly indicated.

• How to proceed in each step, indicating:
  
  • Law or regulation applicable
  • What to do and how to do it, including forms
  • What to present and Where to do it (Department, office and/or person to address, etc), if apply
  • Document to get after the submission

• Estimated cost of each step, if any,

• Tentative schedule for each step indicated to be implemented in the guideline, indicating sub steps and how many days will take each of the steps, and also the whole procedure timing.

IV) DEADLINE for SUBMMISSION and Application form

Interested Consultants are invited to send their offers in English no later than 12.00 on 8 April 2016 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 6 April 2016)

Application Form: Please mention clearly on the subject: “Application for SRC ToR Legal Advice 2016”.

Please clearly separate the technical proposal from the financial offer.

• Technical proposal should consider the scope of job, methodology and the form of the document. Methodology should indicates the human resources and the time frame for each step

• Financial offer should include:
  
  • Service Cost indicating:

             - Development of the guidelines
             - Professional fee to lead, support and follow up the whole process

  • Tax obligation (VAT or PIT if applicable)
  • Total amount including the tax.