Location: Vietnam - Ho Chi Minh City
Salary: Attractive package
Job Function: Legal - General
Sub-Industry: Real Estate / REITS Construction
Reference: JO-200207-211228
Job Description
  • To control and ensure the legality, compliance and enforceability of the Company’s plan and activities with both of (i) applicable law of Vietnam, and (ii) internal policies of the company and its shareholders’ instruction.
  • To support the company achieve the business objectives by seeking business lawful solution and/or indicating legal risks for the decision maker’s consideration.
 
Requirements
1. Real estate & Construction (main in charge)
Assisting technical & construction team in drafting and/or reviewing documents on the following matters of:
  • Deals & contract with the contractors, including EPC contracts, consulting services contracts, construction contracts and other contract related to construction works;
  • Advising on legal regulations and requirements on bidding progress, necessary approval, certificates, license, permits, and other legal matters
  • Negotiating with relevant parties to narrow any difference related to legal matters of the deal or plan
 
2. Corporate
Preparing institution documents with regards to
  • Corporate structure, assignment and authorizations;
  • Matters of JV agreements, 
  • Company’s charter and Subsidiaries’ charters
  • Restructuring, liquidating or closing-down any of the company’s subsidiaries.
 
3. M&A
Assisting Finance team & Investment team in reviewing documents on the following matters of proposing CEO on the necessity of engaging an outsourced law firm in charge, managing and following up with such engaged law firm for:
  • Acquisition of land, shares, business/properties, including LDD, reservation agreement, official acquisition agreement, etc.
  • Licensing process, including obtaining new Investment registration certificate, new Enterprise registration certificate, new seal of new subsidiaries to be set up;
  • Consulting with and seeking the competent authorities’ explanation, acceptance and approval to the Company’s investment plan in line with law; 
  • Negotiating with relevant parties to narrow any difference related to legal matters of the deal or plan.
 
4. Sales & Marketing  
Assisting S&M team in drafting and/or reviewing documents on the following matters of:
  • Deals & contract with the tenants/buyer, including lease agreement, sales & purchase agreement, logistics service agreements, etc;
  • Deals & contract with business partners, i.e. brokerage contract, sponsorship agreement, other vendors/advertisers, etc;
  • Advertisement & marketing claims in line with legal requirements;
  • Negotiating with relevant parties to narrow any difference related to legal matters of the deal or plan
 
5. Finance & Banking & Insurance
Assisting finance team in drafting and/or reviewing documents on the following matters of:
  • Advising on legal regulations and requirements on finance sectors (i.e. using foreign investment account, profits distribution, foreign currency control, foreign loans, etc.)
  • Advising on and reviewing documents on credit instruments (i.e. in principle agreement, loan agreement with bank, bank guarantee, etc);
  • Advising on and reviewing insurance policies
 
6. Customer services
Assisting S&M team and CS team in drafting and/or reviewing documents on the following matters of:
  • Generally advising on legal requirements and regulations on the lessor’s intended business;
  • Reviewing applications for IRC and ERC of the lessor;
  • Other free of charge legal services & advices for the lessor/customer.
 
7. Labor & employment 
Assisting HR team in drafting and/or reviewing documents on the following matters of advising on legal requirements and regulations on labor & employment;
  • Reviewing documents with regards to employments (i.e. probation/labor contracts, Internal Labor Rules, training contracts, company policies, and other documents in this regard)
  • Assisting HRM in settlement of any labor dispute, labor discipline, labor accidents, and other relevant matters in compliance with law. 
 
8. Taxation 
Assisting Finance and Accounting team in drafting and/or reviewing documents on the following matters of:
  • Advising on legal requirements and regulations on taxation (CIT, PIT, VAT, import/export duties, and incentives, double taxation agreement between Vietnam with other authorities);
  • Assisting CFO and AFM in settlement of any taxation matters (request of tax incentives, tax refund, tax referral; complaint against tax penalties, tax deferral in compliance with law).
 
9. IP
Assisting S&M team in drafting and/or reviewing documents on the following matters of:
  • Advising on legal requirements and regulations on protection of intellectual properties (i.e. trademark);
  • Managing and following up with IP licensed agency in charge for industrial properties (i.e. IPRs registration, IPRs enforcement & litigation, etc.);
 
10. Dispute resolution
  • Negotiating with the claimant/defendant for alternative dispute resolution;
  • Presenting on behalf of the Company and the CEO at the court and/or the arbitral tribunal for litigation cases; or
  • Proposing CEO on the necessity of engaging an outsourced law firm in charge, managing and following up with such engaged law firm for dispute resolution.
 
Additional Job Information
  • Bachelor's degree in law;
  • Vietnamese lawyer practicing license;
  • Strong time management and organizational skills
  • Fluent in English (written and verbal)
  • Logical thingking and business mindset
  • Ability to work effectively within a team and independently