Terms of Reference (ToR)
Legal Advice - Vietnam
May 2023
ORGANISATION: Humanity & Inclusion (HI) (Legal Name Fédération Handicap International)
TERM OF REFERENCE: Legal Advice – Human Resources - Vietnam
CONTRACT TYPE: Service
1. BACKGROUND
1.1 ABOUT HUMANITY & INCLUSION
“Outraged by the injustice faced by people with disabilities and vulnerable populations, we aspire to a world of solidarity and inclusion, enriched by our differences, where everyone can live in dignity”
Humanity & Inclusion (HI) is an independent and impartial aid and development organisation with no religious or political affiliations operating in situations of poverty and exclusion, conflict, and disaster. We work alongside people with disabilities and vulnerable people to help meet their essential needs, improve their living conditions, and promote respect for their dignity and fundamental rights.
For further information about the association: www.hi.org [1]
Humanity & Inclusion (HI) in Vietnam is currently implementing several projects funded by USAID and other donors, its annual budget is about one million dollars with around 15 staff including national and expatriates. All staff have signed fixed term contract with HI
2. OBJECTIVE OF THE CONSULTANCY
The objective of this request for legal services is to provide HI (Vietnam) with expert advisory service, knowledge, strategy and improvement on the respective legal framework for HI (Vietnam).
Hence, HI (Vietnam) is seeking for proposals from attorney Service who are interested to provide legal advisory services regularly required by HI (Vietnam) as set in the scope of work below. The legal service will be consumed with maximum 120 working hours per year.
3. SCOPE OF WORK
The Attorney Firm shall provide full, prompt, accurate and expert legal services to HI. The services include, but not limited to, the following:
- The attorney shall perform legal advice on analysing the applicability of a new classification in relation to the legal framework of the country and the labour code and global frameworks into HI Vietnam policies and assist the HR department to update its classification grid of function descriptions (JDs) in line with legal requirements.
- The attorney should provide legal advice on the impact of deploying a new classification grid, employee’s contracts and potentially impact on update of salary positioning in line with legal requirements.
- The attorney shall provide regular information regarding to the change of laws, rules and regulations, directives related to HI’s activities and the potential impacts and opportunities of such changes within HR frameworks of HI.
- The attorney shall provide legal advice on the matters relating to labour law, reviewing employment agreement, contractual changes, roles and impact on salary positioning changes and other labour law related documents pursuant to Vietnam Laws upon the request of HI.
- The attorney shall work as a mediator in the labour issues, represent HI in collective bargaining negotiation. Shall advice on employment issues like redundancy, termination of employees if required.
- Review employees’ service rule and service conditions to confirm with Labour Act of Vietnam.
- Advice HI on legal issues including taxation, repatriation, employment of international employees based in Vietnam, Safe Working Cycle and other related government requirements.
- Shall remain in regular communication and shall response at the earliest on the HI’s queries, mails and shall maintain regular correspondences.
4. DELIVERABLES
HI would seek:
- draft response to questions from the legal advisor maximum within 1 week upon legal service is requested
- HI would provide request for clarifications (if any needed) within 1 week of receiving the draft response
- Legal advisor submits final answers maximum within 1 week of receiving the HI request for clarification
BUDGET
The applicant shall provide a detailed financial breakdown for each language related to the service with detail descriptions including taxes. HI will not cover any additional payment that are not included in the proposal.
HOW TO APPLY:
5. PROFILE OF THE LEGAL ADVISOR
Minimum profile
- At least 10 years’ experience in the field of contractual law and labour law
- Minimum 3 years of working experience in providing support to similar type of organization
- Good knowledge of legal procedures as governed by Vietnam
- Fluency (spoken and written) in English and Vietnam
Preferred:
- Applicants with knowledge / expertise on law affecting International NGOs
- Applicants with experience providing legal advice or representation to International NGOs on labour / employment matters
6. APPLICATION & FORMALITIES
PROPOSALS FROM INTERESTED LEGAL ADVISORS SHOULD INCLUDE:
- Curriculum vitae of legal advisor (or team of legal advisors) proposed
- Presentation of the Legal advisor’s firm
- Barrister certification (authorization to practice the law in the country)
- Legal Registration (as per consultant’s country of registration/incorporation)
- A financial proposal, inclusive of consultant rate per hours and applicable taxes
- 3 client references
Humanity & Inclusion encourages qualified people with disabilities or chronic illness and women to apply.
EVALUATION OF THE APPLICATIONS WILL BE MADE THROUGH A SELECTION COMMITTEE IN 2 PHASES:
- Administrative compliance:
- Completeness of application.
- Minimum profile criteria are met
- Bid Evaluation, as per weighted criteria below:
- Prior relevant experience Labour / employment legal advice or representation (30%)
- Prior relevance experience of legal advice to International NGO (30%)
- Relevance of means and schedule to ToR (10%)
- Financial offer (30%)
Only candidates who passed the administrative selection will be taken into consideration for the bid evaluation. Bidders may be invited for a (MS Teams/skype) interview. HI reserves the right to contact the applicants for further information before the final selection of the selection committee.
“Humanity & Inclusion is committed to protect the rights of the children and opposes to all forms of child exploitation and child abuse. HI contractors must commit to protect children against exploitation and abuse”.
THE DEADLINE FOR SUBMISSION OF PROPOSAL is June 15, 2023, 5:00 PM local time
PROPOSALS SHOULD BE SUBMITTED TO:
For Legal Advice on Vietnam law: [email protected] [2]
The subject of the email must be “Legal advice – global classification”.