Debt Recovery Litigation. Where your success determines ours

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1 Debt Recovery Litigation Where your success determines ours

2 2 Firm Overview Phuoc & Partners

3 3 Our Profile Phuoc & Partners is an independent law and consulting firm with integrated legal advisory and litigation practices. Focusing on our commitment to provide a one-stopservice to our international and domestic clients, we enable our clients to reduce their administrative overhead and focus on their core business activities. Phuoc & Partners responds on time, provides appropriate advice, has deep knowledge of local laws, and good communication skills... The Legal 500 Furthermore, Phuoc & Partners maintains close relationships with prominent law and tax firms in the Europe, the United States of America and Asia, to offer top-level advice and service for all domestic and international legal and consulting matters. Thus, we can count on a continuously growing number of wellknown clients. Phuoc & Partners professional partners and staff consist of nearly 60 attorneys, interns and staff (including two doctors of law and seven masters of law ((LLM)) working across three offices in Ho Chi Minh City (head office), Ha Noi (branch) and Da Nang (branch) to manage the legal matters of our foreign and domestic clients nationwide. Due to the firm's capacity to effectively advise and resolve domestic and foreign legal and consulting matters, Phuoc & Partners is the perfect choice for medium and large-sized businesses, international corporations, banks, and other financial institutions.

4 4 Testimonials At Phuoc & Partners, one of our most important goals is to achieve the best possible result for every client regardless of how large the assignment, how big the client or how much the legal service fee. We are enormously gratified when a client takes the time to express appreciation for our efforts in accomplishing their cases/assignments/projects. We would therefore like to share the following comments from some of our typical clients relating to our professional legal services. I was very impressed with your professional service. Friendly and informative. Very focused to take a good care of the clients professionally in a very good way with their pride. Mr. Takuhiro Homma, Homma and Tsujimura Partnership...Thanks again for doing such a great job at our place. We really appreciated your knowledge and professionalism.. We are absolutely satisfied with P&P s service and good working attitude Ms. Nguyen Thi Minh Trang, Chief Accountant of Unicare... We are extremely happy with P&P and especially with Mr Chuong whose professionalism is of high standard. P&P is especially specialized in Real Estate and JV Businesses as well as Tax advisory. Mr. Alex Hua, General Partner of Charter Century Group Ltd...We are completely satisfied with the service quality, price and the professional working attitude of P&P and do believe that P&P is one of leading and reliable companies in this field. Mr. Vu Quang Hiep, General Director of Hiep Phu Corp

5 5 Our Clients Numerous clients have engaged our Debt Recovery Services over the years, with most of them being foreign-invested companies, and multinational corporations from Europe, the USA and Asia. Because of confidential reasons, we cannot list down all their names. The underneath are some typical clients of our Debt recovery Services for your reference: ANZ Basf Dekalb Hochiminh Securities (HSC) HSBC Metro Cash & Carry Shell Vietnam Ltd Standard Chartered Bank Vinagame

6 6 Debt Recovery Litigation Phuoc & Partners

7 7 Debt Recovery Litigation Recovering Debts through the Court Taking legal action to reclaim a debt can be seen as a last resort, as often just the merest indication that you intend to bring legal proceedings will often be sufficient to make your customers settle. However, should your debt recovery processes fail, there are several points to consider before beginning any legal process. The court often expects your company to make an effort to resolve your dispute with the other party before your company s legal action. Therefore a court hearing takes place only after your company has tried to reach an agreement with the customer. Choosing an attorney Finding an attorney can be a challenge, and personal recommendations are often a good way to decide. Before you make a decision, ask the following questions: Is there any law firm specialising in debt recovery litigation? Does the law firm have a mediator or dispute resolution service that you can consider as an alternative option? How will you be charged a per hour rate plus expenses or by the percentage of the sum recovered? If they do business on a 'no win, no fee' basis, are there any hidden costs? Will you have to pay court costs? What We Do Our debt recovery litigation team provides a one stop shop from initial advice through judgments and enforcement. We undertake all methods of enforcement including charging orders and insolvency action. The debt recovery litigation team provides commercial advice at every stage of the litigation procedure.

8 8 Debt Recovery Process Flowchart As can be seen below, the processes for recovering debt can become quite demanding. Phuoc & Partners can assist you with navigating the unique business landscape that is Vietnam and ensure that your debts are recovered with the minimum difficulty.

9 9 Requirements for Debt Recovery Litigation The Client is to provide: Action taken by Phuoc & Partners: Instructions/authority to proceed with negotiated settlement on the company letterhead Upon receipt of client information an acknowledgement will be sent to client Full details of the debtor background and a summary of how the debt was incurred Monitor and archive all recovery activities associated with conduct of the case and provide situation updates. The current assessed principle debt and any interest charges If in Phuoc & Partners opinion the debt is not recoverable, client will be advised and provided with justification and any suggested future actions. Other supportive documentations such as invoices, bills of lading etc. Copy of any previous written demands made by client or third parties for payment and copy of any correspondence from debtor held in client files

10 10 Court Fee Schedule According to the Ordinance on court fees and charges taking effect on July 01, 2009, the levels of fees for court of first instance applicable to (i) civil litigation cases and (ii) economic and commercial litigation cases are as follows: Court of first instance for civil litigation cases Claim value Up to VND4,000,000 From VND4,000,001 to VND400,000,000 From VND400,000,001 to VND800,000,000 From VND800,000,001 to VND2,000,000,000 From VND2,000,000,001 to VND4,000,000,000 More than VND4,000,000,000 Up to VND40,000,000 Court fee in VND VND200,000 5% of the disputed property value VND20,000, % of the disputed property value exceeding VND400,000,000 VN36,000, % of the disputed property value exceeding VND800,000,000 VND72,000, % of the disputed property value exceeding VND2,000,000,000 VND112,000, % of the disputed property value exceeding VND4,000,000,000 VND2,000,000 From VND40,000,001 to 5% of the disputed property value VND400,000,000 VND20,000, % of the From VND400,000,001 to disputed property value VND800,000,000 exceeding VND400,000,000 Court of first instance for VN36,000, % of the disputed From VND800,000,001 to business and commercial property value exceeding VND2,000,000,000 litigation cases VND800,000,000 VND72,000, % of the From VND2,000,000,001 to disputed property value VND4,000,000,000 exceeding VND2,000,000,000 VND112,000, % of the More than VND4,000,000,000 disputed property value exceeding VND4,000,000,000 Note: The exchange rate applied for the above court fee schedule: 1 USD = 21,360 VND (according to the interbank average exchange rate of USD/VND affixed by the State Bank of Vietnam on 28 June 2013)

11 11 Our Debt Recovery Attorneys Phuoc & Partners

12 12 Our Debt Recovery Attorneys Phuoc & Partners' professional partners and staffs are a team of attorneys, interns and staff working across three offices in Ho Chi Minh City, Hanoi and Da Nang to take care of all the Debt Recovery matters of our clients nationwide. From Then until Now From only one attorney and administration staffer in 2003 through to today, with a team of over 60 attorneys, interns and staff including 2 doctors of law and 7 masters of law graduated from well-known western and Vietnamese universities, Phuoc & Partners has been growing and expanding with the increased needs and requirements of our clients. Our Debt Recovery Team We have a dedicated team of Debt Recovery Litigators including 3 Partners and 20 attorneys and staff of the firm. The majority of our administration is carried out by qualified attorneys which means an expert is always available for consultation. Our vast experience in dealing with difficult debtors in Vietnam give us an advantage in successfully and efficiently concluding your debt recovery matters. The following pages are profiles of the lead partners of our Debt Recovery Litigation Team.

13 13 Mr. Pham Quoc Tuan Title: Partner Mr. Tuan is a Partner of Phuoc & Partners, jointly heading up the firm s Dispute Resolution Practice. With more than 10-years of experience in settling conflicts and differences in the diversity of fields, the principle areas of which are commerce, civil, real estate, labour and insurance, he is highly regarded and acknowledged as an expert in Negotiation, Mediation, Arbitration and Litigation in Vietnam. Bar Admission Member of the Bar Association of Khanh Hoa Province, Vietnam Arbitrator of Vietnam International Arbitration Centre (VIAC) Education Program on Negotiation, Harvard Law School Master of Law (LLM) in International Commercial Dispute Resolution Law, the University of Westminster (UK) Bachelor of Laws (LLB) in Commercial Law, HCMC University of Law Mr. Tuan graduated from a Program on Negotiation at Harvard Law School and currently holds a Master of Laws in International and Commercial Dispute Resolution Law attained in the United Kingdom in He was previously admitted to the Bar Association of Khanh Hoa Province in Vietnam in 2006 after completing his Bachelor of Laws University of Ho Chi Minh City, majoring in commercial law and a Bachelor of Arts at the Ho Chi Minh City University of Economics. In that same year he was also a member of the Coordination Board of the Group of Young attorneys in Ho Chi Minh City, Vietnam. Before Phuoc & Partners, Mr. Tuan worked in several leading Vietnamese law firms, such as Lucy Wayne & Associates, Thang & Associates, Luat Viet Advocates and Solicitors and has also been a Legal Counsel and Manager for several multinational foreign invested enterprises in Vietnam.

14 14 Mr. Pham Quoc Tuan (cont) Title: Partner Education Cont. Bachelor of Arts (BA), HCMC University of Economics As a commercial attorney, Mr. Tuan has acted for various companies in joint venture, investment disputes, commercial contractual disputes, insurance and construction disputes including the infamous Park Hyatt Hotel case in Ho Chi Minh City. He has further represented and advised many other high-profile clients. The feedback received has also been magnanimous Mr. Tuan is an excellent negotiator, a renowned expert and knowledgeable advocate in litigation for all kinds of court and arbitration procedures. Mastering the skill of negotiation, Mr. Tuan is both locally and regionally recognized for his remarkable record, particularly in effectively resolving matters involving recovery of outstanding monies arising out from purchasing and selling the goods. His most recent work includes the successful defence of a wellknown multi-national oil and gas company in a labour lawsuit; the claim value was the biggest in Vietnam to date. The Asia Pacific Legal 500 has named him as one of the top litigators in the field of dispute resolution and as a recommended counsel for the civil disputes. As such, Mr. Tuan is regularly invited to international seminars in Singapore to speak on issues regarding Negotiation and Dispute Resolution in Vietnam.

15 15 Ms. Truong My Ly Title: Partner Ms. Ly has nearly 10 years of experience in corporate consulting, labour and employment matters, and foreign trade transactions. She advises companies on various issues related to foreign trade contracts, technology transfer contracts, and local restructuring plans. In addition, she also provides legal advice to foreign, international and diplomatic organizations in Vietnam. Professional Memberships Member of Vietnam Jurist Association Education Master of Law (LLM) in International Business Law, François Rabelais de Tours University (in Hanoi) Bachelor of Arts (B.A) in Economics Majoring in Foreign Trade, the Hanoi Foreign Trade University, 2002 Bachelor of Arts (B.A) in French, the Hanoi Foreign Language University, 1996 With her extensive experience and practice in the Vietnamese regulatory system, Ms. Ly is one of the leading experts in providing exhaustive and comprehensive advice on the current set of legal regulations. Her long track-record in this legal field makes her an idea candidate for all types of legal matters concerning share transfer, legal liability and investment ownership. Ms. Ly completed her Bachelor of Economics Degree from the University of Foreign Trade in Hanoi, majoring in foreign trade and her Master of Law from the François Rabelais de Tours University, majoring in International Business Law. Her clients include major multi-national companies and foreign diplomatic bodies.

16 16 Our Fees Phuoc & Partners

17 17 Our Fees We have a variety of reasonable fee packages for any considerable work and will discuss individual requirements. A one size fits all approach is not applied as each case is handled on its own merits. There are the following four main methods of fee charges: Hourly charge Fixed charge Successful charge Hybrid (fixed charge plus successful charge) No annual fee Fee charges will be quoted, subject to available information of debt sum, debtor location and debtor assets. Fee charges are exclusive of out of pocket expenses (court/arbitration fees, enforcement fees), VAT and other relevant costs (travelling cost, telephone, fax photocopies etc.).

18 18 Contact Information Should you require any further information regarding our services, please do not hesitate to contact us. We will endeavour to contact you as soon as possible, with a response specific to each of your enquiries. Your information will be treated as confidential and we will not be provided to any third parties. Website: info@phuoc-partners.com Ho Chi Minh City Head Office Address: 70 Quoc Huong Street, Thao Dien Ward, District 2, Ho Chi Minh City Tel: +84 (8) Fax: +84 (8) Hanoi Branch 10Ath Floor, CDC Building 25 Le Dai Hanh Street, Hai Ba Trung District Ha Noi, Vietnam Tel: +84 (4) Fax: +84 (4) Da Nang Branch Address: 6th Floor, HAGL Plaza Danang, 1 Nguyen Van Linh Street, Hai Chau Dist., Da Nang City, Vietnam Tel: +84 (511) Fax: +84 (511)