INTERNSHIP REPORTGENERAL INTERNSHIP AT TRÍ NGHĨA LAW FIRM

Tri Nghia law firm with a team of lawyers, experts and collaborators are regularlytrained, professional and experienced in the areas of criminal, civil, labor, land, marriage -family, ba

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HANOI UNIVERSITY

FACULTY OF INTERNATIONAL STUDIES

INTERNSHIP REPORT

GENERAL INTERNSHIP

AT TRÍ NGHĨA LAW FIRM

Name: Trần Công Nguyên

Class: 3Q12 Student ID: 1206080058

Intership at: Trí Nghĩa Law Firm

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I would like to sincerely thank and deeply grateful for Drs, Masters and Instructors of Ha NoiUniversity , especially Drs and Instructors of the Faculty of International Studies has created thefavorable conditions for me to learning at school and spent time to guide me conduct this study.And I also would like to special thank Ms Ly Hai Anh, who was enthusiasm supporting me tocomplete the internship

In addition, I would also like to thank all leaders and colleagues in Tri Nghia law firm whohelped me a lot about the documents, experience and knowledge to complete the subject I wouldlike to give my honor thank to Mrs Nguyen Thi Ngoc Ha, who directly followed and support mecomplete the assigned works

During the internship, as well as in the course of report, I might make mistakes, I would like tothank and apologize for all Also due to the theoretical as well as practical experience is limitedled to the report is inevitable shortcomings; I would like to receive comments from Instructorsfor me to learn more experience and be better

Sincerely

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Table of Content

1 Opening 5

OVERVIEW OF TRI NGHIA LAW FIRM 6

I Overview of the formation and development 6

II About the establishment and business registration 7

FIRM’S ACTIVITIES 9

I the implementation of firm’s contract 10

1 Enterprises and 10

2.1 Company history 10

2.2 Organization chart 11

2.3 Product and service 13

2.4 Internship report 14

2.4.1 Job description 14

2.4.2 Task and responsibilities 14

2.4.3 Rights, authorities and support 15

2.4.4 Team and reporting log 15

Part 2: Internship project: Chapter 1: Introduction 17

1.1 Rationale 17

1.2 Research objective 17

1.3 Research methodology 18

1.4 Research scale 18

1.5 Research structure 18

1.6 Literature review 19

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In reality today in our country, the people who know the laws and can stand up to protectthemselves is very scarce; or those who actually know the laws of business cannot protectthemselves, their rights and interests before the law when disputes occur due to several reasons:

If they perform on their own legal obligations to protect their rights and interests, they will misstheir business opportunity during that time, or they could be unqualified to protect themselvesand prove their legitimate interests before the law

Therefore, in business they need legal advice so their business operations remainprofitable without breaking the law In daily life they need legal advice in order to address thelegal needs of themselves: As housing, marriage, family, business investment or when a disputeoccurs and their rights and interests are infringed upon, they need someone to stand up torepresent them and reclaim their rights when they are not capable of protecting themselves andtheir rights before the law; or when their life’s right and interest is compromised they will needsomeone with deep understanding of the law to represent for them in front of the law

To meet this increasing demand, the lawyer's office and the law firm was born Lookingforward to a better understanding of the operation of the law firm's work in practice, I chose TriNghia law firm

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OVERVIEW OF TRI NGHIA LAW FIRM

Meeting the needs of our country's integration in recent years, especially when Viet Nambecomes a member of WTO, Congress has enacted and revised laws to suit the practical needs,including whereby lawyers promulgate regulations consistent with the types of lawyers in theworld, to help our law to be enforced professionally and partly meet international requirements

in the process of integration that is: "transparency in legal matters" Accordingly, organizationalform of law practice is expanded larger than ever before and in line with the world, namely: InArticle 32, paragraph 1, 2006 regulations B, Lawyer’s Law: These lawyers can practice attorney

as law firm Therefore it does not matter if there is a lawyer's office or partnerships, now it could

be a limited liability company (LTD.) of 1 or 2 members (as defined in Article 34, Lawyer’s Law2006) This regulation contributes to the enhancement of the professionalism of Vietnameseattorneys for better integration with lawyers in the world

Tri Nghia Law Firm was founded in 2006 by lawyer Dinh Minh Tri and lawyer - Master

Le Trong Nghia With the wish to best serve the client in mind, Tri Nghia law firm has had somecertain successes Recently, to better meet the needs of clients as well as the need to develop andintegrate with the world, the firm has decided to change its name to Tri Nghia Partnership lawfirm

The firm was founded under the Operating License number: 01030011/TP/DKHD by theDepartment of Justice of the People's Committee of Hanoi This license allowed the firm tooperate in the areas of:

- Legal service in proceedings;

- Legal consultancy;

- Other legal services

Tri Nghia law firm with a team of lawyers, experts and collaborators are regularlytrained, professional and experienced in the areas of criminal, civil, labor, land, marriage -family, banking, intellectual property, the field of consulting for businesses, resolve economicand trade disputes by the court and Arbitration…

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Our team of corporate lawyers directly involved in providing legal advisory services tomany foreign investment projects in Vietnam, as well as legal assistance for foreign clients such

as Australia, South Korea, and China

The purpose of the firm is to build and maintain a solid and reputed team of lawyer in thefield of litigation, as well as experts in the field of business consulting

According to the provisions of Law No 65 lawyers/2006/QH 11 June 29, 2006 andDecree No 28/2007/ND-CP dated 26 May 02, 2007 by the Government implemented of somearticles of the Lawyer’s Law and pursuant to Circular No 02/2007/TT-BTP dated 25 May 04,

2007 guiding the implementation of some provisions of the Lawyer’s Law and the Decreedetailing and guiding the implementation of the Lawyer’s Law If a law office has 2 or moreowners then the office has to switch to law firm Therefore, under the guidance of Ministry ofJustice Tri Nghia law firm was renamed to Tri Nghia Partnership law firm

1 The form, the name and the firm’s office:

- The firm is in the form of a partnership law firm operating under the Law on Lawyersand other applicable regulations of the Socialist Republic of Vietnam

- Firm name: Tri Nghia Partnership law firm

- Address: 9 Vu Huu Loi str., Hai Ba Trung district, Hanoi

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FIRM’S ACTIVITIES

1 Enterprise and commercial consultant

The firm has extensive experience in helping businesses solve issues relating foreigninvestment and domestic investment in Vietnam

The firm's services include the drafting of documents related to investment, such as theapplication for investment, corporation charters, business cooperation contracts, joint venturecontracts, feasibility and leases/lease; and submitted the documents on to the competentauthorities of investment licensing, monitoring progress and received investment licenses tocustomers for establishing the company in Viet Nam The firm also supports customers who want

to open a representative office or subsidiary company in Viet Nam

In addition the firm also provides services in other fields such as drafting purchase/salecontracts, agency contracts, distribution agreements, establishments, merging and restructuringcompanies, business equitization, as well as market investigation services at the request ofcustomers

2 About Labor Law

The firm provides consulting activities in various fields related to Vietnam's labor, such

as drafting labor contract, working rules in the company, the collective labor agreement forsignature between the company and the company's trade union, the issues related to the law andthe policies of the state on wages, personal income tax, social insurance, hiring and firingworkers, as well as the mode of compensation upon termination of the labor contract, and theregime of compensation upon termination of the labor contract The firm has extensiveexperience in protecting the legitimate rights and interests of our customers in court when itcomes to disputes in the labor contract

3 Solving disputes

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Tri Nghia law firm has participated in solving many cases of economic and commerciallitigation, civil, especially in cases involving foreign elements in courts at all levels in Vietnam.The firm’s lawyers have had many experience in addressing the problems of disputes, includingdisputes over contracts to buy/sell goods, agency contracts, disputes over construction works ,house purchases, the disputes related to the joint venture contract and business cooperation.

4 Marriage

The firm provides legal consultancy services in all matters related to family law and legalprocedures relating to marriages with both domestic and foreign elements Our services includeconsulting to solve the problem of divorce, guardianship, foster dispute, division of mutualproperty and other related issues

In addition the firm also provides consulting services on issues such as marriage betweenVietnamese and foreigner as well as the legal procedures of adoption and guardianship

5 Intellectual property rights

The services in this area are very diverse, including the preparation and submission of anapplication for certification of industrial property rights for the trademarks, service marks,patents, solutions utility, industrial designs and copyright The firm informs clients about therequirements for the relevant documents as well as the procedures for registration and protection.The firm carries out the search at the request of customers on the subject of protection for manydifferent purposes such as: Measures the ability to register and the possibility of patentability;identify the shortcomings of the application and the ability to be patentable; identify theshortcomings of the application for protection The lawyers also prepare and check the licensecontracts, technology transfer contracts for clients

Tri Nghia Partnership law firm is a trusted address to individuals and legal entitieswishing to legal advice and representation needs in court litigation From inception to date, thecompany has successfully completed its contractual obligations, and is trusted by customers.Company operations are based on the principle of respect for the law, respect for democraticfreedoms of citizens, respect for their legitimate interests and security of what is right, andagainst these violations of the law, social ethics while participating in litigation to protect therights and legitimate interests of the parties

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The company has a team of experienced staff and is responsible for the work, along with

a team of collaborators that are very enthusiastic, talented and responsible in their work.Therefore, from its inception to date (starting when the company named Hoang Dam lawyer'soffice so far and Associates law firm partnership is Hoang Dam and Global), the company doesnot have a internal disputes arising, and no one disputes arising from the contract; Companiesalways get the praise of customers for the ability to fulfill the contract, as well as meet the legalneeds of our clients

The company is also conducting free advice to customers There are many customers whoare consulting firm did not need to sue in court and still meets your requirements, mainlybecause they do not master the law

According to the evaluation of me in the future, the Company will flourish; grow in size,about the quality

The services in this area are very diverse, including the preparation and submission of anapplication for certification of industrial property rights for the trademarks, service marks,patents, solutions utility, industrial designs and copyright The firm informs clients about therequirements for the relevant documents as well as the procedures for registration and protection.The firm carries out the search at the request of customers on the subject of protection for manydifferent purposes such as: Measures the ability to register and the possibility of patentability;identify the shortcomings of the application and the ability to be patentable; identify theshortcomings of the application for protection The lawyers also prepare and check the licensecontracts, technology transfer contracts for clients

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The intellectual property services of the firm include:

- Sign up for trademarks, patents and industrial designs and other industrial property objects;

- Down-shifting the possibility of protection;

- Draw up a contract licensing and technology transfer;

- Copyright slab;

- Renew the protection of intellectual property rights;

- The Service to detect and resolve violations of intellectual property rights;

- Take part in litigation to protect the interests of clients before agencies and arbitrationcourts concerning intellectual property

6 Civil Litigation and Criminal

The firm has a team of experienced lawyers, has been involved in litigation in thecommercial field and 2 criminal or civil in many major case The firm's services include:

- Litigation in the field of civil proceedings

+ Assets – related litigations, including collateral, pledge or guarantee, land disputes,such as buying and selling homes, real estate transfer, construction and inheritance;

+ Settlement of construction disputes, civil and towers;

+ Disputes relating to the credit agreement;

+ Resolve disputes over intellectual property;

+ Representing banks and financial institutions for debt collection;

+ Litigation in the field of insurance

- Litigation in the field criminal proceedings

+ Joined the largest cases;

+ Advice and participation in litigation cases involving drug-related crime andcommercial fraud

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+ Consulting and litigation in criminal cases in general.

7 Land and building ownership

The firm also provides services to all individuals and companies (public or private),banks, financial institutions, government agencies and the largest investor in Viet Nam We alsoprovide comprehensive legal services in all areas related to the issue of land property

Our services include consulting contracts to buy/sell to individuals or groups, sale ofassets or business buildings or to the joint venture construction and property development,consulting construction contracts, development leases/rentals

The firm helps conducts research on market surveys, analyzes the data and helps clientsidentify potential consumer market for their products as well as to prepare to invest in Viet Nam.Based on this data, the client and the firm will collaborate closely to develop the best possiblebusiness plan and marketing strategies

Tri Nghia law firm is known and recognized to be the expert in solving complex issuesrelated to the land use rights, mortgages and other matters related to land laws

The firm also supports customers in the preparation of documents for registration, apply

to the Ministry of Health, track job progress and application permit to register the product asprescribed medicines according to company's license, as well as pharmaceutical companies’import and sale licenses of pharmaceutical goods, cosmetics and the food and drinks inVietnamese market

The firm also provides services to all individuals and companies (public or private),banks, financial institutions, government agencies and the largest investor in Viet Nam We alsoprovide comprehensive legal services in all areas related to the issue of land property

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Our services include consulting contracts to buy/sell to individuals or groups, sale ofassets or business buildings or to the joint venture construction and property development,consulting construction contracts, development leases/rentals.

Tri Nghia law firm is known and recognized to be the expert in solving complex issuesrelated to the land use rights, mortgages and other matters related to land laws

The firm also supports customers in the preparation of documents for registration, apply

to the Ministry of Health, track job progress and application permit to register the product asprescribed medicines according to company's license, as well as pharmaceutical companies’import and sale licenses of pharmaceutical goods, cosmetics and the food and drinks inVietnamese market

The firm's services include applying for the paperwork and the following tasks:

+ Registration License for pharmaceutical company;

+ License registration for pharmaceutical products;

+ Registration of product quality;

+ Evaluation and selection of sales network

8 Market surveys

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In addition the firm also provides consulting services on issues such as marriage betweenVietnamese and foreigner as well as the legal procedures of adoption and guardianship.

With these areas of operation so wide, Tri Nghia Partnership law firm can still meet most

of the legal requirements of all clients Since the establishment, the firm has been the legal aidfor many actors in many fields, from legal advice for individuals and legal people to proceedings

in court to help the parties implement their citizenship

Operate in many fields, but the main fields of activity of the firm is banking, fromconsulting to litigation, protect the rights and interests of litigants in criminal cases It can be saidthat litigation is the main activity of the firm

Legal contract which the firm uses is the service contract, between the firm and the client(consultant or representative in court proceedings) Except where a lawyer involved in theproceedings at the request of the agency conducting the proceedings

Since inception (June 6/2007), Tri Nghia Partnership law firm has had many successfulcases, but the most outstanding ones are below:

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+ Consulted four marriage and family services include: counseling on birth registration,registration of marriage between a Korean and a Vietnamese, division of inheritance, divorce;Litigated and represented in the division of assets of inheritance and divorce case.

+ Rep litigation and counseling nine debt collection cases when there is a breach of thecontract of sale of goods between companies together

+ One criminal case on charges of robbery

+ One case of copyright disputes

+ A frequent consultant contract for one company

+ Four rep litigation and counseling land dispute

For legal consultancy contracts, typically the price ranges from five hundred thousand to

1 million dong, taking into account the effort of the consultants too

To understand the situation of consumer loans at Dao Tan trading office, I have consultedsome documents from various sources related to interest rates, credit risk and loans status atsome current commercial bank as a basis for the research

According to the Lao Dong Newspaper (2014), if the Bank continue to reduce interestrates, it will stimulate the consumer loans package but there still has potential risks

In fact, Since January 8/2014, Bank for Investment and Development of Vietnam (BIDV)has issued a credit package of 1.000 billion for retail banking loan with an interest rate of 7.8% /year Likewise, Saigon commercial Bank (Sacombank) has spent 4,500 billion for retail bankingloans to buy, build or repair the property

The loan amount can be up to 100% of the value, loan term up to 20 years, the interestrate of 6.88% / year, for loans with a term of less than 60 months in the first 6 months.Sacombank also spend 1,000 billion loans to buy cars for retail and wholesale banking to buycars with an interest rate of 8% / year in the first 6 months

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Banks such as Eximbank, ACB, VietABank, VietABank, etc also launched several loanprograms for small and medium wholesale banking, retail banking for buying car, house, inwhich, ABBank’s loan for medium and small wholesale banking had interest rate dropped to 4%/ year comparing with current interest rates.

Analyzing the interest rate of banks in the consumer loans package, financial experts Bui Kien Thanh said that: comparing with the previous time always around 20% / year so therate above was said to be quite low Whereby, the trend of consumer loan will be focused in thefollowing time

-"This is a new direction because business today is facing with difficulty to access theloans requires enterprises having to satisfy many different requirements Therefore, consumerloan is the sector that needed to be focused now” –said Banking expert Bui Kien Thanh

Moreover, in order to catch up on new trends, in business strategy from 2012 to 2017,Dao Tan trading center- VIB also enhanced in providing consumer loans services instead of loanforms in the previous time

Meanwhile, this also explains why the banks offer attractive interest rates for consumerloans by end of the year, Dr Cao Sy Kiem - former Governor of the State Bank in 2014 said thatthe economic situation was different because the inflation had been declining, the productionsituation were still having difficulty because the needs of people were quite low, so that thebanks had to decrease interest rates

However, in the case if retail banking fails to repay the bank loan, sueing is the only way,but sueing cost much money, this is the risk of the bank, "said Dr Hieu

For the civil services (the representation in court proceedings), the value of the contract is

as agreed between parties, usually equal to a percentage of the contract value

For criminal cases, the contract value comply with the provisions of law No.28/2007/ND-CP dated 26 May 02, 2007, detailing and guiding the implementation of somearticles of the Lawyer’s Law 2006 Specifically:

"The level of remuneration lawyers involved in the proceedings in the criminal case by the client and the law firm agreed in the contract and legal services are

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