One of the most commonly used types of contract in social life is the service contract. However, you may not be familiar with this type of contract. Let's find out with EZ in the article below!
1. What is a service contract?
According to the provisions of Article 513 of the Civil Code 2015: “A service contract is an agreement between the parties, whereby the service provider performs work for the service user, the service user must pay for the service to the service provider”. “Work” becomes the object of a service contract only when it is possible to perform, does not violate the prohibition of the law, and at the same time must not be contrary to social ethics.
1.1. What should be included in the service contract?
A service contract can be a place where the service provider and the service user agree on:
Contract Objects
Service prices
Service completion deadline
Payment term
In case of termination of the contract
Dispute resolution
Obligations and responsibilities of the parties…
1.2. Service contract classification
Currently, there are many types of service contracts being used such as:
Security service contract
Consulting services contract
Accounting service contract
Legal services contract
EZ also provides you with a sample legal service contract:
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
LEGAL SERVICES CONTRACT
(No. …………./20.…./HD)
– Pursuant to the 2015 Civil Code No. 91/2015/QH13 of the Socialist Republic of Vietnam
- Base ……………… ;
- Base ………….. ….;
– Based on the request of the service lessee and the Company's ability to provide legal services ………….
Today, day … month … year …, at ……………………..
We include:
Service lessee (Party A):
Representative:…………… ……….………………….…………………………………...
Position:………………….… … ……………….…………………………………………
Address:………………… ……….………………….………………………………………
Telephone:………………….…………… ….……………………………………………...
The lessee provides the service (Party B):
Representative:………………….……………….…………………………………………
Position:…………………….………………….…………………………………………..
Address:………………….………………….……………………………………………….
Telephone:……………………….………………….………………………………………
After discussing and discussing, the two parties agree to sign a legal service contract with the following terms:
Article 1. Case content and legal services
1.1. Contents of the case: ……………………. ………………………………………………………………………………………….
……………………..……………………..
1.2. Legal services: …………………….…………………….…………………….
……………
Article 2. Remuneration, expenses and payment methods
2.1. Remuneration:
– Hourly […… ]; By date [……]; Monthly […….];
– According to the case with a fixed remuneration […………];
– According to the case with the rate of remuneration […….];
– Other agreement …………..………….……………………………………………………..
2.2. Expense:
– Expenses for travel and accommodation:…………………….………….………….…………
– Cost of backing up records:…………………….…………………….…………………….
– State expenses:…………………….…………………….…………..
- V.a.t tax:………………….………………….……………………………….
– Other expenses:…………………….…………………….…………………….
2.3. Method and time limit for payment of remuneration and expenses:……………………..………….
2.4. Calculation of remuneration and expenses in case of unilateral termination of the contract: ………………………………………………………………………………………………. .………………………………………………………………………………………………
2.5. Other agreements on remuneration and expenses:…………………….…………………….
Article 3. Rights and obligations of Party A
3.1. Party A has the right to:
Request Party B to perform the agreed upon legal services with enthusiasm, responsibility and ensure the legitimate interests of Party A;
Unilaterally terminate the contract and request Party B to compensate for the actual damage that occurs if Party B seriously violates the agreed obligations;
Unilaterally terminate the contract if it deems that the performance of the work does not bring benefits to Party A but must notify Party B in writing 15 days in advance and must pay Party B the remuneration and expenses. fees as agreed in Article 2 of this Contract.
3.2. Party A is obliged to:
Ensure the information and documents provided by Party A to Party B are true;
Pay remuneration and expenses to Party B as agreed in Article 2 of this Contract;
Timely provide necessary information, documents and means for Party B to perform the work;
Payment of remuneration and expenses as agreed in Article 2 of this Contract and compensation for actual damages caused to Party B if Party A unilaterally terminates the contract illegally.
Article 4. Rights and obligations of the AGREEMENT
4.1. Party B's rights:
Request Party A to pay remuneration and expenses as agreed;
Request Party A to provide necessary information, documents, evidences and means to perform the work;
Request Party A to pay remuneration, expenses and compensate for actual damage that occurs to Party B if Party A unilaterally terminates the contract illegally.
4.2. Obligations of Party B:
Do not assign other organizations or individuals to perform the work without the written consent of Party A;
Perform the agreed work with enthusiasm and responsibility to ensure the legitimate interests of Party A;
Keep confidential information, documents,
evidence or facts related to Party A that Party B knows in the course of performing the work. Such information, documents, evidences and events may only be disclosed with written consent, fax or email from valid fax numbers and email addresses of Party A;
Timely notify Party A of all issues related to the work performance. This announcement is made by telephone, direct speech. The written notice, fax, email from Party B's email address to Party A is only made if Party A requests in writing, fax or email from the fax number, email address that Party A has. A provides Party B in this contract;
Indemnify Party A for loss or damage of documents or disclosure of information contrary to the agreement;
Compensation for damage to Party A if unilaterally terminating the contract illegally.
Article 5. Contract performance term
……………………………………………………………………………………………… ……………………………………………………
Article 6: General Provisions
6.1. The two parties commit to strictly implement the agreements in the contract, the terms not in the contract are implemented in accordance with the laws referred to in this Contract and the guiding documents of those laws.
6.2. If there is a dispute about the contract, the parties will negotiate and reach an agreement. If no agreement is reached, one of the parties has the right to initiate a lawsuit according to the provisions of law.
6.3. The contract is made into 04 copies, with the same content and legal validity, each party keeps 02 copies.
6.4. The contract takes effect from the date of ……………………..
REPRESENTED BY A (Sign and write full name, seal) | REPRESENTED BY B (Sign and write full name, seal) |
In addition, each type of contract will have its own function and suitable for each case. For detailed information on the types of service contracts and the required contents, please contact EZ via Tel ()!
2. Some frequently asked questions
2.1. Who is not authorized to provide services?
Normally, individuals who do not have business registration do not have the right to provide services, because when businesses recruit workers, they will not hire individuals to regularly provide small services (such as shoe polish). , selling lottery tickets,... listed in Decree 39/2007/ND-CP) but must hire individuals with certain expertise and qualifications. These individuals must register their business in accordance with the new regulations to be allowed to conduct in the form of a commercial activity governed by commercial law instead of the form of labor relationship governed by the law. labor.
2.2. Can foreigners without a work permit work in Vietnam?
Have. If falling into the case specified in Article 154 of the Labor Code 2019, a foreigner can work in Vietnam without a work permit under Article 151 of this Code.
2.3. What is the difference between an employment contract and a service contract?
To clarify this question, EZ would like to distinguish two types of contracts according to the following criteria:
| Comparative Criteria | Labor contract | Service contract |
| Legal basis | Article 13 Labour Code 2019 | Article 513 CCP 2015 |
| Contents agreed in the contract | A labor contract must fully satisfy the main contents specified in Clause 1, Article 21 of the Labor Code 2019 to be considered a labor contract. | Service contract is an agreement between parties, whereby the service provider performs work for the service user, the service user must pay for the service provider |
| Legal binding between subjects | There is a legal binding between Employees and employers, employees. Employees, in the process of performing the work in the contract, are under the management of the employer | There is no legal binding between the service requester and the service provider, the intended outcome of the service contract is only the work result |
| Contract executor | The employee must perform the labor contract by himself, not transfer it to another person | The service provider may change the contract performer with the consent of the service requester |
| Duration of contract | The labor contract must be performed continuously for a certain period of time as agreed in advance, not arbitrarily interrupted the contract, unless otherwise provided for by the labor law | Contract performance time does not need to be continuous, just need to complete the work, the interruption depends on the person performing the work. |
| Purpose of the employer | Employers care about the whole labor process | Only care about results |
| How to do the job | Must perform work continuously for a certain or indefinite period of time. | No need to perform the work continuously, but only need to complete within the assigned time period. |
3. Should you draft a service contract yourself?
In fact, many people confuse a service contract with an employment contract because they are both an agreement between the parties and the employee, and the service provider receives a sum of money. Even many employers take advantage of this confusion to sign service contracts instead of labor contracts with employees, leaving them in an unprotected position and not enjoying their rights. benefits of workers. Besides, many businesses sign service contracts with illegal individuals, the contract is also void and causes the business to suffer certain losses.
From the above issues, it becomes more necessary than ever to find consulting services and support customers on service contracts. Coming to EZ, we will advise you from the required content in the contract, drafting the contract to signing the contract quickly, efficiently and cost-effectively.
Quickly contact EZ via phone number 0869 907 519 | 0867 439 725 for detailed advice!
