COLLABORATOR AGREEMENT

No.: …./20…/HĐCTV/…- … 

– Pursuant to the Civil Code of 2015;

– Based on the needs of the parties.

This Freelancer Agreement (hereinafter referred to as the “Agreement”) is considered a service contract signed at Company ... and by the parties.:

After reaching an agreement, both parties agreed to sign a contract with the following terms:

Article 1: Contract Work

1.1. Contract type: Freelancer Contract.

1.2. Contract term: … months (from …/…/20… to …/…/20…).

1.3. Work location: Party B may work at a location of its choice, unless a meeting or professional consultation with Party A is required.

1.4. Service fee: Monthly package fee.

Specifically: … VND/month (In words: … dong per month).

Includes all applicable taxes and fees. 

Company excerpt …% pay personal income tax in accordance with current legal regulations. 

1.5. Payment method: Bank transfer/Cash.

1.6. Payment date: Pay once on the 5th of each month.

Article 2: Working Hours

2.1. Working hours: Due to the nature of the work, Freelancers are subject to flexible working hours to ensure that the assigned tasks are completed within the month.

2.2. Work equipment and tools will be provided according to the needs of the job.

Article 3: Rights of Contributors

3.1. The Service User shall provide information, documents, and tools necessary to perform the work.

3.2. Change the terms of cooperation for the benefit of the Service User without necessarily waiting for their opinion if waiting for their opinion would cause damage to the Service User, but must immediately notify the Service User;

3.3. The Service User shall make full and timely payments.

Article 4: Obligations of Contributors 

4.1. Perform the work in accordance with the agreed quality, quantity, deadline, location, and other terms.

4.2. Do not assign the work to others without the consent of the Service User.

4.3. Store and return the documents and equipment provided to the Service User upon completion of the work.

4.4. Immediately notify the Service User of any incomplete information or materials, or inadequate equipment that prevents the completion of the work.

4.5. Keep confidential any information obtained during the course of work, if required by agreement or law.

4.6.Compensate the Service User for any loss or damage to documents or equipment entrusted to them, or for disclosure of confidential information.

Article 5: Rights of the Service User 

5.1. Require the collaborator to perform the work in accordance with the agreed quality, quantity, deadline, location, and other terms.

5.2. In the event that the Contributor commits a serious breach of their obligations, the Service User shall have the right to unilaterally terminate the contract and claim compensation for damages.

5.3. If the service provided does not meet the agreement or the work is not completed on time, the Service User has the right to reduce the service fee and claim compensation for damages.

Article 6: Obligations of the Service User

6.1. Provide collaborators with the information, materials, and tools necessary to perform their work. Ensure employment for collaborators in accordance with the signed contract.

6.2. Pay collaborators in full and on time.

Article 7: Termination of the Contributor Agreement

7.1. Cases of termination

a) Complete the work as specified in the contract.

b) Either party may unilaterally terminate the contract, but must comply with the notice period, except in cases of termination under point c of this section. 

c) Either party has the right to terminate immediately in the following cases:

– If continuing to perform the work is not beneficial to the Service User, the Service User has the right to unilaterally terminate the contract, but must notify the Contributor in advance within a reasonable time; the Service User must pay the fee for the portion of the service that the Contributor has performed and compensate for any damages.

– The contract with the collaborator may be unilaterally terminated if the Service User seriously breaches their obligations. 

7.2. Notice period

a) At least 5 (five) days prior to the termination date.

b) In the event of a breach of the notice period: The breaching party shall compensate for the damages.

Article 8. Confidentiality Clause

Party B undertakes not to disclose any information or documents containing confidential information of Party A, Party A's customers, or Party A's affiliates, even after the termination of this Agreement, except when required to disclose information in accordance with the law or by order of a competent state agency, or when Party A has agreed to the disclosure or publication of such confidential information to the public. Party B undertakes not to buy, sell, use, transfer, or profit in any way from disclosing confidential information that it has obtained or learned during its work at the company to any third party.

Article 9. General Provisions

9.1. Throughout the term of this contract, if any changes or adjustments arise in relation to this contract, such changes or adjustments must be documented in writing and signed by both parties before they take effect.

9.2. For the purposes of this Agreement, a force majeure event (“Force Majeure Event”) is an unforeseeable event beyond the control of one or more parties, such as an emergency order issued by a competent authority, changes in laws or government policies, epidemics, natural disasters, or war.

In the event of force majeure, the Party unable to perform/fully perform its obligations due to force majeure shall not be deemed to be in breach of contract. However, if the Party affected by force majeure fails to notify the other Parties within 07 (seven) days from the date of occurrence of force majeure, it shall still be deemed to be in breach of contract. The parties shall negotiate on the option to continue performing the Contract or terminate this Contract within 15 days from the date Party B receives the Notice.

9.3. During the performance of the contract, any disputes arising shall be resolved by the competent People's Court in accordance with the law.

9.4. Matters not specified in this contract shall be governed by the provisions of civil law.

9.5. This contract is made in two (2) Vietnamese copies of equal legal validity, each party retaining one (1) copy, and shall take effect from the date of signing.

Link: Freelancer Contract Template