CONTRACT FOR SERVICES

(No.: …/HĐCG/…/2024)

– Pursuant to the Civil Code of 2015;

– Based on the capabilities and needs of the parties.

Today, on the … day of … month, in the year ……, at the address: …, we consist of:

SERVICE USER:

COMPANY …

Headquarters: ….

Tax ID: …

Representative: Mr. …

Position: …

(hereinafter referred to as “Party A” or “the Company”)

EXPERT SIDE:

Mr./Ms.: …

Date of birth: …

CCCD number: … Date issued: …

At the Bureau of Public Order Administration.

Hometown: …

Residing at: …

Phone number: …

Email: …

Bank account: …

Account number: ….

Open at: Bank … - Branch.

(hereinafter referred to as “Party B” or “Expert”)

After discussion and agreement in good faith, both parties agree to sign this Contract with the following terms and conditions:

Article 1. Contract Content

1.1. Party A agrees to use the service and Party B agrees to undertake the work in the role of ..., using Party B's professional knowledge and experience to perform work supporting Party A's business and operational activities. Accordingly, Party B shall perform the following work:

a) ….

b) Directly managed by …, responsible for completing specific tasks/assignments assigned at each milestone.

c) Other tasks as assigned and directed by the Board of Directors.

1.2. Working hours: Flexible working hours, but must ensure that the work is completed within the assigned deadline.

1.3. Work location: Flexible or as assigned by company leadership. 

Article 2. Rights and Obligations of Party A

2.1. Rights of Party A

a) Require Party B to perform the work in accordance with the agreed quality, quantity, timeframe, location, and other terms.

b) In the event that Party B commits a material breach of its obligations, Party A shall have the right to unilaterally terminate the contract and claim compensation for damages.

c) In the event that the service provided does not meet the agreement or the work is not completed on time, Party A has the right to reduce the remuneration and claim compensation for damages.

d) Request experts to attend certain meetings and provide advisory opinions if expert input is deemed necessary during the meeting.

d) Have the right to request compensation or reimbursement in the event that the expert has not completed the assigned tasks or has not returned the company's property (equipment, work tools, uniforms, etc.) after the completion of the work (if applicable).

e) Other rights of the Service User as stipulated in the Civil Code.

2.2. Obligations of Party A

a) Provide Party B with the information, documents, and necessary means to perform the work. Ensure employment for Party B in accordance with the signed Contract.

b) Pay Party B in full and on time.

c) Has the right to unilaterally terminate the contract in accordance with Article 6 of this Contract.

d) Other obligations of the Service User as stipulated in the Civil Code.

Article 3. Rights and Obligations of Party B

3.1. Rights of Party B

a) Require the Service User to provide information, documents, and tools to perform the work.

b) 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;

c) Require the Service User to make full and timely payments.

d) Other rights as provided for in the Civil Code.

3.2. Obligations of Party B

a) Perform the work in accordance with the agreed quality, quantity, timeframe, location, and other terms.

b) Do not assign the work to another person without the consent of the Service User.

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

d) Immediately notify the Service User of any incomplete information or materials, or means that do not ensure quality to complete the work.

d) Keep confidential any information obtained during the performance of work, if there is an agreement or legal requirement to do so.

e) Compensate the Service User for damages if documents or equipment entrusted to the Service User are lost or damaged, or if confidential information is disclosed.

f) Other obligations as prescribed in the Civil Code.

Article 4: Remuneration

The fee is calculated on a monthly basis.

Specifically: … VND/month
In writing: …

The fee includes 10%. Personal income tax. Party A shall deduct this personal income tax before paying remuneration to pay the tax on behalf of Party B in accordance with the law.

The remuneration may be adjusted according to the workload agreed upon by both parties.

– Payment method: Cash or bank transfer.

– Payment date: Pay once on the 15th of each month.

Article 5: Term of the contract

5.1. Contract term: ... months from the date of signing this Contract (from …/…/20… to …/…/20…).

5.2. Within 30 (thirty) days prior to the expiration of the aforementioned term, the parties shall agree on the extension of this Contract.

5.3. Either party may terminate this Agreement with the other party by sending written notice to the other party at least 30 (thirty) days prior to the expected termination date of the Agreement. In the event of a breach of the notice period, the breaching party shall be liable for a penalty of 8% of the contract value and compensation for actual damages.

Article 6: Termination of the contract

The contract shall terminate in any of the following cases:

6.1. Contract expiration.

6.2. Both parties agreed to terminate the contract.

6.3. Party A has the right to unilaterally terminate the contract if the work performed by Party B is not satisfactory or if it is clear that Party B does not have the sufficient capacity and ability as committed by Party B.

Article 7. Dispute Resolution

In the event of a dispute, the parties shall discuss and resolve the matter in a spirit of cooperation and mutual agreement. If the parties are unable to resolve the dispute themselves, either party has the right to file a lawsuit requesting the competent People's Court to resolve the matter in accordance with the law. 

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. In the event that any provision or clause of this contract is invalid or unenforceable pursuant to a decision or judgment of a competent state authority, the remaining provisions and clauses of the contract shall remain valid and enforceable between the parties.

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: Expert Contract Template