Socialist Republic of Vietnam
Independence – Freedom – Happiness
SERVICE AGREEMENT
(Regarding …..……)
Number:……………………………..
– Pursuant to the Civil Code No. 91/2015/QH13 dated November 24, 2015 of the Socialist Republic of Vietnam and the guiding documents for its implementation;
– Pursuant to the Law on Commerce No. 36/2005/QH11 dated June 14, 2005, of the Socialist Republic of Vietnam and the guiding documents for its implementation;
– Based on the needs, capabilities, and capacities of the Parties.
Today, on …, …, …, at ……………………, we include:
SERVICE USER (PARTY A):
Address : [….]
Account number : [….]
Bank : [….]
Business ID number: [….]
Representative : [….]
Position : [….]
And
SERVICE PROVIDER (PARTY B):
Address : [….]
Account number : [….]
Bank : [….]
Business ID number: [….]
Representative : [….]
Position : [….]
After reaching an agreement, Party A and Party B agree to sign a Service Agreement (“Agreement”) with the following terms and conditions:
ARTICLE 1: CONTENT AND VALUE OF SERVICES
1.1.Service Content
Party A agrees to hire Party B to perform the following tasks as requested by Party A as follows:
Job description: ………………………. of Party A from …/…/……. to the end of …/…/…..
Specifically:……………………
1.2. Total Value of Services
- The total service fee as stipulated in this Contract is: ……………………..VND
- In writing: ……………………………………
ARTICLE 2: PAYMENT TERMS
2.1. Payment Schedule and Instructions
Divide into ….. payment period:
- Deposit: Party A is responsible for paying …….% of the contract value corresponding to the amount of money. ………………. VND (In words: ………………………) for Party B to prepare within 05 (five) business days from the date this Contract is signed.
- Party A shall pay the remaining total service fee to Party B after Party B completes 100% of the work and Party A receives the full set of delivered products.
2.2. Payment method
- Payment method: Bank transfer
- Payment information:
- Account number:
- Account name:
- Bank:
2.3. Payment NotesAny changes to the contract value, payment terms, or scope of work must be confirmed in writing by both Parties.
ARTICLE 3: RIGHTS AND OBLIGATIONS OF PARTY A
- Have the right to request Party B to perform the scope of services committed to as stipulated in this Contract.
- The right to request Party B to remedy, repair, or replace the service content in the event that the service quality does not meet Party A's requirements.
- There is an obligation to pay service fees to Party B in accordance with the provisions of Article 2.
- Other rights and obligations as prescribed by relevant laws.
ARTICLE 4: RIGHTS AND OBLIGATIONS OF PARTY B
- Party B undertakes to perform all work items in accordance with the provisions of Article 2 of this Contract.
- Party B shall receive the full service fee as stipulated in this Contract.
- Party B commits to ensuring the quality of services provided in accordance with the agreed terms.
- Other rights and obligations as prescribed by relevant laws.
ARTICLE 6. INFORMATION SECURITY
Party B absolutely undertakes not to disclose any information related to this Contract or any documents containing confidential information of Party A, Party A's customers, or Party A's affiliates, even after this Contract terminates, except where required to disclose information in accordance with the law or by decision of a competent state agency, or where Party A has agreed to the disclosure or public dissemination of such confidential information. Party B undertakes not to buy, sell, use, transfer, or profit in any way from the disclosure of confidential information obtained or learned during the course of employment at the company to any third party.
ARTICLE 7. FORCE MAJEURE EVENTS
7.1. “Force Majeure Event” means any event that occurs unexpectedly, is beyond the reasonable control of a Party, and cannot be prevented by any reasonable measures within its power.
7.2. Neither Party shall be liable for any failure to perform or any delay in performing its obligations due to the occurrence of a Force Majeure Event. The Party affected by the Force Majeure Event must notify the other Party in writing immediately after the occurrence of the Force Majeure Event.
7.3. In the event that the force majeure event lasts for more than 30 (thirty) days from the occurrence of the force majeure event, the Parties shall renegotiate the implementation of the Contract or terminate the Contract.
ARTICLE 8. PENALTIES FOR BREACH OF CONTRACT AND COMPENSATION FOR DAMAGES
During the performance of the Contract, if either Party breaches the fundamental obligations of the Contract and fails to cease the breach within the time period requested by the aggrieved Party, the breaching Party shall be liable to the other Party as follows:
- Penalty of 8% equal to the value of the obligation violated at the time of violation as specified in this Contract.
- The violating party shall also compensate the non-violating party for actual damages.
ARTICLE 9. TERMINATION OF THE AGREEMENT
9.1. The Contract shall be terminated prematurely in the following cases:
- According to the written agreement between the two Parties.
- Either Party may unilaterally terminate the Contract in accordance with the provisions of the Contract.
- One of the two Parties is dissolved or declared bankrupt in accordance with the law.
9.2. A Party has the right to unilaterally terminate the Contract if the other Party continuously violates the fundamental obligations of the Contract and fails to remedy such violations within the time limit requested by the aggrieved Party. The Party unilaterally terminating the Contract must notify the other Party in writing or by email at least 07 (seven) days prior to termination.
9.3. If either Party unilaterally terminates the Contract without cause as specified in this Contract, the Party unilaterally terminating the Contract shall be deemed to be in breach of the Contract.
ARTICLE 10. GENERAL PROVISIONS
10.1. This Agreement shall be effective from the date of signing until terminated in accordance with the provisions of this Agreement. Any amendments or supplements to this Agreement and its Annexes shall only be effective when agreed upon in writing by the Parties and duly signed by the Parties.
10.3. The Contract shall be executed in two (02) copies in Vietnamese, and each Party shall retain one (01) original copy as a basis for implementation.
10.4. Governing Law and Dispute Resolution: This Agreement shall be governed by the laws of the Socialist Republic of Vietnam. In the event of any dispute arising out of or in connection with this Agreement, the Parties shall endeavor to resolve such dispute through negotiation and mediation in a spirit of cooperation. Any dispute arising from or related to this Contract shall be resolved by the competent People's Court in accordance with civil procedural law.
| (REPRESENTATIVE) PARTY A
(Sign, print full name, affix seal) |
(REPRESENTATIVE) PARTY B
(Sign, print full name, affix seal) |
