What is the latest form of contract for services in Vietnam? What are the cases of unilateral termination of performance of contracts for services?
- What is the latest form of contract for services in Vietnam?
- In a contract for services, what are the rights and obligations of service providers in Vietnam?
- Vietnam: How to determine the fees in case there is no agreement on the service fee rate?
- What are the cases of unilateral termination of performance of contracts for services in Vietnam?
- What are the cases of continuation of contracts for services in Vietnam?
What is the latest form of contract for services in Vietnam?
At present, the law does not stipulate the form of service provision contract. Below is an image of the contracts for services (for reference only):
Download the latest form of contracts for services: here.
What is the latest form of contract for services in Vietnam? What are the cases of unilateral termination of performance of contracts for services? (Image from the Internet)
In a contract for services, what are the rights and obligations of service providers in Vietnam?
Pursuant to Article 517 of the 2015 Civil Code, in a service provision contract, the service provider has the following obligations:
- Perform the act strictly in accordance with the agreement on quality, quantity, time, location and other matters.
- Do not assign the act to another person for performance on its behalf without the consent of the client.
- Take care of, and to return to the client after completion of the act, the documents and facilities provided to it.
- Notify the client promptly of any inadequacy in the information or documents and any failure of the facilities to satisfy the quality required for the completion of the act.
- Keep confidential any information of which it has had knowledge during the period of providing the service as agreed or as provided by law.
- Compensate the client for damage where the service provider causes any loss of or damage to the documents or facilities supplied or discloses confidential information.
Pursuant to Article 518 of the 2015 Civil Code stipulates that in a service provision contract, a service provider has the following rights:
- Require the client to provide information, documents and facilities.
- Amend the terms of service in the interests of the client without necessarily asking for the opinion of the client where waiting for such opinion would cause damage to the client provided that the service provider promptly informs the client thereof.
- Require the client to pay the fee.
Vietnam: How to determine the fees in case there is no agreement on the service fee rate?
Pursuant to Clause 2, Article 519 of the 2015 Civil Code, as follows:
Payment of fees
1. A client must pay the agreed fee for services.
2. If, upon entering a contract, there is no agreement on the service fee rate or on the method for fixing the fee for services and there are no other instructions on fees, the service fee rate shall be fixed on the basis of market fees for services of the same type at the time when and place where the contract was entered into.
3. A client must pay the fee for services at the place where the service is provided and at the time of its completion, unless otherwise agreed.
4. Where the services provided fail to meet the terms of the agreement or the act is not completed in time, the client has the right to reduce the fee for services and demand compensation for damage.
Thus, according to the above provisions, if, upon entering a contract, there is no agreement on the service fee rate or on the method for fixing the fee for services and there are no other instructions on fees, the service fee rate shall be fixed on the basis of market fees for services of the same type at the time when and place where the contract was entered into.
What are the cases of unilateral termination of performance of contracts for services in Vietnam?
Pursuant to Article 520 of the 2015 Civil Code stipulates as follows:
- Where the continued provision of services does not benefit the client, the client has the right to terminate unilaterally the performance of the contract but must provide reasonable prior notice to the service provider, in which case the client must pay a fee according to the portion of services already provided and [must] compensate for damage.
- Where the client fails to perform its obligations or performs its obligations not as agreed, the service provider has the right to terminate unilaterally the performance of the contract and demand compensation for damage.
What are the cases of continuation of contracts for services in Vietnam?
Pursuant to Article 521 of the 2015 Civil Code stipulates as follows:
If, after the expiry of the agreed period for the provision of services, the act has not been completed and the service provider continues its performance and the client is aware of this but does not object, the performance of the contract for services shall automatically be deemed to continue in accordance with the agreed terms until the act is completed.
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