What is the latest form of iron and steel processing contract in 2022? What are the bases for unilateral termination of performance of processing contracts in Vietnam?
- What is the latest form of iron and steel processing contract in 2022?
- What is the processing contract? What are the subjects of the processing contract in Vietnam?
- What are the rights and obligations of the processors in Vietnam?
- What is the liability for the risk of the processing contract in Vietnam?
- What are the bases for unilateral termination of performance of processing contracts in Vietnam?
- Above is the latest model of iron and steel processing contract in 2022 and the grounds for unilaterally terminating the performance of the processing contract.
What is the latest form of iron and steel processing contract in 2022?
Form of contract for processing and installing steel includes the following contents:
Thus, the form of contract for processing and installing iron and steel is specified as above.
Download the form of contract for processing and installing iron and steel: Here.
What is the latest form of iron and steel processing contract in 2022? What are the bases for unilateral termination of performance of processing contracts in Vietnam? (Image from the internet)
What is the processing contract? What are the subjects of the processing contract in Vietnam?
Pursuant to Articles 542 and 543 of the Civil Code in 2015, the outsourcing contract is regulated as follows:
"Article 542. Processing contracts
Processing contract means an agreement between parties whereby a processor carries out work to create products at the request of a supplier, and the supplier receives the products and pays fees."
"Article 543. Subject matter of processing contracts
The subject matter of a processing contract shall be items which are specified by samples, the standard of which is agreed by the parties or provided by law."
Thus, the processing contract and the object of the processing contract are specified as above.
What are the rights and obligations of the processors in Vietnam?
Pursuant to Article 546 and Article 547 of the Civil Code in 2015 stipulates as follows:
"Article 546. Obligations of processors
1. Take care of the raw materials supplied by the supplier.
2. Notify the supplier to replace any raw materials supplied which are not of the agreed quality; to refuse to perform the processing if the use of the raw materials may create products which pose a danger to society.
3. Deliver the products to the supplier strictly in accordance with the agreed quantity, quality, method, time and place.
4. Keep confidential all information relating to the processing and the products.
5. Bear liability for the quality of the products, unless the lack of quality is due to the raw materials supplied by the supplier or due to the unreasonable instructions of the supplier.
6. Return any leftover raw materials to the supplier after completing the performance of the contract."
"Article 547. Rights of processors
1. Require the supplier to deliver the raw materials strictly in accordance with the agreed quality, quantity, time and place.
2. Refuse to comply with unreasonable instructions of the supplier where the processor is of the view that [compliance with] such instructions could decrease the quality of the products provided that the processor immediately informs the supplier.
3. Require the supplier to make payment of the fees in full, at the time and by the method as agreed."
Thus, the rights and obligations of the outsourcing party are specified as above.
What is the liability for the risk of the processing contract in Vietnam?
Pursuant to Article 548 of the Civil Code in 2015 stipulates the responsibility to bear risks of processing contracts as follows:
"Article 548. Liability for risk
Unless otherwise agreed, the owner of the raw materials shall bear all risks with respect to such materials and the products processed therefrom until the products are delivered to the supplier.
If the supplier is late in accepting the products, it shall bear all risks during the period of delayed acceptance, including where the products are processed from the raw materials of the processor, unless otherwise agreed.
If the processor delays delivery of the products and the delay damages the processed property, the processor must compensate for damage suffered by the supplier."
Thus, the risk liability for the outsourcing contract is specified as above.
What are the bases for unilateral termination of performance of processing contracts in Vietnam?
Pursuant to Article 551 of the Civil Code in 2015 on unilateral termination of processing contract performance as follows:
"Article 551. Unilateral termination of performance of processing contracts
1. Unless otherwise agreed or otherwise provided by law, each party has the right to terminate unilaterally the performance of a processing contract if continued performance would not benefit that party but must give reasonable prior notice to the other party.
2. If the supplier terminates unilaterally the performance of the contract, the supplier must pay fees for the work already performed, unless otherwise agreed. If the processor terminates unilaterally the performance of the contract, it shall not be paid fees, unless otherwise agreed.
3. A party which unilaterally terminates the performance of a contract and thereby causes damage to the other party must compensate."
Above is the latest model of iron and steel processing contract in 2022 and the grounds for unilaterally terminating the performance of the processing contract.
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