Several common types of contract: Service contract
Content
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The
2015 Civil Code
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Contract
form
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Oral.
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Written.
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Specific actions.
If
laws prescribe that the contract of this kind must be made in writing, it
shall comply with these laws.
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Contractual
subject matters
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Services
must bring beneficial effects to users who expect to use them for benefit
purposes.
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Service
work may be rendered and shall not be defined as prohibited acts referred to
in the law and violate social ethical standards.
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Rights
and obligations of the supplier
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Render services and carry out related works in a sufficient manner and in
conformity with their agreement as well as in compliance with the Law on
Commerce.
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Safekeep and give customers documents and equipment that they have received
to carry out the service after completion of their contractual works;
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Promptly notify the customer if necessary information and documents are
insufficient or equipment does not meet required standards to fulfill their
obligations to render the contractual service;
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Ensure that any information that they obtain during the process of rendering
the service must be kept confidential if agreed upon between parties or
prescribed by laws.
In
addition, this law provides that obligations of the supplier may be based on
their performance, efforts and maximum capacity.
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Carry out works to ensure the right quality, quantity, within the
agreed duration, at the agreed location and in conformity with other
agreements.
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Avoid authorizing other persons to carry out their works without consent from
the user.
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Safekeep and give the user documents and equipment that they have been
assigned after completion of their contractual works.
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Promptly notify the user if necessary information and documents are
insufficient or equipment does not meet required standards to complete the
contractual works.
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Ensure that any information that they obtain during the process of carrying
out the contractual works must be kept confidential if agreed upon between
parties or prescribed by laws.
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Pay the user any compensation for any damage or loss of assigned documents or
equipment or for disclosure of any confidential information.
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Require the user to provide information, documents and equipment necessary to
carry out works.
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Reserve the right to change service terms and conditions in the user's
interests without necessarily having to wait for the user's approval if such
waiting inflicts any loss or damage on the users, but take their obligation
to promptly notify the user.
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Require the user to pay service charges.
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Rights
and obligations of the user
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Pay the agreed service charge;
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Provide plans, instructions and other details on time to prevent any
postponement or interruption in rendering services;
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Cooperate with the supplier in other necessary issues to ensure the service
is rendered in a due manner;
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Where one service is rendered by multiple suppliers or in conjunction with
the other supplier, the customer is obliged to coordinate operations of the
supplier in order not to hinder activities performed by any supplier.
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Provide the supplier with information, documents and equipment necessary to
carry out works if agreed between parties or required by the nature of works.
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Pay the supplier the agreed service charge.
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Require the supplier to carry out works to ensure the right quality,
quantity, within the agreed duration, at the agreed location and in
conformity with other agreements.
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Where the supplier seriously violates their contractual obligations, the user
may unilaterally terminate the contract and claim compensation.
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Service
price
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This is subject to any agreement between contracting parties.
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Unless otherwise agreed or instructed in terms of the service price, the
price of the contractual service shall be the price of that service
determined under similar conditions regarding the rendering mode, rendering
date, geographical market, payment method and others affecting the service
price.
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This is subject to any agreement between contracting parties.
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Unless otherwise agreed upon the service price and the method of
determination of the service price, or instructed in terms of the service
price, the service price shall be determined with reference to the market
price of the service of the same kind defined at the date and location of
conclusion of the contract.
Where
the service is not rendered in accordance with agreements or service works
have not been completed by the stated deadline, the user may pay the reduced
charge and claim any reasonable compensation.
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Payment
period
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This is subject to any agreement between contracting parties.
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If there is no agreement and routine for such payment, the payment period
shall be the date of completion of service rendering.
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The payment deadline shall be the date on which the supplier completes
rendering of the service.
- Unless otherwise agreed upon between
parties.
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Ongoing
execution of the service contract
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If
service works have not yet been complete upon expiration of the deadline for
completion of rendering of the contractual service, and if the consumer is
not discontented, the supplier is bound to continue to render the contractual
service under terms and conditions of the contract and pay any compensation
for any possible loss or damage.
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If
service works have not been completed upon expiration of the deadline for
carrying out works which is referred to in the service contract, and the user
is aware that the supplier keeps on carrying out these works and does not
object to this, the service contract may, by default, continue to carry out
agreed works till completion thereof.
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Reading in Vietnamese: Một số hợp đồng thông dụng - Hợp đồng dịch vụ
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