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SAMPLE SERVICE CONTRACT FOR ONE TIME APPLICATION

This article provides a one-time service contract template, helping parties clearly define their rights and responsibilities. Learn how to draft a contract to ensure legality and effectiveness in service provision.

SAMPLE SERVICE CONTRACT FOR ONE TIME APPLICATION

Number: [...]/HDDV…..times-[...]

This Service Agreement (“Contract”) is made and signed this day […] month […] year […], by and between:

SERVICE LESSEE: […]

Address	:	[…]
Tax code	:	4200456848-[…]
Represent	:	[…]
Position	:	[…]

(Hereinafter referred to as “Party A”)

AND:

SERVICE PROVIDER:

1. If you are an organization:

Represent	:	[…] According to the power of attorney No. […] signed by the legal representative on …/…..
Position	:	[…]
Address	:	[…]
Account

(Hereinafter referred to as “Party B”)

Party A and Party B are hereinafter collectively referred to as “Parties” and is specifically called “Beside”.

The Parties agree to sign this Contract with the following terms:

ARTICLE 1: OBJECT OF CONTRACT

Party A agrees to deliver to Party B and Party B agrees to perform for Party A the [...] with specific work items [as follows/as specified in Appendix 01 of the Contract:

STT

Content of work items

Implementation progress

Single
taste

Volume

Unit price
(VND)

Thanh Tien
(VND)

(Hereinafter referred to as “Service”)

ARTICLE 2: CONTRACT VALUE AND PAYMENT METHOD

2.1

Contract Value

Total Contract Value: […] copper (“Contract Value”)

(In words: [...] dong./.)

The Parties agree that the above Contract Value includes tvalue added tax (VAT), all costs of transportation, installation, cleaning, finishing and costs related to the implementation and provision of Services (if any). In addition to the above Contract Value, Party A is not responsible for paying Party B any amount related to the implementation of the Contract.

2.2

Direction payment method

Party A will pay Party B in Vietnam Dong in the form of transfer to Party B's bank account stated at the beginning of this Contract as follows:

First time: Party A will pay [...]% of the Contract Value, equivalent to [...] VND (in words: [...] Vietnam Dong) within [...] working days from Party A's receipt of the original: ( i) Request for payment; (ii) Valid value-added invoice corresponding to Party B's first payment value; and (iii) Letter of guarantee for performance of the Contract of equivalent value [...]% Contract Value is issued by the Bank approved by Party A and according to Party A's form as recorded in Appendix 02 of this Contract, valid until [...] from the date Expected completion of the final work item of the Service (“Contract Performance Guarantee”). All banking fees incurred related to the Contract Performance Guarantee will be borne by Party B. In case Party B must extend the Completion Date, Party B is responsible for extending the corresponding Contract Performance Guarantee, unless Party A does not agree to Party B extending the Completion Date.

2nd time: Party A will pay [...]% of the remaining Contract Value equivalent to [...] VND (in words: [...] Vietnam Dong) within [...] working days from the date Party B completes the entire The Service is confirmed by Party A and Party A receives a valid original payment document including: (i) Payment request; (ii) Acceptance Minutes certified by authorized representatives of the Parties; (iii) Valid value-added invoice corresponding to the value of the second payment; and (iv) Warranty guarantee letter has equivalent value [...]% Contract Value according to the form recorded in Appendix 03 of the Contract issued by a bank approved by Party A with a guarantee period corresponding to the Warranty Period plus […] day ("Warranty Guarantee”). All bank fees incurred related to the Warranty Guarantee will be borne by Party B.

To clarify, working days are from Monday to Friday every week, excluding holidays and days off according to legal regulations.

ARTICLE 3: REGULATIONS ON PERFORMANCE OF SERVICES

3.1

Location where the Service is performed (“Location”)

3.2

Service performance time

Party B must start performing the Services within […] days from [the date the Contract is signed/the date Party A makes the first payment to Party B]. To clarify, the performance of the Service is considered to begin when Party B gathers the necessary labor, equipment and materials to perform the Service at the Location. Party B will notify Party A within […] days before the start date of the Services so that Party A can prepare the necessary conditions at the Location to start performing the Services.

Party B must complete the performance of the Services no later than [...] (“Completion Date”). To clarify, the performance of the Services under this Contract is only considered completed when the Parties sign an acceptance record clearly confirming the completion of the Services (“Minutes of Acceptance”).

3.3

Requirements for performance of Services

The Services must be commenced and completed on time as prescribed in Article 3.2 of this Contract. Any delay in the progress and time of performing the Services, unless with the prior written consent of Party A, is considered a fundamental violation of this Contract.

During the implementation of the Service, Party B must fully comply with standards on labor safety, environmental sanitation, fire and explosion prevention and all relevant legal regulations.

The performance of the Service must meet technical regulations on transportation and installation of goods, supplies, and equipment and comply with standards, regulations, and quotes approved by Party A and acknowledged by the Parties in this Contract.

After performing the Service, Party B is responsible for cleaning the Location and cleaning up all waste and scrap arising from performing the Service.

and)

The Parties agree that Party A has the right to refuse to sign the Acceptance Minutes if the performance of the Services does not meet the above requirements.

3.4

Acceptance of Services

The Parties will only sign the Acceptance Record to record Party B's completion of the Service when:

(i)

Party B has fully and timely performed the work items in the Service content as agreed in this Contract/other amended and supplemented agreements between the Parties recorded in writing by the Parties; and

(ii)

The performance of the Service meets Party A's requirements.

During the acceptance process of the Service, if errors, failures, technical errors or the Service is not performed as agreed in this Contract, the Parties will only sign the Acceptance Record after Party B, at its own expense, has completed the correction of those errors and technical errors in accordance with the agreement in this Contract within the time limit requested by Party A, or within [01 (one) day] from the date of receipt. the point of detecting that error/damage/technical error if Party A does not clearly state the time limit for correction. To clarify, the recovery time is still included in the Service implementation schedule.

To clarify, the Parties signing the Acceptance Minutes does not release Party B from responsibility arising from technical errors/errors/violations of Party B during the implementation of the Services that Party A is unable to do. recognition at the time of acceptance. In all cases, Party B is responsible, at its own expense, to fix and compensate for any consequences/damages arising from Party B's technical errors/errors/violations during the performance of the Service. If Party B violates this regulation, Party A has the right to:

(i)

Temporarily suspend payment (if Party A has not yet paid Party B); and/or

(ii)

Request the Bank to immediately and unconditionally pay the amount under the Contract Performance Guarantee; and/or

(iii)

Apply sanctions according to the provisions of law and the provisions of this Contract on handling violations.

ARTICLE 4: RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1

Rights and obligations of Party A

Services are provided in accordance with the provisions of this Contract.

Prepare the premises and create conditions for Party B to carry out the Services.

Have the right to appoint experienced staff to supervise and resolve all matters related to technique, quality, work progress and organize acceptance and finalization of the project.

Make full payment as specified in Article 2 of the Contract.

and)

Has the right to deduct the amounts that Party B must pay to Party A under this Contract from the Contract Value when making payments to Party B.

Deduct personal income tax before paying the Contract Value to Party B.

Have the right to assign or transfer rights/obligations under this Contract to a third party, or in case Party A reorganizes the business, including consolidation, merger, division, or separation or conversion, whether during the performance of work or within the warranty period, provided that the assignment or transfer of such rights/obligations does not cause damage to the rights and interests of Party B under this Contract.

Exercise other rights and obligations according to the Contract and law.

4.2

Rights and obligations of Party B

Warranty on the results of the Service within [...] months from the date the Parties sign the Acceptance Record (“Warranty Period”).

Providing Services to Party A in accordance with Party A's requirements, meeting the quality, technical and aesthetic requirements as agreed between the Parties, ensuring the work is completed on schedule as committed in the Contract. This Contract.

Ensure timely updates on the progress of the Service to Party A. In case there is a risk of not completing the Service on time, Party B must notify Party A within [...] days at the same time at cost. take all measures to ensure the Services are completed on time, including but not limited to adding workers and/or increasing working hours.

Commit to fully meeting all conditions and having all necessary licenses according to the provisions of law to perform the Services and will present these licenses to Party A within […] days from Party A's receipt. have request. Party B must bear all responsibilities before the law as well as compensate for all damages incurred by Party A in case the performance of the Service violates the provisions of law (if any).

and)

Comply with the regulations and rules at the Location.

Maintain and clean the area where Party B's Services are performed, protect the environment, security and order, and prevent fire and explosion during the process of performing the Services.

Comply and be responsible for labor safety during the implementation of Services, supply and installation of goods, equipment and supplies. If you discover any phenomenon or potential cause that may cause labor insecurity outside your scope of responsibility, beyond your ability to control and resolve, you must promptly notify Party A within... days. to find remedies.

Must be responsible for the safety of goods, equipment and supplies during transportation, dismantling and gathering. During the process of performing the Service, if goods, supplies, or equipment are discovered to be damaged, it must be reported within [...] days to Party A to make a record. Party B is responsible for compensating all damages incurred for Party A's damaged goods, supplies, and equipment.

Responsible for compensating for damages incurred by Party A and/or third parties if Party B's process of performing the Services causes damage to Party A and/or third parties.

Issue full invoices according to regulations of the Ministry of Finance to Party A.

It is not allowed to subcontract part or all of the Services to another unit unless Party A agrees in advance in writing.

Must ensure that there are enough experienced and competent supervisors representing Party B to be present at the location where the Service is performed throughout the duration of the Service to coordinate in resolving all matters related to the Service. technique, quality, implementation progress and organization of acceptance and settlement of Service implementation.

Issue full invoices according to regulations of the Ministry of Finance to Party A. Be solely responsible for taxes/fees incurred during the process of performing Services for Party A in accordance with regulations of the Ministry of Finance.

[Commitment that all ownership rights and intellectual property rights from any documents and products obtained or arising from this Contract are owned by Party A.

the)

Commit that, during the validity period of this Contract and after this Contract terminates, Party B will absolutely keep confidential information (“Confidential Information”) of Party A. Accordingly, Party B may not disclose Confidential Information to any third party, whether directly or indirectly, in any situation, without written consent. of Party A except in the cases specified below.

For the purposes of this Article, Confidential Information is understood as information including but not limited to the terms of this Contract and/or information, data, documents created in connection with or arising from the implementation of the Contract, information, data, documents provided by Party A to Party B in any form to implement this Contract. In addition, Confidential Information also includes but is not limited to information related to business secrets, technological secrets, trade secrets, knowledge or other information about or for financial marketing. , Party A's business.

The obligation of confidentiality is excluded if Confidential Information:

(i)

has been widely disseminated to the public by Party A;

(ii)

provided by Party B to Party B's employees, financial and legal consultants or contractors for the purpose of performing Party B's obligations under this Contract, provided that Party B shall be responsible for Responsible for and ensuring that subjects to whom Confidential Information is disclosed must comply with security regulations as stated above;

(iii)

received by Party B from a third party independent of the implementation of this Contract without any obligation of confidentiality; or

(iv)

required to be disclosed by a competent authority or any court having appropriate jurisdiction over Party B.

Party B agrees that any violation of this information security obligation may cause irreversible damage to Party A, in which Party A will have the right to seek measures to mitigate damage and force Party B to compensate for all damages in an amount not lower than the Value of this Contract.

Exercise other rights and obligations according to the Contract and law.

ARTICLE 5: PENALTIES FOR VIOLATIONS AND COMPENSATION FOR CONTRACT DAMAGES

If one of the Parties fails to perform or does not fully comply with the terms specified in the Contract, causing damage to the other Party, the damaged Party has the right to request the other Party to compensate for damages according to regulations. of the law and subject to a violation fine equivalent to [...] %value of the breached obligation. In addition, the damaged Party has the right to apply other sanctions according to the provisions of law or other provisions of this Contract.

ARTICLE 6: TERMINATION OF CONTRACT

6.1 The Contract is terminated in the following cases:

When the Parties complete their obligations specified in the Contract;

The Parties agree to terminate the Contract ahead of time;

When a force majeure event occurs under this Contract;

A Party is dissolved or files an application or is requested by a person with the right to file to open bankruptcy proceedings in accordance with the law.

Within [...] working days from the date of termination of the Contract, Party B is responsible for moving all materials, human resources, machinery, equipment and other assets owned by it out of the Territory. Service performance point within the above time limit. If after this period of time, Party B has not relocated, Party A has full rights to handle these assets without Party B having the right to complain or sue Party A.

6.2

Party A has the right to terminate the Contract immediately without incurring any fines or compensation for damages to Party B and any other related parties in the following cases:

Party B performs the Services behind schedule;

Party B refuses to perform the work of the Contract or fails to perform the work for [...] consecutive days;

Party B arbitrarily stops performing the Services without a legitimate reason, unless permitted by Party A;

Party B violates its obligations under the Contract and fails to remedy or incompletely corrects the violation after Party A's notice;

and)

Party B does not have enough capacity or experience to perform the Contract according to Party A's judgment or does not have all the necessary licenses to perform the Services;

Party B allows subcontractors to perform part or all of the work of the Contract and related appendices without receiving Party A's prior written approval.

6.3

Consequences of contract termination

If the Contract terminates according to Article 6.1, Party A must pay Party B for the Services that have been and are being performed at the time of termination.

If the Contract is terminated by Party A in accordance with Article 6.2, Party A has the right to refuse all or part of the Service to the extent that Party A cannot use that part or all of the Service. In this case, Party A must pay for the part of the Service that has been performed without being refused, and Party B must refund the prepaid amount for the corresponding part of the rejected Service (if any) within [...] days from the date the Contract is terminated.

ARTICLE 7: FORCE MAJEURE

7.1

During the implementation of this Contract, the following events are considered force majeure events: Storms, floods, earthquakes, wars, fires, changes in state policies and laws or other events. other objectivity.

With conditions:

That event is completely beyond the reasonable control or is not due to the fault or negligence of the party affected by the force majeure event, even though that party has applied all necessary measures and within the allowable capacity to prevent, remedy or reduce damage that causes delays or interruptions in the performance of obligations in this Contract;

Within […] days from the date of the force majeure event, the Party affected by the force majeure event must notify the other party in writing, detailing the force majeure event, the Measures taken to prevent and overcome damage, proposed recovery plans and solutions.

7.2

Unless otherwise agreed by Party A in writing, Party B must still perform its obligations under this Contract according to actual circumstances and must take all reasonable measures to perform the tasks. not hindered by force majeure events. In the event that a Force Majeure Event lasts for more than [...] months, either Party may, by written notice to the other Party, unilaterally terminate this Contract.

ARTICLE 8: GENERAL PROVISIONS

8.1

The Parties commit to comply with the signed terms of the Contract.

8.2

Any changes in this Contract must be made in writing with the approval of representatives of the Parties and be made an appendix to this Contract. The Contract Appendix is considered an inseparable part of the Contract.

8.3

In case a dispute arises, the Parties will negotiate to resolve it together. In case the dispute cannot be resolved by negotiation, the Contract will be resolved in a competent court.

8.4

This Contract is construed and governed according to the laws of Vietnam.

8.5

The Contract is made in [...] copies in Vietnamese [and English] with equal legal value, [in case there is a difference between the Vietnamese and English versions, the Vietnamese version shall prevail. ], Party B keeps [...] copy, Party A keeps [...] copy for implementation.

8.6

This Contract takes effect from the date of signing and automatically terminates when the Parties have completed their obligations under this Contract.

REPRESENTATIVE OF PARTY A

PARTY B REPRESENTATIVE