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Under the Civil Code 2015

Service contract template

For when one party provides services to another under the Civil Code. The template sets out the scope of services, term, fees and each party's responsibilities.

Clear scope of servicesDescribes the tasks, expected standard and delivery timeframe.Fees and paymentRecords payment instalments, the method and when invoices are issued.Dispute handlingIncludes compensation terms and where disputes are resolved.

Choose an industry to add clauses specific to it.

Service contract

Civil Code 2015, Articles 513 to 521

The provider performs services for the client and receives a service fee.

5 clauses

Indefinite-term labour contract

Labour Code 2019, Article 20(1)(a)

For stable, long-term positions where neither party sets an end date.

9 clauses

Fixed-term labour contract

Labour Code 2019, Article 20(1)(b)

Has a specific end date, lasts up to 36 months and can be renewed only once.

9 clauses

Probation contract

Labour Code 2019, Articles 24 to 27

A probation agreement before the official contract, with pay of at least 85% of the job's salary.

8 clauses

Labour contract under 12 months

Labour Code 2019, Article 20(1)(b)

For temporary, seasonal or specific work lasting less than a year.

9 clauses

Freelance collaborator contract

Civil Code 2015, Article 513 on service contracts

Task-based collaboration, not an employment relationship unless there is management and supervision.

6 clauses

Piecework contract

Civil Code 2015, Article 542 on processing contracts

Assigns a full scope of work, paid according to the accepted results.

5 clauses

Internship contract

Labour Code 2019 and the training institution's internship rules

Hosts student interns, with or without financial support.

6 clauses

Vocational training contract

Labour Code 2019, Articles 61 to 62

The company pays for training and the trainee commits to working after the course.

5 clauses

Labour contract appendix

Labour Code 2019, Article 22

Amends or supplements part of a labour contract that is in force.

3 clauses

Part-time labour contract

Labour Code 2019, Article 32

Fewer hours than normal working time, with entitlements in proportion to the hours actually worked.

9 clauses

Remote work labour contract

Labour Code 2019, Articles 21 and 105

The employee works mainly away from the office, with rules on equipment, connectivity and security.

10 clauses

Labour contract with a foreign employee

Labour Code 2019, Articles 151 to 157

For foreign nationals working in Vietnam, with the term tied to the work permit.

10 clauses

Domestic worker labour contract

Labour Code 2019, Articles 161 to 165

A household hires a domestic worker, with specific rules on rest, board and insurance paid with wages.

7 clauses

Labour contract with an executive

Labour Code 2019 and Law on Enterprises 2020

Signed with directors and department heads, with clauses on authority, income and confidentiality.

10 clauses

Consulting contract

Civil Code 2015, Articles 513 to 521

An expert advises within an agreed scope for a consulting fee, outside an employment relationship.

7 clauses

Non-disclosure agreement

Labour Code 2019, Article 21(2)

Signed with the labour contract to protect trade secrets, customer data and technology.

6 clauses

Labour contract termination agreement

Labour Code 2019, Article 34(3)

Both parties agree to end the contract and settle the last day, payments and handover.

6 clauses
See all 18 contract templates
Guide

Service contracts under the Civil Code: tight acceptance terms, no disguised labour contract

7 sectionsAbout 4 min readUpdated 01/10/2026

Service contracts are everywhere in business: hiring a security company, an outside accounting firm, a freelance engineer to maintain your systems. The legal basis is Articles 513 to 521 of the Civil Code 2015, but when the provider is an individual working at your office, the line between this and a labour contract is very thin. This article shows how to draft a service contract that is precise about scope, acceptance and payment, and safe for both parties.

What a service contract is under the Civil Code 2015

Article 513 of the Civil Code 2015 (Bộ luật Dân sự 2015) defines a service contract as an agreement under which the service provider performs work for the service user, and the service user pays a service fee. The two parties are equals and neither manages the other; the money is a "service fee", not a "salary". The provider is usually a company or household business that issues invoices; if it is an independent self-employed individual, the service user withholds personal income tax at source under current regulations. The Việc Hot template calls the two parties Party A (the service user) and Party B (the service provider).

How a service contract differs from a labour contract, and the Article 13 trap

CriterionService contractLabour contract
Governing lawService contractCivil Code 2015Labour contractLabour Code 2019
RelationshipService contractEqual parties; the provider organises its own workLabour contractThe employee is subject to management, direction and supervision
Subject matterService contractWork or results that can be acceptedLabour contractLabour supplied over time, in a given position
MoneyService contractA service fee, with an invoice or tax withheld at sourceLabour contractA salary no lower than the regional minimum wage, plus insurance
TerminationService contractAs agreed and under the Civil CodeLabour contractOn the grounds and with the notice periods in Articles 35 and 36

The trap lies in Article 13 of the Labour Code 2019 (Bộ luật Lao động 2019): an agreement under a different name that involves paid work and management, direction and supervision is a labour contract. A company signs an "accounting services contract" with an individual, who works 8 hours a day at the office, receives 15 million VND on the 5th of every month and asks the director's permission to take time off. That is a labour contract, which brings back-dated insurance contributions under the Social Insurance Law 2024 (Luật Bảo hiểm xã hội 2024) and the employee entitlements that can be claimed. To avoid it, sign with an accounting firm that is a legal entity, or sign a labour contract.

Clauses a service contract should include

  • The scope of services listed item by item, with deliverables and measurable acceptance standards.
  • The service period and delivery schedule for each phase, and what happens if the service user is late in providing data or premises.
  • Whether the service fee includes or excludes value added tax, payment instalments tied to acceptance milestones, and when invoices are issued.
  • Warranty and correction of errors caused by the provider's fault at no extra charge; the Việc Hot template already includes this clause.
  • Confidentiality and ownership of the results: who owns reports, source code and images, and how far the provider may reuse them.
  • Early termination, compensation for actual damage, and the forum for resolving disputes.

A correctly worded service fee and payment clause

Article 3. Service fee and payment: Service fee: 36,000,000 VND (In words: thirty-six million dong) for a 12-month server maintenance package, excluding value added tax. Party A pays 3,000,000 VND on the 5th of each month after Party B sends the previous month's maintenance report and the two parties confirm the volume of services; Party B issues an invoice within 3 working days of receiving payment.

Acceptance, payment and handling errors: where disputes arise

Most service disputes revolve around two questions: has the work met the standard, and when is payment due. The template says "payment after both parties confirm the volume of services provided", so set a deadline for confirmation, for example 5 working days from receipt of the report, after which no response counts as acceptance; the form of confirmation, by email or signed record; and how to handle a part that falls short. Monthly services such as security or cleaning should come with a table of minimum quality indicators.

  1. Sign the contractFix the scope, acceptance standards, payment schedule and any advance
  2. Phased deliveryThe provider sends reports or deliverables each period
  3. Confirm the volumeWithin the stated deadline, by email or signed record
  4. Payment and invoiceIn the agreed instalments, with invoices issued on time
  5. Warranty and fixesErrors caused by the provider's fault are corrected free of charge

If you are an individual service provider: what to check before signing

Freelance designers, developers, translators and video editors often sign service contracts with companies. Check three things: whether the fee is before or after personal income tax; your right to include the work in your portfolio; and how many rounds of revisions are included at no extra charge. If the company requires you to be present 8 hours a day, records your attendance and has you report to a department head, you are working as an employee: ask for a part-time labour contract so that you get insurance and annual leave. Experts who work by project and deliver reports and written opinions are better served by the consulting contract template.

Drafting a service contract on Việc Hot

Click "Use this template" and choose an industry to get its specific clauses: security services gets duty shifts, information technology gets ownership of work product and accounts. Fill in both parties (if the provider is a company, enter its tax code and legal representative), the description of services, the location, the term, the fee and the payment date. The editor alerts you if you enter fixed working hours. Once finished, print it directly, save it, send a link, or print a bilingual version when the other party is a foreigner.

Frequently asked questions

No, because it is a civil contract. But if an individual provider works under management, direction and supervision and receives regular pay, Article 13 of the Labour Code treats it as a labour contract, and insurance must be paid from one full month.

Independent self-employed individuals usually do not issue invoices; the service user withholds personal income tax at source under current regulations. When the contract is with a company or household business, the provider issues an invoice.

Both are based on Articles 513 to 521 of the Civil Code. A consulting contract is a professional service whose output is reports and written opinions; the consulting template on Việc Hot adds a clause on the right to use the documents.

The template provides that the provider corrects errors caused by its own fault at no extra charge. The contract should also state the deadline for corrections, the fee reduction if they cannot be made, and liability for actual damage.

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