Currently, businesses often use collaborator contracts to agree on the terms, rights and obligations of both parties during the cooperation process. In the article below, 1C Vietnam will introduce to your businesses popular collaborator contract templates along with some important notes when signing contracts. Find out now!

1. Latest updated collaborator contract samples

To choose the appropriate collaborator contract model, businesses need to rely on: Work content, benefits, compensation of collaborators and the needs of the business. Most collaborator contracts are established based on general provisions of law. Businesses can refer to the two collaborator contract samples below and adjust accordingly:

1.1 Collaborator labor contract sample

A complete collaborator labor contract sample will include the following contents:

• Names and addresses of both parties: This information needs to be clearly stated in the contract to clearly identify the parties involved in the contract.
• Work and implementation time: This is the most important content, helping to clearly determine the work that collaborators need to perform and how long it will take.
• Salary: Salary level, salary payment method and salary payment date are important contents that need to be included in the contract.
• Rights and obligations: This is an item regulated based on the provisions of the Labor Code.
• Contract term: The term of the labor contract can be determined or indefinite.
• Dispute resolution: If a dispute arises during the validity of the contract, the two parties will resolve it by conciliation. If not effective, it will be resolved according to the provisions of law.

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1.2 Sample collaborator service contract

Similar to the labor collaborator contract template, the collaborator service contract template also has basic contents such as:

• Names and addresses of party A and party B.
• Work that collaborators need to perform.
• Time limit.
• Value of work performed by collaborators.
• Payment methods.
• Rights and obligations of both parties.
• Some provisions resolve disputes that arise during contract implementation.

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2. What is a collaborator contract?

Collaborator contract is understood as an agreement between service providers and service users. Thereby, the service user must pay the service provider. A full collaborator contract must ensure adequate content showing the paid employment, salary, management, administration and supervision of one party.

Below is an example of a reference collaborator contract:

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

----------o0o----------

CONTRACT CONTRACT

Number: [Contract number]

Today, on [Day] month [Month] year [Year], at [Location], we are:

PARTY A: [Company/Organization Name]

• Address: [Company Address]
• Representative: [Name of representative]
• Position: [Position of representative]
• Phone: [Phone number]
• Email: [Email]

PARTY B: [Contributor Name]

• Address: [Contributor's address]
• ID card/CCCD number: [ID card/CCCD number]
• Date of issue: [Date of issue of ID card/CCCD]
• Place of issue: [Place of issuance of ID card/CCCD]
• Phone: [Phone number]
• Email: [Email]

The two parties agree to sign a collaborator contract with the following terms:

ARTICLE 1: CONTENT OF WORK

Party B will perform the following tasks for Party A:

• [Specific job description]
• [Specific job description]

ARTICLE 2: CONTRACT TERM

2.1 This contract is effective from [Start Date] to [End Date].

ARTICLE 3: COMPENSATION AND PAYMENT

3.1 Party B's remuneration is [Amount] VND/month or by product.

3.2 Payment method: [Payment method, e.g. bank transfer, cash]

3.3 Payment time: [Specific day of the month or other conditions]

ARTICLE 4: RIGHTS AND OBLIGATIONS OF PARTY A

4.1 Provide sufficient information, documents and necessary conditions for Party B to perform the work.

4.2 Pay fully and on time remuneration to Party B according to Article 3.

ARTICLE 5: RIGHTS AND OBLIGATIONS OF PARTY B

5.1 Carry out work on schedule and with quality according to Party A's requirements.

5.2 Confidentiality of information related to work and Party A.

ARTICLE 6: CONFIDENTIALITY PROVISIONS

6.1 Party B commits not to disclose any information related to work and Party A to third parties without Party A's consent.

ARTICLE 7: TERMINATION OF CONTRACT

7.1 The contract may be terminated ahead of schedule in the following cases:

• According to the agreement of both parties.
• Either party seriously violates the terms of the contract.

ARTICLE 8: DISPUTE RESOLUTION

8.1 Any disputes arising from this contract will be resolved through negotiation.

8.2 In case the dispute cannot be resolved by negotiation, the dispute will be resolved in a competent court.

ARTICLE 9: FINAL PROVISIONS

9.1 This contract takes effect from the date of signing.

9.2 The contract is made into 02 copies, each party keeps 01 copy, with the same legal value.

PARTY A'S REPRESENTATIVE PARTY B'S REPRESENTATIVE

[Name, Position, Signature, Seal] [Name, Signature]

Currently, collaborator labor contracts are divided into two main types:

• Collaborators sign service provision contracts: Collaborators provide services and receive money from the business, are not part of the business's operations, and do not pay insurance and associated costs.
• Collaborators sign labor contracts: Collaborators receive salaries and wages calculated based on working days and hours... subject to the management and supervision of the enterprise, paying insurance and accompanying fees.

In addition, collaborators also enjoy the following rights to ensure appropriate benefits and working conditions. Specifically:

• Collaborators are remunerated according to agreed conditions: Collaborators' salaries can be paid based on time, workload or results.
• Collaborators will enjoy benefits regarding occupational safety and hygiene according to the provisions of law.
• Participate in sports and entertainment activities organized by the business if needed.
• Get rest according to the law, including weekly leave, holidays, annual leave...

3 . Some questionable terms in the collaborator contract

When reviewing the contract, collaborators will ask questions related to obligations, social insurance, personal income tax... Soon, 1C Vietnam will answer the above questions in detail. and fully:

3.1 What are the obligations of collaborators?

The signing of contracts between businesses and collaborators is done based on general agreements and provisions of law. In particular, collaborators will have to perform the following obligations:

• Collaborators need to perform work in accordance with the agreement with the enterprise, including: Work content, time, location...
• Collaborators are responsible for preserving the company's assets during work time.
• Comply with general rules and regulations of the enterprise.

3.2 Do collaborators need to pay social insurance?

According to the provisions of the 2010 Labor Law, if the contract signed with a collaborator has content showing the paid employment, salary, administration, and supervision of one party (or in short, there are conditions labor, rights and obligations of each party) is considered a labor contract and collaborators must pay mandatory social insurance.

3.3 Do collaborators need to pay personal income tax?

According to the law, if the income from wages or remuneration of collaborators is VND 2,000,000 or more, the enterprise must be responsible for deducting 10% personal income tax on the income before paying the employee. collaborators. On the contrary, if the collaborator's income is not more than 2,000,000 VND, there is no need to deduct personal income tax.

4. Note when signing contracts with collaborators

When signing a contract with a collaborator, businesses need to pay attention to the following issues to ensure that both parties clearly understand and agree to the terms and conditions of the contract.

• Determine the type of contract the business wants to sign, whether it is a collaborator or service contract.
• Clearly state the work and implementation time that collaborators need to perform.
• Determine specific remuneration that collaborators will receive, including payment method.
• The contract needs to clearly show the rights and obligations of both the collaborator and the business.
• Clearly define terms for resolving disputes that arise during the contract's validity period.

5. Strictly manage Collaborator contracts through 1C:Document Management software

1C:Document Management is a digital Office solution that supports automation of document management and processes in businesses provided by 1C Vietnam. This solution possesses many superior features, including strict contract management capabilities.

Specifically, 1C:Document Management systematically stores Collaborator contracts as well as other types of contracts, thereby shortening search and access time. At the same time, the software also allows managers to monitor and update contract duration, easily link with other types of documents, assign appropriate access rights to each contract,... With 1C :Document Management, businesses can list the number of contracts by each type and time period; Intelligent control of contract processing progress for each individual subject.

Thus, 1C Vietnam has suggested commonly used collaborator contract templates along with some terms and principles when signing contracts with collaborators. To manage collaborator contracts in particular and control labor contracts in businesses in general, businesses can use 1C:Document Management software. With this software, the business's contract processing process will be faster and more efficient, and it will be easier to extract reports and look up data from contracts. Contact 1C Vietnam immediately for more details.