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The collaboration agreement is considered a type of service contract, a pact between the service provider acting as the collaborator and the service hiring party being the company or business. In the following article, Mytour introduces readers to the latest collaboration agreement template.
How long is the collaboration agreement valid? Stay updated on collaboration agreement templates exempt from social insurance contributions in the fields of tour guiding, accounting, design, recruitment, and more.
1. Collaboration Agreement Template.
2. Forms of Collaboration Agreement.
3. Related Questions.
3.1. Do collaborators need to pay personal income tax?
3.2. Do collaborators have to contribute to social insurance?
Collaborator: Collaborative Partner.
User of Labor: Labor Utilizer.
Social Insurance, Unemployment Insurance, Health Insurance: BHXH, BHTN, BHYT.
1. Collaboration Agreement Template
- Template 01: Collaboration Agreement in the form of LDH
* Download the template HERE
- Template 02: Collaboration Agreement in the form of service contract
* Download the template HERE
Additionally, the collaboration agreement for business is widely utilized. For more on this topic, it has been covered in the article Sample Business Collaboration Agreement. We invite readers to follow along.
2. Forms of Collaboration Agreements
Sample collaboration agreements can be drafted in the form of either a labor contract or a service contract. As follows:
- Collaboration Agreement as a Labor Contract:
+ In cases where organizations, businesses, or agencies recruit workers as collaborators, and in doing so, the collaborators are bound by specific regulations and rules of that organization, business, or agency. The work involves salaried employment => The recruited person is a collaborator working under a labor contract.
+ The collaboration agreement will be considered a labor contract and must comply with the provisions of the Labor Code 2019.
+ Accordingly, in the labor contract for collaborators, the agreement between the worker and the employer will be documented (working conditions, salary and bonus system, leave policy, rights and obligations of the parties, etc.).
- Collaboration Agreement as a Service Contract:
+ In cases where organizations, businesses, or entities hire employees to work as collaborators without being bound by unit regulations, rules, or policies regarding time, location, and payment based on completed workload => The recruited person is a collaborator working under a service contract.
+ The Collaboration Agreement is considered a service contract and complies with the provisions of the Civil Code 2015.
+ The Collaboration Agreement is an agreement between the service provider (collaborator) and the service hiring party (business, organization, entity). Accordingly, the service user, the service hiring party, must pay the service provider for the services rendered.
Regulations on collaboration agreements: Content and drafting techniques
When it comes to intriguing questions
Exploring the realm of taxation for collaborators
Referring to Circular 111/2013/TT-BTC, individuals or entities disbursing compensation or rewards to individuals residing without a signed labor contract under 03 months, with a total payment exceeding 2 million VND per occurrence, must deduct a 10% income tax on the income before disbursing to the individual.
Therefore, in the case of freelancers entering into service contracts/labor contracts lasting less than 03 months, the company will deduct a 10% personal income tax on the income before paying to the freelancer if the freelancer earns more than 2 million VND.
Unraveling the BHXH mystery for collaborators
- As previously mentioned, there are two forms of collaboration contracts for freelancers, hence:
+ If the freelancer signs a labor contract as a collaborator => The freelancer must participate in contributing to BHXH, BHYT, BHTN... as regulated by the Ministry of Labor.
+ If the freelancer signs a service contract as a collaborator => The freelancer is exempt from contributing to BHXH, BHTN, BHYT (often referred to as: collaboration contract model exempt from BHXH)
Here, it is hoped that readers will gain a clearer understanding of the collaboration contract template and how to draft it. When drafting a collaboration contract, attention should be paid to the form and execution terms to ensure the rights and responsibilities of all parties.
Readers can explore more legally compliant contract templates provided by Mytour, such as the Model Apartment Sale Contract or International Trade Contract, Import License Contract in both Vietnamese and English,...
