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Unlike other cooperation roles, business cooperation partners involved with suppliers of goods and services face numerous potential disputes. Hence, they require legally standardized business cooperation contract models to align intentions among all parties during collaboration.
The newest business cooperation contract models for 2023 as per legal regulations
1. Mẫu hợp đồng cộng tác viên kinh doanh mới nhất.
2. Hướng dẫn soạn mẫu hợp đồng cộng tác viên kinh doanh.
3. Hợp đồng cộng tác viên kinh doanh được quy định như thế nào?
3.1. Hợp đồng cộng tác viên kinh doanh được xem là "hợp đồng dịch vụ".
3.2. Hợp đồng cộng tác viên kinh doanh có phải là hợp đồng lao động không?
3.3. Cộng tác viên không đóng BHXH được không?
1. The Latest Model of Business Cooperation Contract
- Business Cooperation Contract, Model 1
- Business Cooperation Contract, Model 2
* Download the complete set of business cooperation contract models HERE
2. Guidelines for Drafting Business Cooperation Contract Templates
- Business cooperation contracts are not specifically regulated in legal documents, therefore, parties establishing contracts need to comply with the provisions of the Civil Code with content that is not contrary to the law or social morality.
- A business cooperation contract must ensure the following contents:
+ Information of the contracting parties.
What exactly does it mean to be a collaborator?
How do we calculate commission, fees, and 'salary' when collaborating, and how is it paid?
Rights and responsibilities of parties involved in the contract.
All parties must sign and clearly state their full names.
This writing style highlights similar requirements to those of crafting a Template for collaboration contracts we've shared.
3. How are business collaboration contracts regulated?
3.1. Business collaboration contracts are regarded as 'service contracts'.
- Why are business collaboration contracts seen as service contracts?
This stems from the fact that business collaboration contracts are not specifically regulated in any document, and the object of the contract is to seek customers for the supplier of goods or services (work that can be performed) and be paid 'services' in spirit according to Article 513 of the 2015 Civil Code.
Is a CTV contract a service contract or an employment contract? Understanding the regulations on collaboration contracts in the law.
3.2. Is a business collaboration contract considered an employment contract?
- Collaboration is an agreement of equality, 'collaboration' instead of being subject to management in the employment relationship.
- In practice, due to the nature of stable and long-term work, when signing a business collaboration contract, the parties agree to payment for work and the collaborator must be supervised and managed by the supplier of goods or services. This leads to the business collaboration contract taking on the characteristics of an employment contract, and according to Article 13 of the Labor Code, in this case, the business collaboration contract is considered an employment contract.
3.3. Are collaborators exempt from social insurance contributions?
- Social insurance contributions by collaborators must comply with the regulations on compulsory social insurance participation in the Social Insurance Law 2014, which stipulates that workers under a fixed-term labor contract of at least 01 month are required to contribute to social insurance. Therefore, collaborators who sign contracts with a minimum term of 01 month are required to contribute to social insurance; other cases are exempt from social insurance contributions.
The business collaboration contract template provided here is collected and shared with readers. The application of these templates is quite flexible, users can adjust the content to better fit the practical work situation and the intentions of the parties involved. Readers can also refer to the seasonal labor contract template we have provided.
