Consulting on the rights and obligations of the parties in the service contract

Article overview

The rights and obligations of the parties in the service contract are the core content that defines the responsibilities and benefits of service providers and users. A service contract establishes a legal relationship between the parties, clearly specifying the scope of work, performance deadline, service quality, and payment method. This article will analyze in detail important legal aspects related to rights and obligations in service contracts.

Parties to the service contract
Parties to the service contract

Concept of service contract

According to Articles 513 and 514 of the Civil Code 2015, a service contract is an agreement between the service provider and the service user. The supplier commits to perform the work for the user, and the user is obligated to pay. The object of the contract must be legal work, not violating prohibitions of law and social ethics.

The service contract is bilateral in nature, meaning that both parties have rights and obligations towards each other. The supplier performs the work as requested, the user is responsible for paying and creating favorable conditions. This is a type of contract with compensation, shown by the fact that each party receives adequate benefits after performing their obligations.

Typical examples of service contracts include: legal consulting contracts, design contracts, equipment maintenance contracts… In each contract case, the supplier commits to completing specific work. , and the user has the obligation to pay and coordinate when necessary.

Service contract
Service contract

Characteristics of service contracts

Service contracts have three main legal characteristics.

First, the supplier must directly perform the work and deliver the results to the lessee. They can use associates but must be responsible for the work results. Allocating all work to a third party requires the consent of the hiring party.

Second, service contracts are compensatory. This is shown by the fact that each party receives adequate benefits after performing their obligations. The supplier receives remuneration after completing the work satisfactorily. The lessee receives the results of the work after full payment.

Third, service contracts are bilateral. Both parties have rights and obligations towards each other. The supplier has the obligation to perform the work and the right to request payment. The lessee has the obligation to pay and the right to demand quality work results. This balance creates an equal contractual relationship between the parties.

Rights and obligations of the service provider

According to Articles 517 and 518 of the Civil Code 2015, the service provider has basic obligations and rights.

About obligations:

  • The work must be performed in accordance with the agreed quality, quantity, deadline, and location.
  • Assigning work to another person requires the consent of the service user.
  • The supplier is responsible for preserving the assigned documents and means and returning them after completing the work.
  • Must immediately notify the user if information and documents are incomplete or the equipment does not meet quality standards.
  • Keeping information confidential during work performance is a mandatory obligation if there is an agreement or legal regulation.
  • Compensate for damages to the service user if there is loss or damage of assigned documents or media or disclosure of confidential information.

About benefits:

  • The supplier may request the user to provide necessary information, documents and facilities.
  • Service conditions may be changed for the benefit of the user without waiting for comments, if waiting would cause damage. However, they must immediately notify the user of these changes.
  • Require the service user to pay for the service.
Responsibility for preserving documents
Responsibility for preserving documents

Rights and obligations of service users

Articles 515 and 516 of the Civil Code 2015 clearly stipulate the rights and obligations of service users.

Regarding obligations, they must provide necessary information, documents and facilities to the supplier according to the agreement or job requirements. Payment of service fees on time and in full is an important obligation of the user.

Regarding rights, the user has the right to request the supplier to perform the work in accordance with the agreed quality, quantity, deadline and location. In case the supplier seriously violates its obligations, the user has the right to unilaterally terminate the contract and request compensation for damages.

The user also has the right to monitor and check the progress of work. They can request the supplier to report periodically or unexpectedly on the status of service performance. The right to refuse to accept unsatisfactory work results and request repairs and completion also belongs to the service user.

Consulting services on the rights and obligations of the parties in service contracts at Long Phan

Long Phan’s experienced team will analyze contract terms in detail, ensuring legal rights for customers. We advise on how to draft contracts, negotiate terms and resolve disputes effectively. Our services include:

  • Consulting on drafting service contracts, ensuring optimal rights and obligations of the parties;
  • Review contracts, advice on adjusting contract content;
  • Support negotiations and negotiations;
  • Clearly explain customers’ rights and obligations, avoiding unnecessary legal risks.
  • Analyze customer needs, research contracts, propose solutions, support negotiations and finalize contracts;
  • Consulting on the fastest and most effective solution for resolving contract disputes.

Understanding the rights and obligations in service contracts is an important factor in protecting the interests of both parties. Long Phan is committed to providing professional consulting services, helping customers build and implement effective service contracts. Please contact us immediately via the hotline 0906735386 for the best support on legal issues related to service contracts.