Mandate contracts Vietnam

Mandate contracts in accordance with Vietnamese Civil Codes 2005

Mandate contracts by Vietnamese Civil Codes 2005 consists of 9 articles from 581 to 589.

1. Definition of Mandate contracts by Vietnamese Civil Codes

 A mandate contract is an agreement between the parties whereby the mandatary shall have the obligation to perform a task on behalf of the mandator, and the mandator shall only have to pay remuneration, if so agreed upon or provided for by law.

2. Time limit of mandate by Vietnamese Civil Codes

 The time limit of mandate shall be agreed upon by the parties or provided for by law; if there is no agreement or no legal provisions theron, the mandate contract shall be effective for one year as from the date the mandate is established.

3. Sub-mandate by Vietnamese Civil Codes

 The mandatary shall be entitled to submandate a third party only if so consented by the mandator or so provided for by law.
The form of a submandate contract must also conform to the form of the original mandate contract.
 The submandate must not go beyond the scope of the original mandate.

4. Obligations of the mandatary by Vietnamese Civil Codes

 The mandatary shall have the following obligations:
 a. To perform the task in accordance with the mandate and notify the mandator of the performance thereof;
 b. To notify a third party concerned with the performance of the mandate of the mandate time limit and scope as well as any amendments or additions to the scope of mandate;
 c. To preserve and maintain the documents and instruments entrusted to him/her for performing the mandate;
 d. To keep secret the information which he/she knew while performing the mandate;
 e. To return to the mandator the property received and benefits obtained in the process of performing the mandate as agreed upon or provided for by law;
 f. To compensate for any damage arising from any breach of the obligations specified in Clauses a, b, c, d and e of this Article.

5. Rights of the mandatary by Vietnamese Civil Codes

 The mandatary shall have the following rights:
 a. To request the mandator to provide information, documents and means necessary for performing the mandated task;
 b. To be entitled to remuneration and reimbursement of reasonable expenses he/she has paid for the performance of the mandated task.

6. Obligations of the mandator by Vietnamese Civil Codes

 The mandator shall have the following obligations:
 a. To provide necessary information, documents and means for the mandatary to perform the task;
 b. To take responsibility for the commitments performed by the mandatary within the scope of mandate;
 c. To reimburse reasonable expenses paid by the mandatary for the performance of the mandated task and pay remuneration to the mandatary, if so agreed upon.

7. Rights of the mandator by Vietnamese Civil Codes

 The mandator shall have the following rights:
 a. To request the mandatary to fully notify the performance of the mandated task;
 b. To request the mandatary to return the property and benefits obtained from the performance of the mandated task, unless otherwise agreed upon;
 c. To be compensated for damage, if the mandatary breaches the obligations specified in Point 4 of this page.

8. Unilateral termination of performance of mandate contracts by Vietnamese Civil Codes
 a. In case of a mandate with remuneration, the mandator may unilaterally terminate the perfomance of the contract at any time, but must pay the mandatary a remuneration corresponding to the task already performed by the mandatary and compensate for damage; if it is a mandate without remuneration, the mandator may unilaterally terminate the performance of the contract at any time, but must notify the mandatary thereof in advance within a reasonable period of time.
The mandator must notify in writing a third party of his/her unilateral termination of the performance of the contract; if not, the contract with the third party shall remain in effect, except in cases where the third party knew or must have known about the termination of the mandate contract.
 b. In case of a mandate without remuneration, the mandatary may unilaterally terminate the performance of the contract at any time, but must notify the mandator thereof in advance within a reasonable period of time; if it is a mandate with remuneration, the mandatary may unilaterally terminate the performance of the contract at any time, but must compensate for any damage to the mandator.

9. Termination of mandate contracts by Vietnamese Civil Codes

 A mandate contract shall terminate in the following cases:
 a. The mandate contract has expired;
 b. The mandated task has been fulfilled;
 c. The mandator or the mandatary unilaterally terminates the performance of the contract as provided for in Point 8 of this page;
 d. The mandator or the mandatary dies, or is declared by the court as losing his/her civil act capacity, having his/her civil act capacity restricted, missing or dead.

Lawyervn.net