CAN AN INDIVIDUAL SIGN A SERVICE CONTRACT?

Regarding such issue, FUJILAW would like to give some legal advice as follows:

(i) According to Dispatch No. 1019/TCT-TNCN, an individual cannot sign a service contract for works having labor relationship nature, it means that if an individual does a work regularly and is paid for such work, a labor contract must be signed.

(ii) According to Civil Code, AN INDIVIDUAL MAY PROVIDE SERVICES but under COMMERCIAL LAW, such individual must have business registrations, it means that only traders are allowed to provide services.

From (i) and (ii), it can be seen that AN INDIVIDUAL IS NOT ALLOWED TO SIGN A SERVICE CONTRACT.