Is it possible to extend the time when provision of services is delayed?

I and Ms. A have an agreement that I will complete the provision of services to Ms. A until December 31, 2020. However, at that time, the force majeure event was difficult to explain, so the service has not yet been provided. According to the law, can I continue to perform that service contract?

FDVN’s opinion:

Thank you for concerning FDVN’s legal services. Regarding your consulting requests, after studying the relevant legal documents, FDVN Law Firm would like to give you the following advice:

According to Clause 1 Article 517 of Civil Code 2015, service providers are obligated to perform the act strictly in accordance with the agreement on quality, quantity, time, location, and other matters. Where a service provider commits a serious breach of its obligations, the client may terminate unilaterally performance of the contract and demand compensation for damage according to Clause 2, Article 516 of Civil Code 2015.

However, Article 521 of this Code provides that: “If, after the expiry of the agreed period for the provision of services, the act has not been completed and the service provider continues its performance and the client is aware of this but does not object, the performance of the contract for services shall automatically be deemed to continue in accordance with the agreed terms until the act is completed.”

Based on the above provisions, by December 31, 2020, if you have not finished providing the services but Ms. A does not object, the service contract between the two parties will automatically continue until the job is completed; If Ms. A objects, you will not be able to continue the service contract. In addition, in case of delay in providing the services and causing damages to Ms. A, you must compensate for those damages.

Above is FDVN Law Firm's opinion for your request of a consultant based on studying the relevant legal provisions. Hopefully, FDVN's advice would be helpful to you.

Nguyen Thi Lan Anh - FDVN Law Firm

CONTACT US:

Lawyers in Da Nang:

99 Nguyen Huu Tho, Quan Hai Chau, Da Nang city

Lawyers in Hue:

336 Phan Chu Trinh, Hue City, Thua Thien Hue

Lawyers in Phu Quoc:

65 Hung Vuong, Duong Dong town, Phu Quoc island district

Lawyers in Quang Ngai:

359 Nguyen Du, Quang Ngai City, Quang Ngai Province.

Lawyers in Ha Noi

Room 501, 5th Floor, No. 11, Lane No. 183, Dang Tien Dong Street, Dong Da District, Ha Noi

Website: www.fdvn.vn    www.fdvnlawfirm.vn  www.diendanngheluat.vn  www.tuvanphapluatdanang.com

Email: fdvnlawfirm@gmail.com    luatsulecao@gmail.com

Phone: 0935 643 666    –  0906 499 446

Fanpage LUẬT SƯ FDVN: https://www.facebook.com/fdvnlawfirm/

Legal Service For Expat:  https://www.facebook.com/fdvnlawfirmvietnam/

TỦ SÁCH NGHỀ LUẬT: https://www.facebook.com/SayMeNgheLuat/

DIỄN ĐÀN NGHỀ LUẬT: https://www.facebook.com/groups/saymengheluat/