Ex 1:

- LEGAL RELATIONS:
o Legal relations are the legal form of social relations appear under the
regulatory influence of the law, in which the parties to the relationship have
subject rights and legal obligations recognized by law and guaranteed by
the State by educational measures. education, persuasion, organization, and
possibly coercion.
Legal relation = Social relation + Legal norms
o Legal relations and Social relations:

- CIVIL RELATIONS:
o Social relation + civil law
• Civil relation + civil law
• Objects of regulation of civil law
→ Relation established on the basis of
» Equality
» Freedom of will
» Independence of property
» Self-determination
o Civil relations and Legal relations:
Ex 2:
1. Are you entitled to get married now? Why (not)?
Yes, because females who are from full 18 years old have full conditions to get
married.
Article 8. Conditions for marriage (Article 8 of the Law on Marriage and Family
2014) -> Civil Act Capacity (năng lực hành vi)
1. Men and women getting married must comply with the following conditions:
a) Men aged full 20 years or older, women aged full 18 years or older;
b) The marriage is voluntarily decided by the man and the woman;
c) No loss of civil act capacity;
d) The marriage does not fall into one of the cases where marriage is prohibited as
prescribed at Points a, b, c and d, Clause 2, Article 5 of this Law.
2. The State does not recognize marriage between people of the same sex.
Art 39.1 Civil Law -> Civil legal capacity (năng lực pháp luật)
2. Are you entitled to conclude a labour contract now? Why (not)?
Yes, because people who are from full 18 years old and have full act capacity are
allowed to participate in any labour contract and take their responsibility for it.
Article 19. Legal capacity of natural persons (Civil Law)
The legal capacity of a natural person is his/her capability to establish and exercise
civil rights and perform civil obligations through his/her acts.
Article 20. Adults (Civil Law)
1. Adults are persons who are eighteen years of age or older.
2. Each adult shall have full legal capacity
Article 18: Authority to enter into labor contracts (Labor law)
The person entering into a labor contract on the employee's side is a person in one
of the following cases:
Employees aged full 18 years or older.
The employee is from full 15 years old to under 18 years old with the
written consent of his/her legal representative.
Persons under 15 years of age and their legal representatives.
3. Can you buy some textbooks for your own courses at the university?
Does it matter whether or not you can afford it? Why (not)?
Yes, because textbook is a legal good so it can be afforded by anyone.
Article 20.2 Adults (Civil Law,2015) Each adult shall have full legal capacity
Article 19. Legal capacity of natural persons (Civil Law,2015)
The legal capacity of a natural person is his/her capability to establish and exercise
civil rights and perform civil obligations through his/her acts.
Ex 3:
A (5 years old) loves singing and would like to register for a talent competition.
a. Advise A on how to do so! Can A register by herself?
I: Can A register for the competition and if not, how can she do it?
R: Art 21.2 Civil Code 2015: Civil transactions of each child under six years of
age shall be established (R1) and performed by his/her legal representative.(R2)
A: A is 5 years old, which means that they need their legal representative to
complete the civil transaction or the registration process for them.
Assumptions met -> Regulations applied
A1= talent competition -> unilateral legal act
A2=A
A3= A’s age=5 (<6 years old)
R:
C: A can’t register on her own
A need their parents or legal representative to complete the registration for
her/him.
b. After winning the 1st prize in the competition, A would like to
put the awarded money some in a saving account. Can A
do so by herself?
I: A win the competition and receive money for reward. Can A put the awarded
money some in a saving account by herself? And if not, how can she do it?
R: Art 21.2 Civil Code 201: Civil transactions of each child under six years of age
shall be established and performed by his/her legal representative.
A: A is 5 years old, which means that they need their legal representative to create
and put money in a saving account for him/her.
C: A can’t put the awarded money some in a saving account by herself.
A need their parents or legal representative to put their reward money in a saving
account.
Ex 4:
a.
- Issue: Can B by himself conclude a lease contract with the potential landlord?
- Rule:
+ Article 20, civil code 2015: (i) Adults are persons who are eighteen years of age
or older; (ii) Each adult shall have full legal capacity, except for the cases
prescribed in Articles 22, 23 and 24 of this Code.
Từ Art 20.1 => B is adult
Từ Art 20.2 => Application
+ Article 19, civil code 2015: The legal capacity of a natural person is his/her
capability to establish and exercise civil rights and perform civil obligations
through his/her acts.
Từ Art 19 => Conclusion
- Application: B was born on 30/12/2002, so he/she is already 18 years old. He/she
can be considered an adult when establishing and exercising civil rights and
perform civil obligations through his/her acts or he has full civil capacity.
- Conclusion: B can conclude a lease contract with the potential landlord by
himself/herself.
b.
- Issue: Can B do the shopping for some personal stuffs on his own?
- Rule:
+ Article 19, civil code 2015: The legal capacity of a natural person is his/her
capability to establish and exercise civil rights and perform civil obligations
through his/her acts.
+ Article 20, civil code 2015: (i) Adults are persons who are eighteen years of age
or older; (ii) Each adult shall have full legal capacity, except for the cases
prescribed in Articles 22, 23 and 24 of this Code.
- Application: B is 18 years old, so he/she has full legal capacity and is able to
establish and exercise civil rights and perform civil obligations through his/her
acts.
- Conclusion: B can do the shopping for those personal stuffs on his own.
c.
- Issue: can B conclude the labour contract with the potential employer?
- Rule:
+ Article 19, civil code 2015: The legal capacity of a natural person is his/her
capability to establish and exercise civil rights and perform civil obligations
through his/her acts.
+ Article 20, civil code 2015: (i) Adults are persons who are eighteen years of age
or older; (ii) Each adult shall have full legal capacity, except for the cases
prescribed in Articles 22, 23 and 24 of this Code.
- Application: B is 18 years old, so he/she has full legal capacity and is able to
establish and exercise civil rights and perform civil obligations through his/her
acts.
- Conclusion: B can conclude the labour contract with the potential employer.
d. The answer is the same.
e.
- Issue: How can his parents stop B from selling out his household assets to cover
his drug expenses so from a legal perspective?
- Rule: Article 24.1, civil code 2015: A court shall, at the request of a person with
related rights or interests or a relevant agency or organization, issue a decision to
declare a person with limited legal capacity after excessive drug consumption or
other psychotropic substances, worsening material situation of the family. The
court shall appoint a legal representative of the person with limited legal capacity
and the representation scope.
- Application: B is now addicted to drugs and has sold out his household assets to
cover drug expenses, so his parents can stop him from doing so by requesting a
court to issue a decision to declare him as a person with limited legal capacity after
excessive drug consumption or other psychotropic substances, worsening material
situation of the family. Afterwards, they may be appointed B’s legal
representatives, so they can control him.
- Conclusion: B’s parents can request a court to declare B as a person with limited
legal capacity after excessive drug consumption to become his/her legal
representatives.
f.
- Issue: How can B’s parents legally control him if he is an addicted gambler or
game player?
- Rule: Article 24.1, civil code 2015: A court shall, at the request of a person with
related rights or interests or a relevant agency or organization, issue a decision to
declare a person with limited legal capacity after excessive drug consumption or
other psychotropic substances, worsening material situation of the family. The
court shall appoint a legal representative of the person with limited legal capacity
and the representation scope.
- Application: gambling and games are not drugs, so B’s parents cannot legally
control him by request a court to issue a decision.
- Conclusion: B’s parents cannot legally control him, they need to find some ways
to persuade him to stop.
Ex 5:
1.
- I: Is FTU legal person?
- R: Art.74.1
- A:
o A1: FTU is a university, it is a public educational organization, consisting
multiple individuals
o A2: FTU is established by the government
o A3: Head of FTU: + Institute of Economics and International business
+ Faculties
+ Depts
o A4: FTU has its own property: self-liable for its depts
 o A5: FTU has its own name: use its own name in civil relations
CONTRACT: party A (FTU) + legal representative = president
- C: FTU is a legal person
2.
- I: Is a sole proprietorship a legal person?
- R: Art 74.1 Civil Code 2015
- A:
o A1: Sole proprietorship is an economical organization
o A2: Sole proprietorship = legally formed (by the decision of the authority)
under the provisions of the Law on Enterprises
o A3: Organizational structure
Owner, president, CEO => Sales and marketing; service, delivery; office
manager. It is owned and operated by a single individual who has a final
decision about strategy, marketing and financial problems
o A4: Independent property => No
 Owner enjoys the profit from the business
 In legal terms, business = the owner => No self-liability => Liability
is limited to the owner’s assets (owner has to take all the risks)
President Vice president 1 Vice president 2Deport Institute Faculty
Uni council
o A5: Sole proprietorship can participate independently in some contracts in
its own name
- C: Sole proprietorship is not a legal person
3.
- I: Is a limited liability company a legal person?
- R: Art 74.1 Civil Code 2015
- A:
o A1: Limited liability company is an economical organization
o A2: Limited liability company = legally formed (by the decision of the
authority) under the provisions of the Law on Enterprises.
o A3: Organization structure
Owner, president, CEO => Sales and marketing; service, delivery; office
manager.
It can be owned and operated by many individuals who have a final
decision about strategy, marketing and financial problems.
o A4: Independent property: self-liable for its depts
o A5: Participate independently in legal relations in its own name
- C: A limited liability company is a legal person
4.
- I: Is a joint stock company a legal person?
 - R: Art 74 Civil Code 2015
- A:
o A1: JSC is an economical organization
o A2: Joint stock company = legally formed (by the decision of the authorty)
o A3: Organization structure
Owner, president, CEO => Sales and marketing; service, delivery; office
manager
It is owned and operated by many individuals who have a final decision
about strategy, marketing and financial problems
o A4: Independent property: self-liable for its depts
o A5: Participate independently in legal relations in its own name
- C: A joint stock company is a legal person
Ex 6:
a) The threshold of the enterprise’s liability is 10 billion VND.
b)
Áp dụng những phân tích từ bài 5, ta có thể rút ra được:
(1)I: Do its owners have to cover its debt by their own private assets in case of
the enterprise being a sole proprietorship?
R: article 74 Civil code 2015
A: an individual – the boss of a sole proprietorship is solely responsible with
all his assets for all activities of the enterprise => so it has property dependent on
the private assets => unsatisfied
C: owners of a sole proprietorship have to cover its debt by their own
private assets
(2)I: Do its owners have to cover its debt by their own private assets in case of
the enterprise being a limited liability company?
R: Art 74 Civil Code 2015
A: the limited liability company assets are independent from private asset
C: owners of the limited liability company do not have to cover the debt by their
own assets.
(3)I: Do its owners have to cover its debt by their own private assets in case of
the enterprise being a joint stock company?
R: Art 74 Civil Code 2015
A: the joint stock company assets are independent from private asset
C: owners of the joint stock company do not have to cover the debt by their own
assets.
Ex 7:
1.
- I: Can the shop require you to pay extra money for the screen, keyboard?
- R: Art 110 Civil Code 2015
- A:
o A1: a PC set
o A2: can be use for many purposes: surf internet, play game, learn
Primary object
o A3: screen supports displaying the image of the PC; keyboard helps typing
o A4: Part of PC but do not accompany with the PC set
Auxiliary object
o A5: You are buying a PC from an electronic shop so the shop has
obligation to transfer the auxiliary which is screen and keyboard
o A6: I can deal with the shop to not buy screen, keyboard since I’ve already
had them
- C: The shop cannot require to pay extra money for screen, keyboard. But if a term
is agreed on just buying the PC set, I can just buy the PC set

2.
a)
- I: Can the remaining assets be divided equally among two owners of the
enterprise??
- R: Art 111.2, Civil Code 2015
- A:
o A1: object= an automobile, a set of computer, a printer, a table and a dozen
of chairs
o A2= after being divided, is not able to retain its original characteristics and
usage: when physically divided such objects, they cannot remain its original
functions.
 indivisible objects
o A3= When an indivisible object needs to be divided= enterprise dissolves,
two owners want to divide their assets.
=> Because they are indivisible objects, they must be valued in money
when it comes to the division. In this case, the assets will be added by all
value in money, and it equals 500m+20m+10m+20m and each will receive
275 m VND.
- C: The remaining assets can be divided as long as they must be valued in money.
b) If the remaining assets are to be divided equally, it means that each of the
owners will receive 275m. So, if either of the owners insists on keeping the
automobile for himself, that person should pay 225m in money to the other
owner who cannot keep the automobile for himself.
3.
 - I: Are you obligated to either refill the car or to pay for the use amount of
petroleum?
- R: Art 112 Civil Code 2015
- A:
o Art 112.2:
+ A1: A car
+ A2: after using many times, car still remains its original characteristics,
appearance and usage.
=> A non-consumable object
o Art 112.1:
+ A1: Petroleum
+ A2: Petroleum is the fuel used to operate the car, which will be consumed,
converted into energy when the car is running.
=> A consumable object
=> Consumable may not be the object of a lease contract or of a lending contract
- C: You are not obligated to do so because petroleum is a consumable object but if
there is a prior agreement between you and the leaser that you will have to fill the
petroleum or pay a fee for the amount of petroleum used then you must fulfill
those obligations to the leaser.
4.
Ex 9:
1.
I: Can the shop require you to pay the extra money for the screen, keyboard on
the grounds that they do not accompany the PC???
R: Art 110 Civil Code 2015
A1: A primary object
R1: is an independent object the utility of which can be exploited according to its
functions.
A2: An auxiliary object
R2: is an object which directly supports the exploitation of the utility of a primary
object and which is part of the primary object but which may be separated from it.
A3a: Upon performance of an obligation to transfer a primary object + unless
otherwise agreed
 A3b: any auxiliary objects
R3: must also be transferred
A:
A1=PC
A2= screen, keyboard
A3a= You are buying a PC set at an electronics shop, means that the shop have obligation
to transfer the PC to the buyer.
All assumptions are met -> apply R3
C: The shop cannot require you pay the extra money
2.
a. I: Can the remaining assets be divided equally among two owners of the
enterprise??
R: Art 111, Civil Code 2015
A1: An indivisible object
R1: is an object which, after being divided, is not able to retain its original
characteristics and usage.
A2: When an indivisible object needs to be divided, it
R2: must be valued in money for the purpose of division.
A:
A1= an automobile, a set of computer, a printer, a table and a dozen of chairs ->
R1: they are indivisible objects
A2= the assets of an automobile, a set of computer, a printer, a table and a dozen
of chairs need to be divided equally among two owners.
R2: Because they are indivisible objects, they must be valued in money when it
comes to the division. In this case, the assets will be added by all value in money, and it
equals 500m+20m+10m+20m.
C: The remaining assets can be divided as long as they must be valued in money.
b. If the remaining assets are to be divided equally, it means that each of the
owners will receive 275m. So, if either of the owners insists on keeping the
automobile for himself, that person should pay 225m in money to the other owner
who cannot keep the automobile for himself.
Ex 10:
3. I: Are you obliged to refill or pay the extra money for the used amount of
petroleum when returning the car to the leaser???
R: Art 112.1 Civil Code 2015
A1: A consumable object
R1: object is an object which, after being having been used once, loses or is not
capable of retaining its original characteristics, appearance and usage.
A2: A consumable object
R2: may not be the object of a lease contract or of a lending contract.
A:
A1= the amount of petroleum the car used -> R1 applied: because after having
been used once, it loses or is not capable of retaining its original characteristics,
appearance and usage, so the petroleum the car used is consumable object.
A2= the amount of petroleum the car used is consumable objectR2: because the
amount of petroleum the car used is consumable object, so itmay not be the object of a
lease contract or of a lending contract
C: You do not have to either refill the car or pay for the used amount of petroleum.
4.
- I: Do I have to accept the bike of the same model, year of production and quality
but with another number plate as a replacement for the bike with the plate number
of xxx-8888?
- R: Article 113.2, civil code 2015
A1: A distinctive object
R1: is an object which is distinguishable from other objects by its own
characteristics regarding
markings, appearance, color, material, nature or position.
A2: An obligation to transfer a distinctive object
R2: is only able to fulfill by transferring that particular distinctive object.
- A:
A1=the bike with the plate number of xxx-8888
R1 applied: the bike with the plate number of xxx-8888 can be considered a
distinctive object due to the special number series of 8888.
A2= you buy the bike with the plate number of xxx-8888, and the seller has the
obligation transfer the ownership of the bike to you
R2= the seller has the obligation transfer the ownership of the exact bike to you
and the transaction is fulfilled is when you receive the bike that you desired.
- C: I will not accept that offer of the seller at any rate.