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Tổng-hợp-BTPLĐC - cô Hằng

Pháp luật đại cương (Trường Đại học Ngoại thương)

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TRẮC NGHIỆM:
Question 1 : In a civil lawsuits, the plantiff can D. None is correct
claim: Question 10 : case law is :
A. damages A. Customs
B. Death penalties B. Recognized by the state as law
C. Specific performance C. All of the above are correct
D. None is correct D. None is correct
Question 2 : the party initiating a law-suit at the Question 11 : A legal relation is
first- instance civil court is called the… A. A social relation
A. Prosecutor B. Regulated by law
B. Respondent C. All of the above are correct
C. Plaintiff D. None is correct
D. Accused Question 12 : legal norms are :
Question 3 : The standard of proof required in a A. Regualtion governing individual
civil matter is : conduct
A. Beyond resonable doubt B. Enforceable
B. Beyond the balance of possibilities C. Enactus by the state
C. Unanimous D. All are correct
D. On the balance of probabilities Question 13 : …. Is/ are the source of law in VN
Question 4: The state style is : A. Customary law
A. The state form B. Customary law, case law
B. The notion reflecting the state C. Customary law , case law and
essence statutory law
C. Both of the above are correct D. None is correct
D. None is correct Question 14 : in a non competition agreement
Question 5: A state : the object of the relation includes :
A. Follows one single state style A. A thing
B. Can follow many state styles B. A conduct
C. Either a or b is correct C. A non-conduct
D. None is correct D. None is correct
Question 6 : The state ruling form is the form of Question 15 : States appeared since …..
A. Organization of the state powers , A. The primitive community era
state agencies and the involvement B. The slavery possesion era
of citizens in their formation and C. The feudal era
their relation. D. The capitalist era
B. Organization of the state territories Question 16 : A legal relation :
C. Either of A and B is correct A. A social relation
D. Both a and b are correct B. Regulated by law
Question 7 : Injunction is …. C. All of the above are correct
A. Money claimed by someone as D. None of the above is correct
compensation for harm done Question 17 : State of the same styles can not
B. To send someone to prison or to a take different forms.
court A. True
C. To order someone to pay money as a B. False
punishment Question 18 : … is/are an insepertable part of
D. A court order telling someone to the legal norms:
stop doing something or not to do A. The assumption part
something B. The regulation part
Question 8 : Specific performance is : C. Both of the above are correct
A. The performance in a specific case D. The assumption , regulation and
B. An obligation under law sanction part
C. A remedy under civil law Question 19 : For a legal relation to take place in
D. A remedy under criminal law reality:
Question 9 : Customary law is : A. Only its three elements are needed
A. Customs B. Its three elements and a legal event
B. Recognized by the state as law (in some instences…
C. All of the above are correct C. Its three elements and a legal event

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D. None is correct
Question 20 : the person who commences
legal action….
A. Plaintiff
B. Defendant
C. Respondant
D. None is correct
Question 22 : the party initiating a law suit at the
first instance civil court is called : Plaintiff

membership in the United Nations.

d. All of the above.
7. Which of the following states is not required
1. International law is the body of rules and to observe a particular rule of
norms that regulates activities carried on outside customary international law?
the legal boundaries of nations. a. A persistent objector.
2. International law regulates relationships b. A state that has recently acquired its
between: independence following the division of its
a. states and states. predecessor state.
b. states and persons. c. A superpower.
c. persons and persons. d. All of the above.
d. All of the above. 8. Recognition of a government is usually made
e. Both a. and b. above. in a bilateral agreement.
3. Which of the following is an example/are a. True b. False
examples of the subject matter of public 9. When State A and State B merge to form State
international law? C, State C and the other state parties to a treaty
a. Contracts and sales. made by State A can agree either to terminate
b. Securities regulations. the treaty or extend it to the whole territory of
c. State succession. the new state.
d. All of the above. a. True b. False
e. None of the above. 10. When State A and State B merge to form
4. Which of the following is an example/are State C, State C will no longer be bound by a
examples of the subject matter of private treaty made by State A if its object and purpose
international law? can no longer be accomplished.
a. Antitrust. a. True b. False
b. Nationality. 11. When a part of the territory of State X shifts
c. State responsibility to aliens. and becomes part of the territory of State Y, the
d. All of the above. treaties made by State X continue to apply to
e. Both a. and b. above. that territory.
5. Law is: a. True b. False
a. a rule established by authority, society, or 12. Nationals of a territory that is acquired by a
custom. successor state will keep the nationality of the
b. a body or system of rules. predecessor state unless a different result is
c. the control or authority imposed by a system agreed to in a treaty of cession or by municipal
of rules. legislation.
d. All of the above. a. True b. False
e. None of the above. 13. State Q disintegrates into State R and State
6. Treaties and conventions have binding effect S. State R and State S are both
because: responsible for State Q’s national debt.
a. one country fears that if it does not respect its a. True b. False
promises, other countries will not 14. Which of the following is NOT a
respect their promises. characteristic common to intergovernmental
b. states that fail to observe them may be fined organizations?
or otherwise punished by the a. They are created by two or more states.
International Court of Justice. b. They are meant to pursue interests common to
c. states that fail to observe them will lose their their creators.

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c. They function autonomously as independent
international persons.
d. They operate through branches and
subsidiaries around the world.
e. None of the above is a correct answer.
15. The name “common law” (as it is used in
TỰ LUẬN
Civil Law in VN -> Overview
Civil legal relation
Ex1: Review
LEGAL RELATIONS
Social relations + Legal norms = Legal relations
Elements of legal relations: subjects (các bên chủ thể) – capacity (năng lực, quyền
hạn), objects (khách thể), contents (nội dung)
Differences between legal relations and other social relations
Legal relations
- Legal relationship is a social relationship
regulated by law, so it always shows the will
of the state by determining social relations
that need to be adjusted by law, by stipulating
conditions for owners. may enter into a
relationship and by stipulating legal rights
and obligations for the subjects participating
in that legal relationship. In addition, legal
relations also represent the will of specific
subjects participating in that relationship, but
the will of other subjects must be consistent
with and not contrary to the will of the state.
- The parties to the legal relationship have
legal rights and obligations prescribed or
recognized and guaranteed by the state.
Eg. Marital relation
Business relation
Labour relation etc
#The concept of civil legal relations
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England) is derived from the theory that the
king’s courts represented the common custom of
the realm, as opposed to the local customary law
practiced in the county and manorial courts.
a. True b. False
Other social relations
- Other social relations are social relations
that are adjusted by other types of social
norms such as customs, practices, ethics,
customary laws or norms of non-state
organizations, etc., so they cannot be
expressed the will of the state but only
expresses the will of specific subjects
participating in that relationship or the will
of those subjects together with the will of
non-state organizations.
- Other parties to social relations have rights
and obligations prescribed in customs,
practices, ethics, laws, religious beliefs or
regulations of non-state organizations.. and
is guaranteed to be done by habit,
conscience, inner beliefs, public opinion or
non-state coercive measures.
Eg. Friendship
Colleagues
Kinship etc
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Is a social relationship governed by civil legal relations, that is, social relations
arising in the civil field, relations related to personal and property factors in the
civil fields, marriage, family, labor, commerce...
# Difference btw civil legal relations and legal relations is that civil legal
relations are social relations governed by laws arising in the civil field, relations
related to personal and property factors in the civil fields, marriage, family, labor,
commerce (or civil law)... while legal relations are broader, consisting of
criminal+ administrative+ civil legal relations and are governed by various laws.
Exercise 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
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
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:

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 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.
Exercise 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)
R1:
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 cometition 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?

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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 creat
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.
c. Lots of showmen are approaching A to offer performance
contracts. Advise these persons on how to conclude
contracts. Should they contact A directly?
I:
R:
A:
C:
d. Being determined to be a professional singer, five years
after the competition, A would like to be a trainee in an
entertainment company. Can A sign the training contract by
herself?
I:
R:
A:
C:

Exercise 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 là 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.

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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?

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- 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.

Exercise 5:
1. I: Is FTU an entity legal person???
R: Art 74.1 Civil Code 2015
A: Article 74. 1 Civil Code 2015
Assumption 1: An organization if it meets all of the following conditions
-> FTU is a university, it is a public educational organization, consisting multiple
individuals, so A1 is satisfied
Assumption 2: is legally established as prescribed in this Code and relevant laws
-> FTU was legally established and directly managed by the Ministry of Foreign

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Affairs in the early day, and now is under the management of the Ministry of
Education and Training. => A2 is satisfied
Assumption 3: has an organizational structure prescribed in Article 83 of this Code
Art 83 (Civil code 2015)
Assumption 1: Each juridical person ->FTU is a university- an educational
organization , so A1 is satisfied
Assumption 1b: The organization, duties and powers of the executive body of a
juridical person -> satisfied
Regulation 1a: must have an executive body -> FTU has president, vice-president,
heads of institutes, faculties, branches,etc whose role is as an executive body ->
satisfied
Regulation 1b: shall be stipulated in its charter or establishment decision
Regulation 2: may have other bodies as decided itself or as prescribed by law
Assumption 4: has property independent from other natural and juridical persons
and bears liability by recourse to its property. -> Assets of FTU are public assets,
managed and used according to the principles of management and use of public
assets. It can be used for its own business, leasing, joint ventures and affiliations in
accordance with law for the purpose of developing higher education, according to
the principles of conservation and development, in accordance with the educational
environment. Therefore its property is independent and FTU must assume its
responsibility for its property. => A4 is satisfied.
Assumption 5: participates independently in legal relations in its own name. -> Eg.
FTU participates in "WTO Chairs Programme" as well as many other legal
relations in its own name -> A5 is satisfied
All the assumptions are met, then we apply:
Regulation: shall be recognized as a juridical person
C: FTU is a legal person.
2. I: Is a sole properietorship (doanh nghiệp tư nhân) legal person???
R: Art 74.1 Civil code 2015
Assumption 1: An organization if it meets all of the following conditions
Assumption 2: is legally established as prescribed in this Code and relevant laws
Assumption 3: has an organizational structure prescribed in Article 83 of this Code
Assumption 4: has property independent from other natural and juridical persons
and bears liability by recourse to its property
Assumption 5: participates independently in legal relations in its own name.

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Regulation: shall be recognized as a juridical person if it meets all of the following

conditions
A: A1= a sole properietorship => it is an economical organization => satisfied
A2= a sole properietorship is legally established under the provisions of the Law
on Enterprises =>satisfied
A3= a sole proprietorship is an enterprise owned by an individual, so its executive
body is run by the owner and it has the organizational structure => satisfied
A4: 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: A sole properietorship is not a legal person.
3. I: Is a limited liability company legal person???
R: Art 74.1 Civil code 2015
Assumption 1: An organization if it meets all of the following conditions->
Assumption 2: is legally established as prescribed in this Code and relevant laws
Assumption 3: has an organizational structure prescribed in Article 83 of this Code
Assumption 4: has property independent from other natural and juridical persons
and bears liability by recourse to its property
Assumption 5: participates independently in legal relations in its own name.
Regulation: shall be recognized as a juridical person if it meets all of the following
conditions
A: A1=A limited liability company that includes many individuals and many other
factors to qualify as an organization -> satisfied
A2= A limited liability company is legally established under the provisions of the
Law on Enterprises -> satisfied
A3= A limited liability company has organizational structure that meet the
provisions stated in Article 83
A4= The company will only be liable for its debts to the extent that the capital has
been contributed to the company. The company's assets and the assets of other
individuals and organizations are clearly separated and the limited company will be
responsible with its own assets.=> satisfied
A5= the fact that the company can independently participate in legal relations such
as venture business,etc in its own name => satisfied
All the assumptions are met => apply the Regulation
C: a limited liability company is legal person

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4.I: Is a joint stock company legal person???

Yes
Extra reading: joint stock companies
Just like a limited company, Article 111 of the Law on Enterprises 2020 also
stipulates that a joint stock company will have legal status from the date it is
granted an enterprise registration certificate by a competent state agency.
The assets of a joint stock company will also own assets independent of other
individuals and organizations. Shareholders of the company will only be
responsible for the debts or other property obligations of the enterprise by the
capital contribution they have contributed to that enterprise and are completely
separate from the assets of the individual shareholders. there. In addition, this type
of company will also enter into legal relations on its own behalf through a
representative.
5. I: Is the headquater/ branch/ subsidiary of an enterprise legal person???
Yes
Note: Both the parent company and the subsidiary company are independent legal
entities, are equal before the law and have separate assets. In the parent-child
company model, both units have to carry out production and business activities by
themselves and must bear all responsibilities in the course of their operations.
Thus, the subsidiary is entitled to business autonomy but still has to comply with
the general business strategies of the parent company. And the parent company has
the right to govern the activities of the subsidiary, but it must not exceed the
permitted scope of authority.
If the parent company illegally interferes in business activities, the subsidiary
company may apply measures to protect its legitimate rights and interests.

The parent company and its subsidiary are two independent legal
entities , having the rights and obligations of an independent enterprise in
accordance with the law . Depending on the legal type of the subsidiary , the
parent company exercises its rights and obligations as a member, owner or
shareholder in relation to the subsidiary .

Considering that, a branch is only a dependent unit of the enterprise's head

office. Although it is legally established and has its own seal and account, it is not
yet independent in terms of assets and has to participate in legal relations in the
name of the head office, so the branch has no legal
status. Similarly, representative offices do not have legal status.

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Exercise 6:
a) The threshold of enterprise’s liability in case of SP is 10b VND
The threshold of enterprise’s liability in case of LLC is 1b VND
The threshold of enterprise’s liability in case of JSC is 1b 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 properietorship?
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 properietorship 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.

Exercise 7:
If I want to start up an enterprise, I will choose to establish a limited liability
company for some following reasons:
Refering to the type of limited liability company, I see a lot of benefits.
To commence with, a one-member limited liability company is a business owned
by an organization or an individual (collectively, the company owner) and it has
these striking advantages such as:

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 A one-member limited liability company has only one owner, so the owner
of the company has the right to decide the whole thing in the management
and operation of the company, the organizational structure is simple.
 The owner of the company is solely responsible within the scope of the
capital committed to the company (since under Article 74 Civil Code 2015
the limited company is a legal entity, the company's assets are independent
of personal property) resulting in a risk to the owner less than the private
enterprise.
 Can transfer capital to individuals or organizations that the company is able
to raise capital
And as a matter of fact, one-member limited liability company is the most
established type in Vietnam with the rate of more than 65% of enterprises
established.

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Exercise 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

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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.

Exercise 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 amout 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

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A2= the amount of petroleum the car used is consumable object

 R2: because the amount of petroleum the car used is consumable object, so it
may 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.
Ownership relationship
Date 20/05/2022
EX1:
Ownership relations = Legal Relations ->Yes, because according to the definition of legal relation, it is
a combination of social relation btw the owner of the objects and other people (who are not the owners)
and and the legal norm prescribed in the law.
Ownership Relations = Civil Legal relations -> Yes. First it is legal relation and secondly , it is
gorverned by law prescribled in Civil Code 2015 (Art 158-178)

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Elements Subjects Content Objects

Legal
Relations
Ownership Parties (to the The rights of an Benefits aimed at by
Relation ownership relation) owner to possess, use parties (to the
- Owners and dispose of the ownership relation)
- Non-owners property of the owner.
Individual(s) The obligations of Properties (objects,
Organization(s) other individuals, money, valuable
States organizations, states papers and property
(who are not the rights) or (moveable
owners) to respect the and immoveable
owner’s rights and properties)
have the rights to
possess and use under
the authorization of
the owner and the
right of dispose
sometimes.

Exercise 2:
"Tien Quan ca" at the AFF Cup was cut off when broadcasting on YouTube
Subject: State of Viet Nam
Content: The rights of our State to possess, use and dispose of the song “ Tien Quan ca” and any other
individuals, organizations, states can’t use the song without the permission from the Vietnamese State.
Object: the song “ Tien Quan ca”
Exercise 3

Ownership
Right to Right to Right to
Rights
Possess Use Dispose
Criteria
Article 179.1 Civil Code 2015 Article 189. Civil Code Article 192. Civil
2015 Code 2015
Possession means that an entity holds
and controls a property directly or Right to use means the right Right of disposal
indirectly as holder of rights to such to exploit the usage of, and to means the right to
property enjoy the yield and income transfer ownership
What? derived from, property. rights, renounce
ownership rights, right
The right to use may be
to use, or destruct the
transferred to another person
property.
upon an agreement or as
prescribed by law.

E.g. You have a car, vehicle registration in your name proves the certification of your State as the
owner of that vehicle. With the car you have:
– Right to possess: the car is yours and no one can keep the car without your permission.
– Right to use: you have the full right to use the car as you like
– Right of dispose: You have the right to sell, lend, rent, donate, exchange … the car without

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having to be controlled by others, even destroying the car is also your right to decide.

Art 179.2, 186-188 Art 190-191 Art 194-195

Owners and non-owners (persons
managing property under authorization
of owner
+ persons to which property is
Who can delivered through civil transactions)
exercise the
right? Eg. I bought a car, and had the car
+ registered, so I am eligible to exercise
E.g. the right to possess the car.
I lent my car to Alice. Although she
was not the owner, she still exercise
the right to possess under my
authorization.
Owners and non-owners
Eg: A is the owner of a
house. A has the right to
exploit and use the house for
different purposes. A leases
this house to B and A
receives the annual rent. The
fact that A leases the house to
B is that A has transferred the
right to use the house to B
during the rental period.
Owners and non-
owners
Eg. I bought a TV 10
years ago and now it is
out of order. So I can
exercise the right to
dispose it if I want.
I had a friend sell the
TV for me.

Possession with legal basis Use with legal basis Disposal with legal
What types? basis
+ Possession without legal basis Use without legal basis
E.g Disposal without legal
basis

Ex4:
I: Can Anh possess the dropped Iphone legally?
R: Art 165.1.d
Art 230.1 (Civil Code 2015)
Art 181
A: Art 165.1.d
A1:A person who discovers and keeps = Anh
A2:derelict property, property with unidentified owners, property which has been let drop on the ground,
left over out of inadvertence, buried or sunken in = the dropped Iphone
A3= accordance with this Code and/or relevant laws -> Art 230.1
A4= possession of a property= possession of the phone
R1: Anh possesses the dropped Iphone with a legal basis
Art 230.1
A1: A person finding an object which is buried or sunken= Anh found the dropped Iphone
R1-> Anh must notify and return the Iphone to its owner
A2: if the owner is not able to be identified, he/she -> in this case, the owner of the dropped Iphone is not
identified because Anh found it by accident in the university campus
R2 -> Anh must inform or deliver the object to the people's committee or police station of the nearest
commune or a competent authority in accordance with regulations of law.
Art 181 applied in the event of A3 is unsatisfied
A1=Anh knew or should have known that she has no right to the property under his/her possession
because she found the dropped Iphone by accident and she did not know the owner of that Iphone
R1=> Anh’s possession over the Iphone is Possession not in good faith
C: Anh cannot possess the dropped Iphone

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Anh must inform or deliver the object to the people's committee or police station of the nearest
commune or a competent authority to find the real owner of that phone.
I: Can Anh own the dropped phone she found accidentally at the university campus legally?And in which
situation??
R: Art 230.2.a Civil Code 2015
A1= If, after one year from the date of the public announcement of the object having being found,
A2: the owner of the object is still not able to be identified or the owner does not claim the object,
A3: the ownership rights with respect to such property
R1: shall be determined as follows:
Aa1: If the value of lost or mislaid object is up to ten-month base salary provided for by the State, it
Ra1: shall belong to the finder as prescribed in this Code and relevant laws
Aa2: if the value of the found object is more than the equivalent of ten-month base salary provided for by
the State, the finder
Ra2: shall be entitled to the value of ten-month base salary, deducted from preservation expenses, and
plus fifty (50) per cent of the remaining value of the object in excess of the ten-month base salary
provided for by the State, with the remaining value belonging to the State.
A: Apply the Art 230.2.a
If Anh had informed or delivered the object to the people's committee or police station of the nearest
commune or a competent authority and after one year from the date of the public announcement of the
dropped Iphone, its owner is still not able to be identified or its owner does not claim the object, so in this
situation: +Anh can legally own the phone if the value of the dropped Iphone is up to ten-month base
salary.
+ Anh can receive the money entitled to the value of ten-month base salary, deducted from preservation
expenses, and plus fifty (50) per cent of the remaining value of the object in excess of the ten-month base
salary provided for by the State if the value of the dropped Iphone is more than ten-month base salary.
C: Anh can legally own the dropped Iphone she found accidentally if Anh had informed or delivered the
object to the people's committee or police station of the nearest commune or a competent authority and
after one year from the date of the public announcement of the dropped Iphone, its owner is still not able
to be identified or its owner does not claim the object and the value of the phone is up to ten-month salary
base.
I: Can Anh own the phone if she keeps silence on her discovery?
R: Art 230.1 Civil code 2015
A:
A1= Anh
A2= the dropped Iphone
A3= Anh did not know the owner of the phone
 R: Anh must inform or deliver the phone to the people's committee or police station of the nearest
commune in order that a public announcement may be made notifying the owner to reclaim the
dropped Iphone.
C: Anh cannot keep silence on her discovery because it is illegal
Ex5:
I: Is Bach entitled to keep sunken items at the seabed for himself???

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R:
Art 165.1.d
Art 229 Civil Code 2015
A: Art 165.1.d

Art 229
a1=A person: Bach- a professional diver
A2= sunken items in the seabed
A3= in accordance with this code and/or relevant laws -> Art 230.1.d
 R: Bach must notify and return the items to the owner; if the owner is not able to be identified,
he/she must inform or deliver the object to the people's committee or police station of the nearest
commune or a competent authority in accordance with regulations of law.

A3:the sunken items which are found, but which have no owner or the owner of which is not able to be
identified
A4= the sunken items are undergone search and maintenance expenses
A5= if the sunken items are historic or cultural relic
 R: they belong to the State as prescribed in Law on cultural heritage and the finder shall be
entitled to enjoy a monetary reward in accordance with law.
A6= the sunken items which are not historic or cultural relics as prescribed in Law on cultural heritage,
and which has a value equivalent up to ten-month base salary provided for by the State
 R: Bach can own them
A7; the sunken items which are not historic or cultural relics as prescribed in Law on cultural heritage,
and if the value of the found object is more than the equivalent of ten-month base salary provided for by
the State
 R: Bach shall be entitled to the value of ten-month base salary plus fifty (50) per cent of the
remaining value of the object in excess of the ten-month base salary provided for by the State,
with the remaining value belonging to the State.
C: Bach can only keep the sunken items after informing or delivering the object to legal agency and they
cannot find the owner of the objects and the sunken items are not historic and cultural relics and their
values is up to ten-month salary base.
Ex6:
I: What should Chi do in the event of being requested the return of the phone from An???
R:
Art 166-168
Art 165 Civil code 2015
Art 179-181
Art 236
A:
Chứng minh 165.1 (do ăn cắp nên k có quyền định đoạt), 165.2 -> việc tặng cho Chi và Chi sử dụng
điện thoại đó là bất hợp pháp
Tiếp đến chứng minh Chi chiếm hữu ngay tình vì có thể Chi không biết nguồn gốc của chiếc điện
thoại này Art 180
Art 236

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Art 166-168,
 A là chủ sở hữu hợp pháp có quyền đòi lại chiếc điện thoại từ chủ bất hợp pháp nhưng ngay
tình là C

Civil obligation
EXERCISE 1 :
Following Art 274, there are obligors and obligees
=> Civil obligations are combination of social relation ( cuz they are the relation
btw obligers and obligees) and the legal norms (Art 274)
=> Civil obligations are civil legal relation

Eg:
Subject Content Object
Employee as obligor Obligation 1 Work -> conduct
Employer as obligee Salaries ->
properties
Employee as obligee Obligation 2
Employer as obligor

EX2: eg A and B rent a self-driving car from C. However, in the process of

using the car, it collides on the road and is damaged.
In this case, that A and B rent a self-driving car from C is a lease contract
between A,B and C. A and B has the right to use the car properly during the time
prescribled in the contract and have the obligation to pay the fee for the rental. In
contrast, C has the right to earn money from his/her service and has the obligation
to give the car to A&B.
EX3:
A and B rent a self-driving car from C. However, in the process of using the car, it
collides on the road and is damaged.
 At this time, A and B have a joint civil obligation to compensate for C's
damage, due to the same car rental and the same fault leading to the
damaged car, the liability of A and B is determined to be 50-50. Although
the obligations of both parties have been determined, C still has the right to
demand A or B to pay the full amount of compensation for him. This is the
main difference from separate obligations.

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Ex 4:
1. A and B are co-tenants. Totally, they have to pay the rental fee of 5 million
VND/month.
a. Can the landlady require either of them to pay the whole sum of 5 million VND?
b. Assuming that the landlady succeeds in requiring A to pay for B, can A require B
to pay his portion?
c. Can the landlady require A and B to pay the rent (of 60 m VND) for one year at
a time?
I Can the landlady require Given the above, can Can the landlady
either A or B to pay the A require B to pay his require A and B to
whole sum of 5 millions portion? pay the rent of 60 mil
VND? VND for one year at a
time?
R Art 287 Art 288.1 Art 288.2 Civil Code Art 280.1
Civil Civil Code 2015 Art 290.2 Civil code
Code 2015 Art 275.3 2015
2015
A When the When the co- Case 1: If there was Art 280.1
co-tenants tenants do not an agreement btw A: A&B have to pay
have their have their A&B on the equal for the rent to the
own agreement on payment for the rent landlady
agreement separate share so when A had  A&B must pay
on in the sum already paid on the in full, strictly
separate A1: A&B behalf of B, A can on time, at the
share in A2: jointly rent require B to pay his place and by the
the sum the house from portion back to A. method as
agreed.
A1: A&B the landlady Case 2: But in case of
A2: &they agree on there being no Art 290.2
jointly the joint share agreement between A1: A&B
rent the in the sum them beforehand and A2: unless otherwise
house A3: C A pay the rent on his agreed
from the  joint cvil own without any A1 met-> A&B may
landlady obligatio notification to B-> perform pay the rent
A3: Each n the act of A is in stages
A and  A or B unilateral legal act  If A2 is met,
each B can pay and unauthorized which means
A4: each the whole
performance of act-> that they agree
some on the other
own A may bear the whole
behalf of method to pay
agreement each responsibility for the
on payment and A the rent ->
other apply Art 280.1
separate cannot require B to
share in pay his portion. to make
the sum payment by the

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R: method as
separate agreed.
civil
obligation
->Each A
and each
B must
pay his
own share
in the sum
C The The landlady A can require in case The landlady can
landlady can require 1 require A&B pay the
cannot either A or B to A cannot require in whole sum for a year
require pay the whole case 2 rental if the lease
either A or sum contract prescribled
B to pay
the whole
sum

Ex 5 : A is in debt now and would like to borrow some money from B - his
friend. B doubts about the ability of A to return the borrowing.
a. What A can do to persuade B to proceed on lending the sum?
b. What if A does not have his own asset?
I What can A do to proceed on What happens if A does not have his
lending the sum? own asset?
R

A
C

Civil contract
Exercise 2:

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Exercise 3 +4: Which statements therein may constitute an offer?

5) A : I'd like to sell my 1992 Ford Falcon. Are you interested?
X : I'll give you $18000 for it
A: That's not enough. I want $ 20 000
X : The highest I can go is $ 19000
A : That's Okay. When can you provide me with a bank cheque for that
amount?
Is there a contract?
Answer:

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8) Allan wrote a letter to Bob asking, “Will you sell me your Rolls-Royce?
Please reply indicating your lowest prices” Bob relied in a short note “Lowest
price for my Rolls $24 mil.” Allan immediately replied, “I agree to buy your
Rolls for $24 mil.” Do you think Bob should be obliged to sell his Rolls to
Allan? Would it make a difference to you if Bob’s letter had read “I am
prepared to sell you my Rolls for $24 mil.” ?
1/ I think that Bob should not be obliged to sell his Rolls to Allan because Bob
just offered the lowest price for his car and he could sell his car for anyone
who pay him more than $24 mil for his optimal benefit. And Bob did not
reply when Allan said that he agreed to buy his car for $24 mil and we can
apply Art 393.2, which means that the silence of Bob shall not mean an
acceptance of the offer to enter into the contract unless it is agreed upon or
habit established by the parties.
The statement constitutes an offer is: “Lowest price for my Rolls $24 mil.”
2/ But in the case if Bob’s letter had read “I am prepared to sell you my Rolls
for $24 mil.” I think Bob should be obliged to sell his Rolls to Allan.
Exercise 5: Art 392-393
Consequences
Acceptance Rejection New offer
Reply
Yes x
Yes + modification x x
Yes + addition x x
Silence
No x

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Exercise 6:
Forms Oral Written Contracts by
Criteria contracts contracts conducts
The buyer buys food in the The lease Mr. A asked to
market, the two parties have contract borrow Mr. B's car,
agreed on the price, quantity, between the although Mr. B did
volume, time, and specific landlord and not answer
transaction location without the tenant is verbally or in
any misunderstanding. The in written writing, but Mr. B
parties agree to perform and form brought the car to
E.g.
deliver (money and goods), hand it over to Mr.
the time of signing is the time A, then Mr. B's act
immediately preceding the gave him the car. A
time when the parties agree to is the act of
transfer and perform related making a contract.
obligations (money and
goods).
Simplicity x x
Short-term x x
Low value x x
Trust x x
Legal
x
requirement
Enabling
x
Technology

Exercise 7:
A and B are spouses and land co-owners. A contract has been established with C
for selling their land patch for 1 billion VND.
Can C claim for the land patch in the following cases?
a. B has no idea about the contract.
b. C uses forces to compel A and B to sell the land.
c. The contract contains the fake price of 0.5 billion VND to avoid taxation.
d. Parties put the contract by words of mouth only.

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e. Due to some landslide, the land patch has disappeared after the contract
conclusion
I R (Civil Code A C
2015)
a/ Can C claim  Art 207.1  Art 207.1:
for the land  Art 213.1, A1: ownership =
patch if B has 213.2 spouses’ownership over
no idea about the land patch
the contract. A2: property = the land
patch
A3: more than one owner
= land co-owners
 R: multiple
ownership
 Art 213.1
A1: multiple ownership
-> satisfied (Art 207.1)
A2: between a husband
and wife= A&B are
spouses
 R: divisible joint
ownership
 Art 213.2
 A&B have have
equal rights to
possess, use and
dispose of the land
patch

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