VERSION 1-2023

1.2.3. Overview of Vietnamese Legal System, Origins of State and law

Nature, characteristics, and types of States, General Principles of Law

1. The current legal system of Vietnam is

a. Common Law
b. Civil law with modifications from Marxist-Leninist ideology
c. Feudal legal system
d. Civil law with modifications from the French legal system
2. The legal system of the Socialist Republic of Vietnam has significantly changed since
a. The Introduction of WTO
b. International cooperation
c. Reunification in 1975
d. Introduction of Doimoi (renovation) in 1986
3. The legal system of Vietnam was formed gradually
a. under the leadership of the Communist Party and the democratic centralism principle.
b. under the principle of socialist legality and democratic decentralism
c. under the democratic centralism principle
4. Vietnamese law
a. complete the Party’s policies
b. cannot conflict with the Party’s policies
c. is different from the Party’s policies
5. With international cooperation, the legal system in Vietnam
a. has some new features
b. is not different from the period of centrally planned economy
c. has completely changed
6. The principle of the State of Vietnam is
a. Democratic decentralism
b. Centralism and decentralism
c. Democratic centralism
7. The National Assembly of the Republic Socialist of Vietnam
a. is the highest representative organ of people
b. is the highest representative organ of government
c. is the highest representative organ of the nation
8. The President of the Republic Socialist of Vietnam
a. is elected by National Assembly for a term of 5 years
b. is elected by Government for a term of 5 years
c. is elected by regional governments.
9. The basic functions of Government are
a. administration of Laws, abolishment of Laws
b. enforcement of Laws, the promulgation of Laws
c. administration of Laws, enforcement of Laws
10. People’s Council
a. is the highest organ of State Power
b. is the local organ of State Power
c. is not an organ of State Power
11. People’s Committee
a. is a local executive body
b. is a local legislative body
c. is a central executive body
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12. According to the Patriarchal Theory the origin of the State evolves from the enlargement of
a. Social group
b. Family under the authority of the parents
c. Army
d. Company
13. According to the Natural Theory the origin of the State evolves from the enlargement of
a. Social group
b. Family under the authority of the parents
c. Army
d. Company
14. According to the Force Theory, States are created through
a. Social group activities
b. Families under the authority of the parents
c. Constant wars and invasions
d. Companies
15. According to the Divine Theory, States are created by
a. Social groups
b. Family under the authority of the parents
c. God
d. Company
16. According to the Social Contract Theory, States are created by
a. Social group activities
b. Family under the authority of the parents
c. Wars and invasions
d. People who organize a new government with common interest
17. According to the Marxist Theory, the system of private property
a. Destroys social group
b. Is dangerous
c. Create army
d. is a potential cause of the rise of state
18. Public Law includes
a. Constitutional Law, Administrative Law, and Civil Law
b. Property Law, Administrative Law, Civil Law
c. Constitutional Law, Administrative Law, Business Law
d. Constitutional Law, Administrative Law, Criminal Law
19. Private Law includes
a. Constitutional Law, Administrative Law, and Civil Law
b. Property Law, Administrative Law, Civil Law
c. Law of Contract, Law of Property, Family Law…
d. Constitutional Law, Administrative Law, Criminal Law
20. According to the Vietnamese legislators,
a. Law is a stable and unified system
b. Law is a system of customs
c. Law possesses multiple normative characters
d. Law is a system of social contracts
21. The content of Law
a. May be expressed freely.
b. Should be written in legal language.
c. Should be written in various manners.
d. May be modified freely.
22. Vietnamese Law
a. Is supported by state coercion
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 b. Applies to a specific part of the country
c. Is an unstable and diversified system
d. Is a system of relations
23. In Vietnam, Customary rules
a. Are the first choice for dispute settlements in minority ethnic communities
b. Are disregarded by the legislators.
c. Are a unified system.
d. Dominate all social relations.
24. In Vietnam the State tends to
a. Abolish Customary Law.
b. Recognize all Customary Rules.
c. Harmonize Customary Law with State law.
d. Apply Customary Law only for family relationships.

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25. Feudal state
a. Based on the holding of land in fief or free
b. Based on the social contracts
c. Based on democracy
d. Based on the development of commerce
26. Absolute monarchy
a. The monarch rule with the constitution and legally organized opposition
b. The monarch rules without the constitution or legally organized opposition
c. The monarch rule with an alliance of the working class
d. The monarch rule with charity
27. Constitutional monarchy is a system of government in which
a. A president is guided by a constitution
b. A monarch is guided by a constitution
c. A monarch rule with an alliance of the working class
d. A monarch rule with charity
28. Democracy is a government in which power and civic responsibility are exercised by
a. A monarch who rules with charity
b. A dominating class
c. A ruler
d. All adult citizens, directly or through their freely elected representative
29. With Presidential government
a. The head of Government leads the legislative organ
b. The head of Government doesn’t lead the executive organ
c. The head of Government is also the head of State
d. The head of State is also the head of the legislature

------------------------
30. Law is connected to the ideology
a. True
b. False
31. Law refers to a system of political ideas
a. True
b. False
32. Law and politics are separable
a. True
b. False
33. Mode of production doesn’t have relationships with law
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 a. True
b. False
34. Law is used to maintain the existing mode of production
a. True
b. False
35. Administrative justice relates to the law, procedures, and systems that individual members of
society can use to challenge decisions
a. True
b. False
36. Purposes and Functions of Law
a. Establishing standards, Maintaining relationships, Resolving disputes,
b. Protecting conflicts.
c. Establishing relationships, Maintaining order, Resolving disputes, Protecting
d. Liberties and rights.
e. Establishing standards, Maintaining order, Resolving disputes, Protecting liberties and rights.
37. The law will protect humans from
a. Justice system
b. Other people who want to harm mankind
c. Groups fighting for specific rights
38. The law
a. Promote the common good
b. Promote special organizations
c. Promote special social groups
39. In case of resolving the dispute, the law provides
a. Support for divorce
b. Support to people who neglect conflict
c. Support to people who cannot agree with another person
40. The law is a guidepost for minimally acceptable behavior in society
a. True
b. False
41. The law provides order consistent with society’s guidelines.
a. True
b. False
42. The law provides a UNFORMAL means for resolving disputes
a. True
b. False

4. NATURE, CHARACTERISTIC, and TYPES of LAW

43. In Common law
a. Judicial cases are the most important source of law
b. Codes and statutes cover all eventualities
c. Judges do not contribute to rules
44. In Civil law
a. Judicial cases are the most important source of law
b. Codes and statutes cover all eventualities
c. Judges can contribute to rules
45. In Common law
a. Judges are more like investigators
b. Judges are rather arbiters
c. Judges are more like guides
46. In Civil law
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 a. Judges are more like investigators
b. Judges are rather arbiters
c. Judges are more like guides
47. In Common law
a. Freedom of contract is very extensive
b. Contracts follow sophisticated models
c. Contracts do not be negotiated
48. In Civil law
a. Freedom of contract is very extensive
b. Contracts follow sophisticated models
c. Contracts do not be negotiated
49. In Common law
a. Judges ask questions and demand evidence
b. Lawyers ask questions of witnesses and demand the production of evidence
c. Lawyers are arbiters
50. In Civil law
a. Judges ask questions and demand evidence
b. Lawyers ask questions of witnesses and demand the production of evidence
c. Lawyers are arbiters
51. Constitutional law regulates
a. all legal relationships concerned with the state and law
b. the activity of public authority
c. the activity of investigation authorities, prosecuting authority, and the court in legislative
proceedings in criminal matters
52. Administrative law regulates
a. all legal relationships concerned with the state and law
b. the activity of public authority
c. the activity of investigation authorities, prosecuting authority, and the court in legislative
proceedings in criminal matters
53. Criminal procedural law regulates
a. all legal relationships concerned with the state and law
b. the activity of public authority
c. the activity of investigation authorities, prosecuting authority, and the court in legislative
proceedings in criminal matters
54. Criminal law focuses on
a. legal relations between individuals in the context of the family
b. behaviours that are sanctioned under the criminal code and defined as illegal
c. protecting the rights of inventors, authors, and businesses to their tangible and intangible
creations, inventions, and symbols
55. Family law focuses on
a. legal relations between individuals in the context of the family
b. behaviours that are sanctioned under the criminal code and defined as illegal
c. protecting the rights of inventors, authors, and businesses to their tangible and intangible
creations, inventions, and symbols
56. Intellectual Property law focuses on
a. legal relations between individuals in the context of the family
b. behaviors that are sanctioned the under criminal code and defined as illegal
c. protecting the rights of inventors, authors, and businesses to their tangible and intangible
creations, inventions, and symbols
57. Procedural law determines the rules of court procedure
a. True
b. False
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 58. Civil procedural law is
a. concerned with the relations between workers and their employers
b. a set of treaties, agreements, rules, and statutes that aim to protect the environment
c. related to civil law and its sub-branches
59. Labor law is
a. concerned with the relations between workers and their employers
b. a set of treaties, agreements, rules, and statutes that aim to protect the environment
c. related to civil law and its sub-branches
60. Environment law is
a. concerned with the relations between workers and their employers
b. a set of treaties, agreements, rules, and statutes that aim to protect the environment
c. related to civil law and its sub-branches

5. CONSTITUTION + MID-TERM
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61. What is a Constitution?
a. The fundamental law, written or unwritten, of a State
b. An important organization of a State
c. The power of a Nation.

62. Fundamental right of the people is established by Constitution

a. True
b. Fall
63. All laws incompatible with Constitution are invalid
a. True
b. Fall
64. In Vietnam, the 2013 Constitution, reflects
a. New development policies and goals set up in CPV’s political Program
b. Stable policies and goals set up in CPV’s political Program
c. A difficult period of Vietnamese reform
65. In Vietnam, the 1992 Constitution, amended in 2013
a. emphasis on ensuring human rights and citizen rights
b. determines human rights and citizen rights
c. modify human rights and citizen rights
66. The Vietnamese economy is a socialist-oriented market economy in which
a. The State still plays a key role
b. The private economic sector plays the leading role
c. The state economic sector will disappear
67. The Vietnamese political system is constituted by
a. The Communist Party, the legislative body, the executive body, and the Judiciary.
b. The Communist Party, the legislative body, the executive body. the government departments
c. The government departments, the legislative body, the executive body, and the Judiciary.

6. VIETNAMESE CIVIL CODE

68. Personal Relations

a. Can be transferred to others
b. Cannot be transferred to others
c. Cannot be attached to a certain subject
69. Personal Relations composed of
a. Personal Relations which associated or not associated with property
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 b. Personal Relations which only associated with property
c. Personal Relations which only associated with affairs
70. Social relations that Civil Law regulates include
a. Personal relations
b. Property relations
c. Property and personal relations
71. Property Relations mean
a. Relations between certain proprieties
b. Relations between a person with another person related to a property
c. Relations between two owners
72. Property Relations include
a. Property Ownership, Civil marriage, Insurance, Inheritance
b. Property Ownership, Conflict, Compensation for damage, Inheritance
c. Property Ownership, Civil marriage, Compensation for damage, Inheritance
73. According to Article 16. Civil Code 2015, the civil legal capacity of a natural person is
a. his/her capability to have civil rights and civil obligations
b. his/her possible civil rights and civil obligations
c. his/her willingness to have civil rights and civil obligations
74. According to Article 19. Civil Code 2015, the legal act capacity of a natural person is his/her
capability to
a. exercise civil rights and perform civil obligations through his/her acts
b. establish and exercise civil rights and perform civil obligations through his/her acts
c. establish civil rights and perform civil obligations through his/her acts
75. A juridical person (legal person) is
a. a person who meets specific conditions defined by the law
b. an organization created by the courts
c. an organization that meets specific conditions defined by the law
76. Family households and cooperative Groups don’t have the capacity of a juridical person
a. True
b. False
77. The legal personality of a natural person
a. commences at the age of 18 and terminates at death
b. commences at birth and terminates at death
c. commences at the age of 16 and terminates at death
78. Civil transaction is
a. a document that gives rise to, changes, or terminates civil rights and/or obligations.
b. a contract or a unilateral legal act that gives rise to, changes, or terminates civil rights and/or
obligations.
c. a conversation or a unilateral legal act that gives to, changes, or terminates civil rights and/or
obligations
79. A civil transaction shall be expressed
a. verbally, in writing, or through specific acts
b. only in writing
c. verbally or in writing
80. Civil transactions shall be invalid if
a. The persons participating in the transaction have sufficient conditions of the civil act capacity
b. The persons participating in the transaction are aware of and controlling their act
c. The form of civil transaction satisfies certain conditions
d. The persons participating in the transaction do not have sufficient conditions of the civil act
capacity
81. Civil transactions shall be valid if
a. It violates prohibitory provisions of law and is contrary to a social ethic
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 b. It contains some mistakes.
c. It exists deception or intimidation
d. The persons participating in the transaction have the civil act capacity and act completely
voluntarily
82. Property comprises
a. Intangible things, money, all type of papers, and property rights
b. Tangible things, money, valuable papers, and property rights
c. Intangible things, money, valuable papers, and property rights
d. Tangible things, money, all types of papers, and property rights
83. A property right is a right which
a. Can be valuable in money and may be transferred in civil transactions
b. Cannot be valuable in money and may be transferred in civil transactions
c. Can be valuable in money and may not be transferred in civil transactions
84. Ownership rights comprise (2015)
a. the rights of an owner to possess, use and dispose of the property of the owner
b. the rights of an owner to possess, use and dispose of the property of the owner by the law.
c. the rights of an owner to use and dispose of the property of the owner in accordance with the
law.
85. Right to use means (art.189; 2015)
a. the right to exploit the usage of, and to enjoy the yield and income derived from, property.
b. the right to exploit the yield and income derived from, property.
c. the right to exploit the usage of, and to enjoy the yield and income derived from, all properties.
86. The right to use
a. may be transferred to another person upon an agreement or as prescribed by law.
b. should not be transferred to another person upon an agreement or as prescribed by law
c. is forbidden to be transferred to another person upon an agreement or as prescribed by law

87. Representation is
a. The act of a person to establish and perform a civil transaction in the name and interests of
herself/himself within the scope of representation.
b. The act of a person to establish and perform a civil transaction in the name of another person
within the scope of representation
c. The act of a person to establish and perform a civil transaction in the name and interests of
another person within the scope of representation.

88. Civil obligation is

a. legally binding, arising based on obligation or regulations of law
b. legally binding, arising based on regulations of law
c. legally binding, arising based on agreements or regulations of law

89. Obligees are those who have the lawful right to

a. require obligors to perform or not perform certain acts to satisfy their benefits.
b. require obligors to perform or not perform all acts to satisfy their benefits.
c. require others to perform or not perform certain acts to satisfy their benefits.
90. “A third party” in obligation relation is
a. subject of obligation relation
b. Subject or not subject of obligation relation
c. not subject to obligation relation

91. A civil contract is an agreement between the parties

a. to establish, change or terminate civil rights and/or obligations.
b. to establish or terminate civil rights and/or obligations.
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 c. to establish or change civil rights and/or obligations.
92. An obligor must perform his/her obligation
a. in her/his manner, in the spirit of cooperation, and not contrary to law and social ethics.
b. in an honest manner, in the spirit of cooperation, and not contrary to law and social ethics.
c. in an honest manner, in the spirit of obligation, and not contrary to law and social ethics.
93. While entering into a contract, the subject has the freedom
a. to choose partners, decide the character of contracts, and agree on the contents of the contract.
b. to choose partners, decide the consequence of contracts, and agree on the contract’s content.
c. to choose partners, to decide the force majeure, and to agree on the contract’s content.
94. The content of a contract comprises
a. Basic articles, Foundation articles, Specific articles
b. Basic articles, Regular articles, Optional articles
c. Foundation articles, Optional articles, Basic articles

95. 8. Compensation for damage outside the contract is an obligation arising due to
a. infringement of others’ health, honour, reputation, property, etc.
b. infringement of others’ willingness, honour, reputation, property, etc.
c. infringement of others’ health, ambition, reputation, property, etc.
96. The quality of an object for sale and purchase shall be as agreed by the parties.
a. True
b. False
97. A purchaser must pay the full price at the agreed place and time.
a. True
b. False
98. Property shall be delivered
a. by the method as determined by the seller
b. by the method as determined by the purchaser
c. by the method as agreed by the parties
99. A seller does not have the obligation to provide a purchaser with necessary information on the
property for sale and instructions on the use of the property.
a. True
b. False
100. A contract for the exchange of property must be made
a. verbally, in writing, or through specific acts
b. in writing
c. verbally or in writing
101. Contract for the loan of property means an agreement between parties
a. whereby a lender delivers money to a borrower
b. whereby a lender delivers property to a borrower
c. whereby a lender delivers property to an owner
102. Contract for the lease of property means an agreement between parties whereby
a. lesser delivers property to a lessee for use during a short term
b. lesser delivers property to a lessee for use during a long term
c. lesser delivers property to a lessee for use during a fixed term
103. Contract for bailment of property means an agreement between parties whereby
a. Bailee accepts the property of a bailor for safekeeping
b. Bailee accepts the property of a bailor for use
c. Bailee accepts the property of a bailor for rent
104. Contract for borrowing of property means an agreement between parties whereby
a. lender delivers property to a borrower for use free of charge
b. lender delivers property to a borrower for use during a fixed time
c. lender delivers property to a borrower for use and charge
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 105. 19. A contract for the transport of passengers may be made
a. verbally, in writing, or through specific acts
b. in writing
c. verbally or in writing
106. In case an international treaty to which the Socialist Republic of Vietnam is a signatory
contains provisions different from those in this Code (Vietnamese Civil code 2015) and other
laws in terms of applied law on civil relations involving foreign elements,
a. such international treaty shall prevail.
b. such this law shall prevail.
c. such selection of the contracting parties shall prevail.

7. VIETNAMESE PENAL CODE

107. A crime means an act that is dangerous for society and defined in Criminal Code, is
committed by
a. A person who has no criminal capacity or commercial legal entity
b. A person who has the criminal capacity or a corporate legal entity
c. A person who has or has not the criminal capacity of a corporate legal entity

108. An act showing signs of a crime but not remarkably dangerous for society
a. is not a crime and shall be dealt with otherwise.
b. Is a crime and shall be dealt with otherwise.
c. Is or is not a crime and shall be dealt with otherwise.
109. Less serious crime means a crime whose danger to society
a. is significant
b. is great
c. is not significant
d. is enormous
110. Serious crime means a crime whose danger to society
a. is not significant
b. is significant
c. is great
d. is enormous
111. Very serious crime means a crime whose danger to society
a. is not significant
b. is significant
c. is great
d. is enormous
112. Extremely serious crime means a crime whose danger to society
a. is not significant
b. is significant
c. is great
d. is enormous
113. The person who commits an act that results in harmful consequences is exempt from
criminal responsibility
a. if such consequences cannot be foreseen or have to be foreseen
b. if such consequences are foreseen or have to be foreseen
c. if such consequences can be foreseen or have to be foreseen
114. A person who commits an act that is dangerous to society is suffering from a mental disease
or another disease that causes him/her to lose his/her awareness or control of his/her behaviors.
a. is not exempt from criminal responsibility
b. cannot be exempt from criminal responsibility
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 c. is exempt from criminal responsibility
115. The use of justifiable force
a. does not constitute a criminal offense.
b. does constitute a criminal offense.
c. does not constitute self-defense.
116. If the damage inflicted is reasonably unnecessary in the urgent circumstance, the person who
inflicts such damage
a. shall not bear criminal responsibility.
b. shall bear criminal responsibility.
c. is exempt from criminal responsibility.
117. If the bodily harm inflicted by the use of violence is obviously more than necessary, the
person who inflicts such damage
a. shall bear criminal responsibility.
b. shall not bear criminal responsibility.
c. is exempt from criminal responsibility.
118. The time limit for criminal prosecution is a time limit set out by this Code and upon the
expiration of which
a. the offender does face certain criminal prosecutions
b. the offender does not face any criminal responsibility
c. the offender does not face any criminal prosecution
119. Actions taken against juvenile offenders depend on
a. their ages, awareness of their criminal acts, reasons, and circumstances in which the criminal
offenses are committed
b. their ambition, awareness of their criminal acts, reasons, and circumstances in which the
criminal offenses committed.
c. their ages, reasons, and circumstances in which the criminal offences are committed.
120. Life imprisonment and death sentence shall
a. be imposed upon a juvenile offender
b. be or not be imposed upon a juvenile offender
c. not be imposed upon a juvenile offender
121. Additional punishments
a. shall not be imposed upon a juvenile offender
b. shall be imposed upon a juvenile offender
c. shall be or not be imposed upon a juvenile offender
122. Abuse of power means acts of infringement upon rightful activities of an agency or
organization committed
a. by a worker in performance of his/her official duties.
b. by an important person in performance of his/her official duties.
c. by an officer-holder in the performance of his/her official duties.

8. PROCEDURE LAWS (Civil & Penal)

123. The Civil Procedure Code provides for the basic principles in civil proceedings; the order
and procedures for initiating lawsuits at People’s Court to settle cases of
a. civil lawsuits, civil matters, civil cases
b. civil lawsuits, civil marriage, civil dispute
c. Civil negotiation, civil marriage, civil dispute
124. The Civil Procedure Code applies to
a. all civil proceedings throughout the territory of the Socialist Republic of Vietnam,
b. all civil proceedings conducted by consular offices of the Socialist Republic of Vietnam in foreign
countries

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 c. the settlement of civil cases involving foreign element(s); where the international treaties to which
the Socialist Republic of Vietnam is a signatory provide otherwise, the provisions of such
international treaties shall apply.
d. Both a, b, and c are true
125. The Courts shall only accept for settlement of civil cases
a. when they have received lawsuit petitions and/or written requests from an involved party and shall
settle the civil cases only within the scope of such lawsuit petition or written request.
b. when they have received lawsuit petitions from an involved party and shall settle the civil cases
only within the scope of such lawsuit petition or written request.
c. when they have received lawsuit petitions and/or written requests from an involved party and shall
settle the civil cases as they want.
126. During the civil case settlement, the involved parties
a. shall have a right to terminate or change their petitions or voluntarily reach an agreement with one
another, which is not contrary to law and social ethics.
b. Don’t terminate or change their petitions or voluntarily reach an agreement with one another
c. Can request the courts to terminate or change their petitions or voluntarily reach an agreement
with one another, which is not contrary to law and social ethics.
127. The responsibility to transfer court judgments, decisions, summons, invitations, and other
papers at the request of the Court belongs to
a. Court only
b. People's Committees at all levels or relevant agencies, organizations, and individuals
c. Procuracy
d. Commune-level People's Committee or related agencies, organizations, and individuals
128. Mediation in civil procedures:
a. The Courts have the responsibility to conduct mediation
b. The Courts don’t have the responsibility to conduct mediation
c. The Procuracies have the responsibility to conduct mediation
129. The Courts shall assist the involved parties to collect evidence and
a. shall only collect and verify the evidence at the request of the lawyer
b. shall only collect and verify the evidence in the cases prescribed by this Code.
c. shall only collect and verify the evidence at the request of the parties.
130. First-instance judgments or decisions of the Courts shall become legally effective if
a. They are appealed against according to appellate procedures within the time limit provided for by
this Code
b. They are not appealed against according to appellate procedures within the time limit provided for
by this Code.
c. They are proposed by the courts within the time limit provided for by this Code
131. Representatives in civil proceedings included
a. Legal representative
b. Authorized Representative
c. Both Answers a & b are true
132. In what cases do the involved parties not authorize others to act on their behalf?
a. Make a birth certificate
b. For divorce
c. Marriage registration
d. All answers are wrong
133. Witness is entitled to refuse to testify in which of the following cases?
a. is a minor
b. information related to personal and family secrets
c. Do not want to participate in legal proceedings

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134. When do individuals have the right to request the Court to apply provisional urgent
measures?
a. In the process of solving the case
b. During the investigation of the case
c. Before opening the first instance court
d. Before the court issues the Judgment, the Decision
135. In which cases, the plaintiff must bear the entire first-instance court cost?
a. In the case of consent divorce
b. In the divorce case
c. The court did not accept the plaintiff's request
d. The court accepted the plaintiff's request
136. The criminal procedure code
a. prescribes the procedures and formalities for lodging and processing criminal information,
filing of charges, investigation, prosecution, adjudication, and certain courses of action to
enforce criminal judgments
b. regulates the missions, authority, and liaisons of authorities, and individuals are given
authority to institute proceedings (referred to as competent procedural authorities and persons)
c. regulates the rights and duties of entities engaging in proceedings, other authorities and
entities, and international cooperation in criminal procedure
d. Both a, b, and c are true.

137. The criminal procedure code governs

a. every activity of criminal procedures in territories of the Socialist Republic of Vietnam.
b. every activity of criminal procedures in territories of the Socialist Republic of Vietnam and
abroad.
c. every activity of criminal procedures in territories of the Socialist Republic of Vietnam and
abroad with the Vietnamese representative organizations
d. Both A, B, and C are incorrect.

138. Every activity of criminal procedures must

a. abide by this Law.
b. abide by this Law and other Vietnamese laws
c. abide by this Law and the international treaties
d. Abide by this law under a certain exception

139. “Conservation of legal equality” means

a. all people are subject to the same laws of justice, regardless of race, gender, belief, religion,
social class, and status.
b. people are subject to different laws of justice, regardless of race, gender, belief, religion, social
class, and status.
c. State-owned enterprises still enjoy priority rights
140. One of the principles of “Sustainment of bodily integrity”:
a. No person is arrested without a Court’s warrant or Procuracy's decision or approval
b. No person is arrested without a Procuracy's decision or approval
c. No person is arrested without a Court’s warrant or Procuracy's decision or approval, except for
acts in flagrant
d. No person is arrested without acts in flagrant
141. Vietnamese citizens cannot be deported or handed to a foreign state
a. True
b. False
142. The search of the residence, search, and seizure, or temporary confiscation of emails,
phones, telegraphs, electronic data, and other forms of private communication
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 a. must abide by the criminal procedural Law
b. must abide by the administrative law
c. must abide by the civil law
d. must abide by the criminal law
143. If grounds for conviction, as per the procedures and formalities in this Law, do not suffice,
competent procedural authorities and persons shall (art. 13)
a. adjudge the accused person to be not guilty.
b. adjudge the accused person to be guilty.
c. have to wait until there are conditions for conviction
d. not be responsible for the adjudication
144. No one is convicted twice for the same crime
a. True
b. False
145. The responsibility to prove the crime
a. is only within the competence of the competent procedural authorities
b. rests solely with the accused person
c. rests with the competence of the competent procedural authorities and is not obligatory on the
accused person
d. rests with the competence of the competent procedural authorities and is obligatory on the
accused person
146. An accused person
a. is entitled to defend himself without a lawyer or another person.
b. is only entitled to be defended by a lawyer or another person.
c. is entitled to defend himself or be defended by a lawyer or another person.
d. is only entitled to be defended by a lawyer.
147. A first-instance Court's judgments or rulings (Art. 27)
a. shall come into effect if not appealed by the deadline as defined in this Law
b. shall come into effect immediately.
c. shall come into effect with the appellate Court’s judgments.
d. is not effective.
148. Persons held in emergency custody, arrested, temporarily detained, or held in detention,
charged, investigated, prosecuted, tried, and sentenced incorrectly or illegally by competent
procedural authorities (Art.31)
a. shall be compensated for physical and spiritual damage and restoration of dignity by a lawyer
b. shall be compensated for physical and spiritual damage and restoration of dignity by the court
c. shall be compensated for physical and spiritual damage and restoration of dignity by the State.
d. shall be compensated for physical and spiritual damage and restoration of dignity by a People’s
Procuracy.

9. LABOR CODE
10. LAW ON INVESTMENT + REVISON
149. Register office means the regulatory body competent to issue, adjust, and revoke
a. Certificates of investment registration.
b. demands of investment registration.
c. applications of investment registration.
150. Investment project means a collection of proposal to make midterm or long-term capital
investment in business
a. in every administrative division over a certain period of time.
b. in a particular administrative division over a special period of time.
c. in a particular administrative division over a certain period of time.
151. New investment project means a project that is executed for the first time or
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 a. a project independent from any other running project.
b. any other running project.
c. an independent project.
152. Certificate of investment registration means a paper or electronic document bearing
registered information about the
a. Intention of the investor.
b. investment project of the investor.
c. purposes of the investor.
153. Business cooperation contract means a contract between investors for business cooperation and
distribution of profits, products
a. with establishment of a new business organization
b. with a new business organization
c. without establishment of a new business organization.
154. Industrial park means an area with a defined geographical boundary specialized in industrial
production and
a. provision of services for exportation.
b. provision of services for industrial production.
c. manufacturing of special products.
155. Economic zone means an area with ..........................which consists of multiple sectors and is
meant to attract investments, develop socio-economic, and protect national defense and security.
a. a defined geographical boundary
b. an industrial park
c. an export-processing zone
156. Investor means ....................................that makes business investments. Investors include
Vietnamese investors, foreign investors, and foreign-invested business organizations
a. an organization
b. individual
c. an organization or individual
157. Investment incentives shall be given to
a. every investment projects.
b. all types of investments.
c. new investment projects and expansion projects.
158. Before establishing a business organization, the foreign investor must
have ...................................and apply for a Certificate of investment registration.
a. an outward investment
b. an investment project
c. an income from business investment
159. The government shall promulgate ...............regulations on management of investments in
Vietnam and outward investments.
a. uniform
b. different
c. debatable
160. .....................shall specify the fields, conditions, and procedures for executing investment projects
under PPP contracts.
a. The Local government
b. The Government
c. The President
161. Investors are ........................to improve access to modern technologies, raise the managerial
capability and develop resources for socio-economic development
a. encouraged by the State
b. encouraged by the Register office
c. encouraged by the foreign market
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 162. Investors are encouraged by the State to.............................. in order to expand the market,
improve the export of goods/services, and receipt of foreign currencies
a. reduce Capital and liquidations
b. manufacture special products
c. make outward investment
163. .................................shall assist the Government in performing uniform state management of
investment in Vietnam and outward investment…
a. The foreign investors
b. The Ministry of Planning and Investment
c. The People’s Council
164. ……………………shall not be nationalized or confiscated by administrative measures.
a. Unlawful assets of investors
b. Income of investors
c. Lawful assets of investors
d. Capital of judicial persons
165. Investors are ………………………to achieve a certain export target; restrict the quantity, value,
types of goods/services that are exported or produced/provided
a. required by the National Assembly
b. required by the State
c. not required by the State
d. required by service providers
166. The level of each type of incentives shall be specified …………………………… taxation and
land.
a. by regulations of law on
b. by specific law
c. by customary law on
d. by investment projects
167. A domestic investor shall establish a business entity in accordance …………………………….
and law corresponding to each type of business entity
a. with specific market access conditions
b. with some important regulations
c. with investment incentives
d. with regulations of law on enterprises
168. Investors.………………….to have the headquarter situated at a location requested by a competent
authority.
a. are not required by the State?
b. are required by the State
c. are obliged by law
d. are not permitted by law

LABOR CODE 2019 (18 questions and Cases-Draft)

Case 1. (Tình huống [1]). Ms. H accepted and signed a contract to work in a mountainous province even
though she knows that this is a heavy job for women. When she arrived at the quarry site, Ms. H refused to
work because she found the job very dangerous. The owner of the mining business said that she had voluntarily
signed a contract, so she could not refuse to work. According to the law, can Ms. H refuse to work?
Article 5. Rights and obligations of employees
1. An employee has the rights to:
d) refuse to work if he/she finds that the work directly threatens his/her life or health;
Case 2. (TH 2 [1]). What behaviors are prohibited in the labor field?
Article 8. Forbidden actions
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1. Labor discrimination.
2. Maltreatment of employees, forced labor.
3. Sexual harassment in the workplace.
4. Taking advantage of occupational training or apprenticeships to exploit the trainees or apprentices, or persuade
or force them to act against the law.
5. Employing untrained people or people without occupational training certificates to do the jobs or works that
have to be done by trained workers or holders of occupational training certificates.
6. Persuading, inciting, promising advertising or otherwise tricking employees into human trafficking,
exploitation of labor or forced labor; taking advantage of employment brokerage or guest worker program to
commit violations against the law.
7. Illegal employment of minors.
Case 3. (TH 4). Nam is a student working part-time. Nam signed a written work agreement with the shop
owner that defined jobs, working time, weekly wages, cases of deductions, bonuses... After 3 months of work,
because of illness, Nam taken 3 days off. When he returned to work, the shop owner had hired someone else.
Nam proposed to be paid the last week's wages, but the shop owner refused because he thought that Nam had
taken an unexpected leave, the store lost money to find a replacement, so that money was deducted from Nam's
salary. Is it correct to say so?
Article 13. Employment contract
1. An employment contract is an agreement between an employee and an employer on a paid job, salary, working
conditions, and the rights and obligations of each party in the labor relations.
A document with a different name is also considered an employment contract if it contains the agreement on the
paid job, salary, management and supervision of a party.
2. Before recruiting an employee, the employer shall enter into an employment contract with such employee.
According to clause 1 above, we see that although Nam and the shop owner have signed a work agreement, not a
labor contract, the job agreement has defined the job, salary, and working time. Then this agreement must be
considered as a Labor Contract. Nam can use this written agreement as a basis to sue the shop owner for failing
to comply with the signed initial payment agreement.
Case 4. (TH 5). Is an employment contract entered into via electronic media in the form of a data message as
valid as a written employment contract?
Article 14. Forms of employment contract
1. An employment contract shall be concluded in writing and made into two copies, one of which will be kept by
the employee, the other by the employer, except for the case specified in Clause 2 of this Article.
An employment contract in the form of electronic data conformable with electronic transaction laws shall have
the same value as that of a physical contract.
Case 5. (TH 6). Ms. Le Thi Huong wants to open a food and beverage business and hire someone who is both
an employee and a cashier. However, Ms. Huong asked to keep the original of this person's identity papers. Is
this case consistent with the provisions of the labor law?
Article 17. Prohibited acts by employers during the conclusion and performance of employment contracts
1. Keeping the employee’s original identity documents, diplomas and certificates.
2. Requesting the employee to make a deposit in cash or property as security for his/her performance of the
employment contract.
3. Forcing the employee to keep performing the employment contract to pay debt to the employer.
Case 6. (TH 8). According to the law, who has the authority to enter into labor contracts?
Article 18. Competence to conclude employment contracts
1. Employees may directly conclude their employment contracts, except for the cases specified in Clause 2 of this
Article.
2. In respect of seasonal works or certain jobs which have a duration of less than 12 months, a group of
employees aged 18 or older may authorized the representative of the group to conclude the employment contract,
in which case such employment contract shall be effective as if it was separately concluded by each of the
employees.
The employment contract concluded by the said representative must be enclosed with a list clearly stating the full
names, ages, genders, residences and signatures of all employees concerned.
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3. The person who concludes the employment contract on the employer’s side shall be:
a) The legal representative of the enterprise or an authorized person as prescribed by law;
b) The head of the organization that is a juridical person, or an authorized person as prescribed by law;
c) The representative of the household, cartels or an organization that is not a juridical person, or an authorized
person as prescribed by law;
d) The individual who directly hires the employee.
4. The person who concludes the employment contract on the employee’s side shall be:
a) The employee himself/herself if he/she is 18 or older;
b) The employee aged 15 to under 18 with a written consensus by his/her legal representative;
c) The employee aged under 15 and his/her legal representative;
d) The employee lawfully authorized by the group of employees to conclude the employment contract.
5. The person who is authorized to conclude the employment contract must not authorize another person to
conclude the employment contract.

Case 7. (TH 9). Ms. Lan is an accountant for enterprise H. To increase her income, she receives additional tax
finalization for some small businesses at the end of the month and signs labor contracts with these
establishments. Is this situation of Ms. Lan legal?
Article 19. Entering into multiple employment contracts
1. An employee may enter into employment contracts with more than one employer, provided that he/she fully
performs all terms and conditions contained in the concluded contracts.
2. Where an employee enters into employment contracts with more than one employer, his/her participation in
social insurance, health insurance and unemployment insurance schemes shall comply with regulations of law on
social insurance, health insurance, unemployment insurance, occupational safety and health
Case 8. (TH 12). Hoa graduated from university and was accepted into a financial trading company. The
probationary period is 02 months, the probationary salary is equal to 70% of the job salary for an official
person. Hoa finds that unreasonable because she does the same thing as everyone else and only receives 70% of
the salary, which is not fair. Can she claim her rights?
Article 25. Probationary period
The probationary period shall be negotiated by the parties on the basis of the nature and complexity of the job.
Only one probationary period is allowed for a job and the probation shall not exceed:
1. 180 days for the position of enterprise executive prescribed by the Law on Enterprises, the Law on
Management and Use of state investment in Enterprises;
2. 60 days for positions that require a junior college degree or above;
3. 30 days for positions that require a secondary vocational certificate, professional secondary school; positions of
or for technicians, and skilled employees;
4. 06 working days for other jobs.
Article 26. Probationary salary
The probationary salary shall be negotiated by both parties and shall not be lower than 85% of the offered salary.
Case 9. (TH 15). Because my mother is seriously ill, I asked the company to give me 1 month of unpaid leave to
go back to my hometown to take care of her. Due to her illness, I stayed at home for another 10 days and called
to inform the company about my extra leave. In fact, I took a leave of 1 month and 10 days, then I returned to
work but was not received by the company on the reason that I took a leave of absence beyond the requested
time, thus violating the company's discipline, they have unilaterally terminated the employment contract with me.
Is the company's answer correct?
(The company has violated the provisions of the labor law. )

Case 10. (TH 20). In what cases can an employee unilaterally terminate a labor contract without prior notice to
the employer?
Article 35. The right of an employee to unilaterally terminates the employment contract
1. An employee shall have the right to unilaterally terminate the employment contract, provided he/she notices
the employee in advance:
a) at least 45 days in case of an indefinite-term employment contract;
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b) at least 30 days in case of an employment contract with a fixed term of 12 – 36 months;
c) at least 03 working days in case of an employment contract with a fixed term of under 12 months;
d) The notice period in certain fields and jobs shall be specified by the government.
2. An employee is shall have the right to unilaterally terminate the employment contract without prior notice if
he/she:
a) is not assigned to the work or workplace or not provided with the working conditions as agreed in the
employment contract, except for the cases specified in Article 29 of this Labor Code;
b) is not paid adequately or on schedule, except for the case specified in Clause 4 Article 97 of this Code.
c) is maltreated, assaulted, physically or verbally insulted by the employer in a manner that affects the
employee’s health, dignity or honor; is forced to work against his/her will;
d) is sexually harassed in the workplace;
dd) is pregnant and has to stop working in accordance with Clause 1 Article 138 of this Labor Code.
e) reaches the retirement age specified in Article 169 of this Labor Code, unless otherwise agreed by the parties;
or
g) finds that the employer fails to provide truthful information in accordance with Clause 1 Article 16 of this
Labor Code in a manner that affects the performance of the employment contract.
Case 11. (TH 24). In what cases does the employer have the right to unilaterally terminate the labor contract?
Article 36. The right of an employer to unilaterally terminates the employment contract
1. An employer shall have the right to unilaterally terminate an employment contract in one of the following
circumstances:
a) The employee repeatedly fails to perform his/her work according to the criteria for assessment of employees’
fulfillment of duties established by the employer. The criteria for assessment of employees’ fulfillment of duties
shall be established by the employer with consideration taken of opinions offered by the representative
organization of employees (if any);
b) The employee is sick or has an accident and remains unable to work after having received treatment for a
period of 12 consecutive months in the case of an indefinite-term employment contract, for 06 consecutive
months in the case of an employment contract with a fixed term of 12 – 36 months, or more than half the duration
of the contract in case of an employment contract with a fixed term of less than 12 months.
Upon recovery, the employer may consider concluding another employment contract with the employee;
c) In the event of a natural disaster, fire, major epidemic, hostility, relocation or downsizing requested by a
competent authority, the employer has to lay off employees after all possibilities have been exhausted;
d) The employee is not present at the workplace after the time limit specified in Article 31 of this Labor Code;
dd) The employee reaches the retirement age specified in Article 169 of this Labor Code, unless otherwise agreed
by the parties;
e) The employee quits his/her fails to go to work without acceptable excuses for at least 05 consecutive working
days;
g) The employee fails to provide truthful information during the conclusion of the employment contract in
accordance with Clause 2 Article 16 of this Labor Code in a manner that affects the recruitment.
Case 12. (TH 25). Company X had signed an indefinite-term labor contract with Mr. B. Mr. B has suffered a
vertebral injury due to a traffic accident, has been hospitalized for more than 1 year and still has not recovered.
Therefore, Company X decided to terminate the labor contract with Mr. B. Is it right or wrong for the company
to unilaterally terminate the labor contract with Mr. B? Before unilaterally terminating the labor contract, is the
employee notified in advance?
Article 36. The right of an employer to unilaterally terminates the employment contract
1. An employer shall have the right to unilaterally terminate an employment contract in one of the following
circumstances:
b) The employee is sick or has an accident and remains unable to work after having received treatment for a
period of 12 consecutive months in the case of an indefinite-term employment contract, for 06 consecutive
months in the case of an employment contract with a fixed term of 12 – 36 months, or more than half the duration
of the contract in case of an employment contract with a fixed term of less than 12 months.
Upon recovery, the employer may consider concluding another employment contract with the employee;

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(according to Clause 2, Article 36 of the Labor Code 2019, in this case, when unilaterally terminating the labor
contract, Company X must notify Mr. B at least 45 days in advance.)
Case 13. (TH 57). At the end of the year, my agency has many things to work overtime, even working at night. So
during this time, do we get paid overtime or not? If yes, how is it calculated?
Article 98. Overtime pay, night work pay
1. An employee who works overtime will be paid an amount based on the piece rate or actual salary as follows:
a) On normal days: at least 150%;
b) On weekly days off: at least 200%;
c) During public holidays, paid leave, at least 300%, not including the daily salary during the public holidays or
paid leave for employees receiving daily salaries.
2. An employee who works at night will be paid an additional amount of at least 30% of the normal salary.
3. An employee who works overtime at night will be paid, in addition to the salary specified in Clause 1 and
Clause 2 of this Article, an amount of at least 20% of the day work salary of a normal day, weekend or public
holiday.
Case 14. (TH 67). Please tell us the provisions of the labor law on cases of personal leave, unpaid leave.
Article 115. Personal leave, unpaid leave
1. An employee is entitled to take a fully paid personal leave in the following circumstances, at long at is notified
to the employer in advance:
a) Marriage: 03 days;
b) Marriage of his/her biological child or adopted child: 01 days;
c) Death of his/her biological or adoptive parent; death of his/her spouse’s biological or adoptive parent; death of
spouse, biological or adopted child: 03 days.
2. An employee is entitled to take 01 day of unpaid leave and must inform the employer in the case of the death
of his/her grandparent or biological sibling; marriage of his/her parent or natural sibling.
3. The employee may negotiate with his/her employer on taking unpaid leave other than the leave stipulated in
Clause 1 and Clause 2 of this Article.
Case 15. (TH 79). What policies does the State have to ensure fairness for female workers?
Article 135. State policies
1. Equality between male and female employees shall be ensured; necessary measures for ensuring gender
equality and prevention of sexual harassment in the workplace shall be implemented.
2. Employers are encouraged to enable both male and female employees to work regularly, and to widely apply
the systems of flexible working hours, part-time work, or outwork.
3. Necessary measures shall be implemented to create employment opportunities, improve working conditions,
develop occupational skills, provide healthcare, and strengthen the material and spiritual welfare of female
employees in order to assist them in developing effectively their vocational capacities and harmoniously combine
their working lives with their family lives.
Case 16. (TH 91). If a foreign worker come to Vietnam to work, what conditions must they meet? How are these
conditions regulated by current law?
Article 151. Requirements for foreigners to work in Vietnam.
1. A foreign employee means a person who has a foreign nationality and:
a) is at last 18 years of age and has full legal capacity;
b) has qualifications, occupational skills, practical experience and adequate health as prescribed by the Minister
of Health;
c) is not serving a sentence; does not have an unspent conviction; is not undergoing criminal prosecution under
his/her home country’s law or Vietnam’s law;
d) has a work permit granted by a competent authority of Vietnam, except in the cases stipulated in Article 154 of
this Labor Code.

Case 17. (TH 94). I heard that foreign workers can still work in Vietnam without a work permit. Could you
please let me know what are the legal provisions?
Article 154. Work permit exemption for foreign employees in Vietnam
A foreign employee is not required to have the work permit if he/she:
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1. Is the owner or capital contributor of a limited liability company with a capital contribution value conformable
with regulations of the Government.
2. Is the Chairperson or a member of the Board of Directors of a joint-stock company a capital contribution value
conformable with regulations of the Government.
3. Is the manager of a representative office, project or the person in charge of the operation of an international
organizations or a foreign non-governmental organization in Vietnam.
4. Enters Vietnam for a period of less than 03 months to do marketing of a service.
5. Enters Vietnam for a period of less than 03 months to a resolve complicated technical or technological issue
which (i) affects or threatens to affect business operation and (ii) cannot be resolved by Vietnamese experts or
any other foreign experts currently in Vietnam.
6. Is a foreign lawyer who has been granted a lawyer’s practicing certificate in Vietnam in accordance with the
Law on Lawyers.
7. In one of the cases specified in an international treaty to which the Socialist Republic of Vietnam is a
signatory.
8. Gets married with a Vietnamese citizen and wishes to reside in Vietnam.
9. Other circumstances specified by the Government.
Case 18. (TH 95). I have an older sister who is married to a foreigner with German citizenship. After getting
married, my sister followed her husband to Germany, but now she wants to go back to Vietnam to live. If her
husband also returns to Vietnam to work, is he required to have a work permit?
Article 154. Work permit exemption for foreign employees in Vietnam
8. Gets married with a Vietnamese citizen and wishes to reside in Vietnam.

References
[1] http://ninhbinh.edu.vn/tai-nguyen/pho-bien-giao-duc-phap-luat/106-cau-hoi-dap-tinh-huong-phap-luat-ve-bo-
luat-lao-dong-nam.html
[2] http://www.nhankiet.vn/vi/r2579/The-Labor-Code-2019--Effective-Jan-01-2021.html

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