Commercial law

Processors recipients only receive processing remunerations in cash

• True

• False

Answer explanation

According to Article 183.1, Commercial Law 2005: “Processors may receive processing remunerations paid in cash or in processed products, or machinery and equipment used for the processing”

Processees can sell, destroy, donate or give as gifts on the spot processed products, leased or lent machinery and equipments, raw materials, auxiliary materials, redundant supplies, faulty products and discarded materials according to agreements and provisions of law.

• True

• False

Answer explanation

Article 181.3 LoC 2005

The rights of the processor are the obligations of the processee and vice versa

• True

• False

Answer explanation

Because a commercial processing contract is a bilateral contract (the definition of a bilateral contract is specified in Clause 1, Article 406 of the Civil Code 2015)

Paying assessment service charges and other reasonable expenses is:

• Customer’s obligation

• Trader’s obligation

• Customer’s right

• Trader’s right

Who is assessment-authorizing parties?

• Traders

• Traders providing assessment service in Vietnam

• Foreign traders providing assessment services having no license to operate in Vietnam

Who will be responsible for accuracy of results and conclusions in assessment certificates?

• The party requesting the assessment

• Traders providing assessment services

• None of them

• Both of them

When using assessment services, do state agencies have the obligation to pay assessment remunerations to traders providing assessment services?

• Yes

• No

Answer explanation

State agencies or organizations have the obligation to “pay assessment remunerations to traders providing assessment services according to agreements between the two parties on the basis of market prices” (Art. 268.2)

What legal structure does the commercial processing relationship take?

Hint: p__c___i__ _o___a__

According clause 1, article 266: "The fine level shall be agreed upon by the parties but must not exceed ....... times the assessment service charge.”

*Note: write down the number. Ex: 1, 10, 12, ...

According to Article 256:

“Only ....... that satisfy ..... provided for by law and ......... for provision of commercial assessment services shall be allowed to provide assessment services and issue assessment certificates.

• businessmen- satisfy all the conditions - are granted business registration certificates

• traders - satisfy all the conditions - are granted business registration certificates

• traders - satisfy some conditions - are granted business registration certificates

• businessmen- satisfy some conditions - are granted business registration certificates