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WorksheetsOverview of Vietnamese Legal System
Total questions: 150
Worksheet time: 1hrs 15mins
The current legal system of Vietnam is
Civil law from French legal traditions
Common law with case precedents
Civil law with Marxist-Leninist ideology
Feudal law with royal decrees
A significant change in the Socialist Republic of Vietnam occurred with
Introduction of WTO membership
Expansion of international cooperation
Reunification in 1975
Introduction of Doi Moi in 1986
Vietnam’s legal system was formed gradually
under socialist legality and decentralism
under Communist Party and democratic centralism
under liberal pluralism and elections
under democratic centralism only
Vietnamese law
is independent of Party policies
differs from the Party’s policies
cannot conflict with Party policies
completes the Party’s policies
With international cooperation, the legal system in Vietnam
has some new features
remains like centrally planned era
has completely changed
becomes fully common law
The principle of the State of Vietnam is
Democratic decentralism
Centralism and decentralism
Democratic centralism
Authoritarian central command
The National Assembly of the Socialist Republic of Vietnam
is the highest representative organ of people
is the highest representative organ of government
is the highest organ of the nation
is the supreme judicial authority
The President of the Socialist Republic of Vietnam
is appointed by the Party Central Committee
is elected by regional governments
is elected by Government for 5 years
is elected by National Assembly for 5 years
People’s Council
is the local organ of State Power
is not an organ of State Power
is the highest organ of State Power
is the national executive organ
People’s Committee
is a local legislative body
is a local executive body
is a judicial supervisory body
is a central executive body
A Constitution is
the fundamental law of a State
a set of policy directives
an important organization of a State
the power expression of a Nation
Fundamental rights of the people are protected by the Constitution
True
False
Only during emergencies
Only for citizens
All laws incompatible with the Constitution are
enforced by decree
subject to judicial review only
invalid
valid until revised
In Vietnam, the 2013 Constitution reflects
new goals in CPV Political Program
stable goals from earlier programs
a difficult reform period
market liberalization aims
In Vietnam, the 1992 Constitution amended in 2013
limits civil freedoms broadly
modifies rights and duties heavily
determines rights without change
emphasizes human rights and citizen rights
Vietnam’s economy is a socialist-oriented market economy where
central planning returns fully
the State still plays a key role
the private sector leads fully
the State sector will disappear
The Vietnamese political system is constituted by
the Party, legislature, executive, judiciary
the Party, legislature, executive, departments
government departments and judiciary only
legislature and judiciary only
According to the Patriarchal Theory, the State originates from
company formation
family under parental authority
social group enlargement
army consolidation
According to the Natural Theory, the State originates from
family under parental authority
company growth
social group enlargement
army formation
According to the Force Theory, States are created through
social group activities
familial parental authority
commercial company power
constant wars and invasions
According to the Divine Theory, States are created by
family under parents
companies
social groups
God
According to the Marxist Theory, the system of private property
Destroys social group
Is dangerous
Is a potential cause of the rise of state
Create army
Feudal state is
Based on the holding of land in fief or fee
Based on the social contracts
Based on democracy
Based on the development of commerce
A constitutional monarchy is a system of government in which
A monarch rule with an alliance of the working class
A president is guided by a constitution
A monarch rule with charity
A monarch is guided by a constitution
A democracy is a government in which power and civic responsibility are exercised by
A dominating class
A monarch who rules with charity
A ruler
All adult citizens, directly or through their freely elected representative
With a Presidential government
The head of Government leads the legislative organ
The head of Government doesn’t lead the executive organ
The head of State is also the head of the legislature
The head of Government is also the head of State
Law is connected to the ideology
False
True
Law refers to a system of political ideas
True
False
Law and politics are separable
False
True
Mode of production doesn’t have relationships with law
False
True
Administrative justice relates to the law, procedures, and systems that individual members of society can use to challenge decisions
False
True
Purposes and Functions of Law
Establishing standards, Maintaining relationships, Resolving disputes
Protecting conflicts
Establishing standards, Maintaining order, Resolving disputes, Protecting liberties and rights
Liberties and rights
Establishing relationships, Maintaining order, Resolving disputes, Protecting
The law will protect humans from
Justice system
Other people who want to harm mankind
Groups fighting for specific rights
The law
Promote special organizations
Promote the common good
Promote special social groups
In case of resolving the dispute, the law provides
Support to people who cannot agree with another person
Support to people who neglect conflict
Support for divorce
The law is a guidepost for minimally acceptable behavior in society
False
True
The law provides order consistent with society’s guidelines.
False
True
The law provides a INFORMAL means for resolving disputes
True
False
Public Law includes
Constitutional Law, Administrative Law, Business Law
Constitutional Law, Administrative Law, and Civil Law
Constitutional Law, Administrative Law, Criminal Law
Property Law, Administrative Law, Civil Law
Private Law includes
Constitutional Law, Administrative Law, and Civil Law
Property Law, Administrative Law, Civil Law
Law of Contract, Law of Property, Family Law…
Constitutional Law, Administrative Law, Criminal Law
Law is best described as which characteristic?
A stable and unified system
A system of customs only
Possesses multiple normative characters
A system of social contracts
What is a requirement for the content of law?
Should be written in various manners
May be modified freely
Should be written in legal language
May be expressed freely
Vietnamese law is primarily characterized by what?
Is a system of relations
Is an unstable and diversified system
Applies to a specific part of the country
Is supported by state coercion
In Vietnam, Customary rules are typically what?
First choice for dispute settlements in minority ethnic communities
Disregarded by the legislators
A unified system
Dominating all social relations
In Vietnam the State tends to do which of the following regarding Customary Law?
Apply Customary Law only for family relationships
Harmonize Customary Law with State law
Recognize all Customary Rules
Abolish Customary Law
In Common law systems, which is the most important source of law?
Judges do not contribute
Administrative circulars
Codes and statutes
Judicial cases
In Civil law systems, which is the most important source of law?
Judicial cases
Codes and statutes covering all eventualities
Judges can contribute to rules
Customary practices
In Common law, judges function most like which role?
Investigators
Arbiters
Guides
Mediators
In Civil law, judges function most like which role?
Negotiators
Investigators
Arbiters
Guides
In Common law systems, how extensive is freedom of contract?
Contracts not negotiated
Follows sophisticated models
Very extensive
Limited by rigid codes
In Civil law systems, contracts typically do what?
Rely on judge-made rules
Are not negotiated
Follow sophisticated models
Have very extensive freedom
In Common law trials, who primarily asks questions and demands production of evidence?
Lawyers
Jurors
Judges
Arbiters
In Civil law trials, who primarily asks questions and demands evidence?
Judges
Lawyers
Jurors
Arbiters
Constitutional law primarily regulates what?
Private contractual relations
Investigation and prosecuting authorities in criminal proceedings
The activity of public authority
All legal relationships concerned with the state and law
Administrative law primarily regulates what?
All legal relationships concerned with the state and law
The activity of public authority
Investigation and prosecuting authorities in criminal matters
Private property rights
Criminal procedural law regulates the activity of which bodies?
Public authorities generally
Civil registries and notaries
All legal relationships with the state
Investigation, prosecuting, and court authorities in criminal proceedings
Criminal law primarily focuses on what?
Family legal relations
Behaviours sanctioned under the criminal code and defined as illegal
Contractual obligations between parties
Protecting rights of inventors, authors, and businesses
Family law primarily focuses on what?
Legal relations within the family context
Behaviours sanctioned under the criminal code
Protecting rights of inventors and businesses
Employment relations
Intellectual property law focuses on what?
Public authority activities
Legal relations in the family context
Behaviours defined as illegal under the criminal code
Protecting rights of inventors, authors, and businesses to tangible and intangible creations
Procedural law determines the rules of court procedure.
Only in criminal cases
Sometimes true
False
True
Civil procedural law is best described as what?
International arbitration rules
Relations between workers and their employers
A set of treaties protecting the environment
Related to civil law and its sub-branches
Labor law concerns which relations?
Between workers and their employers
Treaties protecting the environment
Sub-branches of civil law
Criminal prosecution authorities
Personal relations in civil law are
attached to a specific subject only
non-transferable to other persons
transferable to other persons
Personal relations are composed of
relations associated or not associated with property
relations only associated with property matters
relations only associated with personal affairs
Social relations that civil law regulates include
personal and property relations
property relations only
personal relations only
Property relations mean
relations strictly between two owners
relations between people about a property
relations between certain properties
Property relations include
ownership, marriage, compensation, inheritance
ownership, conflict, compensation, inheritance
ownership, marriage, insurance, inheritance
Civil legal capacity of a natural person (Art.16, 2015) is
willingness to have civil rights and obligations
ability to have civil rights and obligations
possibility to have civil rights and obligations
Legal act capacity of a natural person (Art.19, 2015) is the capability to
exercise rights and perform obligations through acts
establish and exercise rights and perform obligations
establish rights and perform obligations through acts
A juridical person is
an organization meeting specific legal conditions
an organization created by courts
a person meeting specific legal conditions
Family households and cooperative groups have juridical person capacity
True
False
Only with court approval
Legal personality of a natural person
starts at 16 and ends at death
starts at birth and ends at death
starts at 18 and ends at death
A civil transaction is
a conversation changing civil rights or obligations
a contract or unilateral act changing civil rights
a document changing civil rights or obligations
A civil transaction shall be expressed
verbally or in writing only
only in writing under legal seal
verbally, in writing, or through acts
Civil transactions are invalid if
participants are aware and controlling their acts
participants have sufficient act capacity
participants lack sufficient civil act capacity
Civil transactions are valid if
they contain minor mistakes
they violate prohibitory provisions
participants have act capacity and act voluntarily
Property comprises
intangible things, money, papers, rights
tangible things, money, valuable papers, rights
intangible things and papers only
A property right is a right which
can be valued in money but not transferred
cannot be valued in money or transferred
can be valued in money and transferred
Ownership rights comprise
rights to possess, use, dispose by law
rights to use and dispose by owner consent
rights to possess, use, dispose freely
Right to use (Art.189, 2015) means
exploit yield and income from property only
exploit usage, enjoy yield and income from property
exploit usage, yield, income from all properties
The right to use
may be transferred upon agreement or by law
should not be transferred under any agreement
is forbidden to be transferred by any law
Representation is
acting in own name within representation
acting in another’s name within representation
acting for a transaction beyond representation
Civil obligation is best described as which of the following?
Legally binding, arising from regulations of law
Legally binding, arising from obligation or regulations
Legally binding, arising from agreements or regulations
Obligees are those who have the lawful right to do what?
Require obligors to perform all acts to satisfy benefits
Require others to perform or not perform acts to satisfy benefits
Require obligors to perform or not perform acts to satisfy benefits
In an obligation relation, a third party is generally considered to be:
Subject of obligation relation
Not subject to obligation relation
Subject or not subject to obligation relation
A civil contract is an agreement between parties to:
Establish, change or terminate civil rights and obligations
Establish or terminate obligations only
Establish or change civil rights only
An obligor must perform his or her obligation:
In an honest manner, contrary to ethics
In cooperation, and not contrary to law and ethics
In the spirit of obligation, contrary to ethics
When entering a contract, the subject has the freedom to:
Choose partners and contract contents
Choose partners and force majeure alone
Decide the consequence of contracts only
The content of a contract generally comprises:
Foundation, Optional, Basic articles
Foundation, Regular, Optional articles
Basic, Foundation, Specific articles
Compensation for damage outside the contract arises due to:
Infringement of others’ willingness, honour, property
Infringement of others’ health, honour, reputation, property
Infringement of ambition, reputation, property
The quality of an object for sale and purchase shall be:
As determined by the seller
As agreed by the parties
As determined by the purchaser
A purchaser must pay the full price at the agreed place and time.
False
True
Property shall be delivered:
By method determined by the seller
By method determined by the purchaser
By the method as agreed by the parties
A seller does not have the obligation to provide necessary information on the property for sale and instructions on its use.
False
True
A contract for the exchange of property must be made:
Verbally, in writing, or through specific acts
Verbally or in writing
In writing
A contract for the loan of property means an agreement whereby:
A lender delivers money to a borrower
A lender delivers property to an owner
A lender delivers property to a borrower
A lease of property is an agreement whereby the lessor:
Delivers property to a lessee for a long term
Delivers property to a lessee for a short term
Delivers property to a lessee for use during a fixed term
Bailment of property means an agreement whereby:
Bailee accepts the property of a bailor for use
Bailee accepts the property of a bailor for safekeeping
Bailee accepts the property of a bailor for rent
Borrowing of property means an agreement whereby:
Lender delivers property to a borrower for use and charge
Lender delivers property to a borrower for use during a fixed time
Lender delivers property to a borrower for free of charge
A contract for the transport of passengers may be made:
Verbally, in writing, or through specific acts
In writing
Verbally or in writing
A crime is an act dangerous to society and defined in Criminal Code, committed by:
A person who may or may not have criminal capacity
A person with criminal capacity or corporate legal entity
A person with no criminal capacity or legal entity
Less serious crime means a crime whose danger to society:
Is not significant
Is great
Is significant
Serious crime means a crime whose danger to society:
Is minimal
Is significant
Is not significant
A less serious crime means a crime whose danger to society
is great
is significant
is not significant
is enormous
A very serious crime means a crime whose danger to society
is great
is significant
is enormous
is not significant
An extremely serious crime means a crime whose danger to society
is great
is significant
is enormous
is not significant
A person who commits an act that results in harmful consequences is exempt from criminal responsibility
if such consequences cannot be foreseen or have to be foreseen
if such consequences are foreseen or have to be foreseen
if such consequences can be foreseen or have to be foreseen
if such consequences were reasonably predictable by experts
A person who commits a dangerous act while suffering from a mental disease causing loss of awareness or control
is not exempt from criminal responsibility
cannot be exempt from criminal responsibility
is exempt from criminal responsibility
is exempt only if damage was minor
The use of justifiable force
constitutes a civil wrong by default
does not constitute self-defense
does constitute a criminal offense
does not constitute a criminal offense
If damage inflicted is reasonably unnecessary in an urgent circumstance, the person who inflicts such damage
shall bear criminal responsibility
must compensate in civil liability automatically
shall not bear criminal responsibility
is exempt from criminal responsibility
If bodily harm inflicted by the use of violence is obviously more than necessary, the person who inflicts such damage
shall bear criminal responsibility
shall not bear criminal responsibility
is exempt from criminal responsibility
is disciplined administratively only
The time limit for criminal prosecution is a time limit set by the Code and upon its expiration
the offender must face civil liability proceedings
the offender does not face any criminal prosecution
the offender does not face any responsibility
the offender does face certain criminal prosecutions
Actions taken against juvenile offenders depend on
their ages and the gravity of social danger alone
their ages, reasons, and circumstances in which offenses are committed
their ambition, awareness of their criminal acts, reasons, and circumstances
their ages, awareness of their criminal acts, reasons, and circumstances
Life imprisonment and death sentence shall
be imposed for all extremely serious crimes
not be imposed upon a juvenile offender
be imposed upon a juvenile offender
be discretionary for juvenile offenders
Additional punishments
shall be or not be imposed upon a juvenile offender
shall not be imposed upon a juvenile offender
shall be imposed upon a juvenile offender
are always imposed when crime is serious
Abuse of power means acts of infringement upon rightful activities of an agency or organization committed
by a worker in performance of official duties
by an important person in performance of official duties
by an officer-holder in the performance of official duties
by any citizen outside official duties
The Civil Procedure Code provides for basic principles, order, and procedures for initiating lawsuits at People’s Court to settle cases of
criminal lawsuits in civil courts
civil negotiation, civil marriage, civil dispute
civil lawsuits, civil marriage, civil dispute
civil lawsuits, civil matters, civil cases
The Civil Procedure Code applies to
Both a, b, and c are true
the settlement of civil cases with foreign elements subject to treaties
civil proceedings conducted by consular offices abroad
all civil proceedings throughout the territory of Vietnam
Courts shall only accept settlement of civil cases
when they receive lawsuit petitions and/or requests and shall settle beyond the scope requested
when a court believes a case needs social resolution
when they receive lawsuit petitions or requests from an involved party and settle only within the scope of such petition or request
when they receive lawsuit petitions from an involved party and shall settle any civil cases they want
During civil case settlement, the involved parties
can request courts to terminate or change petitions or voluntarily reach agreement contrary to law and social ethics
shall have a right to terminate or change petitions or voluntarily reach agreement with one another, not contrary to law and social ethics
don’t terminate or change petitions or voluntarily reach agreement with one another
must keep petitions unchanged until judgment
The responsibility to transfer court judgments, decisions, summons, invitations, and other papers at the Court’s request belongs to
Commune-level People’s Committee or related agencies, organizations, and individuals
Procuracy
People’s Committees at all levels or relevant agencies, organizations, and individuals
Court only
Mediation in civil procedures:
the Courts have the responsibility to conduct mediation
the Courts don’t have the responsibility to conduct mediation
the Procuracies have the responsibility to conduct mediation
mediation is optional and done by private mediators only
The Courts shall assist the involved parties to collect evidence and
enforce judgments without trial
clarify facts, ensure lawful resolution
prepare appeals automatically
determine guilt for criminal charges
First-instance judgments or decisions of the Courts become legally effective when which condition is met?
They are not appealed within the appellate time limit
They are appealed within the appellate time limit
They are reviewed by a higher court
They are proposed again by the courts
Which are included as representatives in civil proceedings?
Only authorized representative
Only legal representative
Neither representative types
Both legal and authorized representative
In which case do involved parties not authorize others to act on their behalf?
All answers are wrong
Making a birth certificate
For divorce
Marriage registration
A witness is entitled to refuse to testify in which situation?
Before opening first-instance court
When not wanting to participate
When information relates to personal and family secrets
If the witness is a minor
When do individuals have the right to request the Court to apply provisional urgent measures?
After the court issues the Judgment
In the process of solving the case
Before opening the first instance court
During the investigation of the case
In which case must the plaintiff bear the entire first-instance court cost?
In the case of consent divorce
In the divorce case
When court accepted the request
When court did not accept the request
The criminal procedure code does which of the following functions?
Prescribes procedures for charges and adjudication
Regulates missions and authorities to institute proceedings
Regulates rights and duties of entities and cooperation
All of the listed functions
The criminal procedure code governs what scope of activities?
Abroad activities with representative organizations
None of the listed options
Every criminal procedure activity in Vietnam and abroad
Every criminal procedure activity in Vietnam
Every activity of criminal procedures must do what?
Abide by this Law and international treaties
Abide by this Law and other Vietnamese laws
Abide by this Law with exceptions
Abide by this Law
Conservation of legal equality means what?
People subject to different laws of justice
All people subject to same justice regardless of status
State-owned enterprises enjoy priority rights
Authorities apply flexible justice tiers
A principle of sustainment of bodily integrity includes which condition?
No arrest without court warrant or procuracy approval
No arrest without procuracy decision only
No arrest without warrant or approval, except flagrante
No arrest only without acts in flagrante
Vietnamese citizens cannot be deported or handed to a foreign state. True or False?
True with exceptions
False except for treaties
False
True
Search and seizure or temporary confiscation of private communication data must comply with which law?
Criminal procedural law
Administrative law
Civil law
Criminal law
If grounds for conviction do not suffice, competent authorities shall do what?
Wait until there are conditions for conviction
Adjudge the accused to be guilty
Adjudge the accused to be not guilty
Decline responsibility for adjudication
Is anyone convicted twice for the same crime?
True
False
True in special circumstances
False unless retried
Who holds the responsibility to prove the crime?
Competent authorities; not obligatory on accused
Solely the accused person
Competent authorities; obligatory on accused
Only competent authorities
An accused person is entitled to which defense right?
Defend himself without lawyer only
Be defended only by a lawyer
Defend himself or be defended by a lawyer or person
Be defended only by another person
First-instance Court's judgments or rulings become legally effective under what condition?
Appealed within appellate time limit
Not appealed within appellate time limit
Reviewed by Supreme Court
After procuracy approval
Which statement aligns with the principle of legal equality?
Equal justice across race and social class
Priority justice for specific social statuses
Flexible justice based on regional policy
Different justice for enterprises and citizens
Which act is prohibited for employers during labor relations?
Labor discrimination and forced labor
Flexible scheduling by mutual consent
Providing safety training and equipment
Offering optional apprenticeships with pay
Nam’s written work agreement defined job, wages, and working time. After illness, he was replaced and lost wages. What makes his agreement enforceable as an employment contract?
It was posted on a notice board
It was verbally agreed at the shop
It mentions only weekly schedules
It specifies job, pay, and working conditions
Are electronically concluded employment contracts via compliant data messages as valid as physical contracts?
No, validity requires notarization always
Yes, but only for part-time jobs
No, only handwritten originals count
Yes, if conforming to e-transaction laws
Ms. Huong plans to hire a cashier and asked to keep the employee’s original ID papers. Which rule applies?
Employers may hold originals during probation
Employers may retain originals with consent
Employers can swap for certified copies temporarily
Employers must not keep original identity documents
Who may conclude the employment contract on the employee’s side without representation?
A group representative for all employees
The employee aged 15 with no guardian
The employer’s legal representative
The employee aged 18 or older
What is the maximum probationary period for positions requiring a junior college degree or above?
60 working days
90 calendar days
180 calendar days
30 working days
An employee may unilaterally terminate the contract without prior notice if the employer fails to provide adequate pay or schedule, except for which specific case?
Clause 4 Article 97
Clause 2 Article 36
Article 29 exceptions
Clause 1 Article 169
An employer may unilaterally terminate when an employee repeatedly fails to perform duties according to criteria established how?
By the employer with union input
By government inspectorates
Only by the HR manager
By the labor mediation board
