FINAL REVISION

CIVIL LAW 2015

1. Which of the following relation is governed by the civil law?
a. An got 3 billion dong loan from HSBC
b. Tu and Trinh registered their marriage with Tan Binh people’s committee
c. Tuan donated 5 billion dong to a charity
d. Toan binned his jacket
e. Thuong requested Hoang to compensate her for damages caused by him
Answer: a, c, d, e

2. Who has civil act capacity to enter into the following civil transactions?
a. An 84 year old woman sells her phone
b. A 16 year old girl makes a will to give her own house to her boyfriend
c. A 7 year old girl buys 20 bottles of water
d. A 20 year old girl addicted to drugs buys a meal
e. A 35 year old man serving an imprisonment punishment sells his car
f. A 75 year old stroke victim sells his house
Answer: All of above

3. Which of the following are contracts?

a. A student agrees to buy a dress from Lazada
b. Two friends agree to arrange a picnic
c. Two people agree to get married
d. A person agrees to the terms and conditions of Facebook
Answer: a, d

4. Which of the following are valid contracts?

a. A 12 year old girl, herself, decided to give her phone to a friend as a gift
b. A 25 year old man sold a 37 year old student drugs
c. Vingroup entered into a contract of sale of houses verbally
d. Rob used a knife to compel Sam to sign a contract to sell him Sam’s car
Answer: None of above

5. Which of the following is an offer to enter into a contract?

a. On the 6th April 1956, Great Minneapolis posted in a newspaper as follows: 9 am this
Saturday, our new Sharp fur coats valued $100 will be sold to the first customer for $1.
 b. In March 1991, a company in Austria ordered from a company in Germany, a large
number of Chinchilla mink fur sets. Both parties agreed that each Chinchilla mink fur set
with average quality would cost from 35 to 65 DM.
c. Dominos pizza posted online that on Tuesday, customers buying one pizza will get one
free.
Answer: a, c

6. Which case(s) are liabilities for damages born?

a. Bao drove through a red light and hit Huong who was crossing the road. Huong’s left arm
is broken due to the accident.
b. Tin’s ox ran into Chau. Chau fell but didn’t have any injury. However, Chau brought
medicines home for her dad late due to the accident and her dad passed away.
Answer: a

7. Which of the following cases is not subject to compensation for non-contractual damage?
a. Thien, 14 years old, drove into an 85 year old man walking on the side of the road and
caused broke the man’s leg.
b. Thien Phuc company was asked to transport a new sofa to Binh’s house in district 2, Ho
Chi Minh city. Thien Phuc’s staff forgot to put a plastic cover on the sofa while he was
delivering it. As a result, the sofa got wet on the way due to the rain.
c. Tien, 25 years old, agreed to build a bathroom for Kieu. He knocked down Kieu’s gate
when he tried to bring construction materials into Kieu’s garden.
Answer: b

8. Who will bear the liability for non-contractual damages in the following cases?
a. Thien, 14 years old, drove into an 85 year old man walking on the side of the road and
broke his leg.
b. Tien, 25 years old, agreed to build a bathroom for Kieu. He knocked down Kieu’s gate
when he tried to bring construction materials into Kieu’s garden.
c. A member of staff, of pizza hut, 20 years old, dropped the metal box where pizzas are
kept, on An’s foot when he delivered a pizza to An. This broke two of An’s toes.
d. Minh, 35 years old, who is addicted to drugs, cut down a tree in his garden. This tree fell
and knocked down his neighbour’s barrier.
Answer: b, d

9. An individual has civil rights and obligations such as (i) personal rights associated with or
not associated with property; (ii) ownership rights, inheritance rights, and other rights with
respect to property; and (iii) rights to enter into civil relations and have obligations arising
out of such relations.
The said – above civil rights and obligations are:
 a. Civil legal capacity of legal person
b. Civil legal capacity of natural person
c. Capacity for civil acts of individuals
d. Capacity for civil acts of organization
Explain: Article 17, Civil Code 2015

10. Civil legal capacity commences:

a. When an individual reaches age 18
b. When an individual is born
c. When an individual participates in a civil transaction
d. When an individual is capable of being aware of or controlling his/her own acts

11. Which of the following is INCORRECT following to the Civil Code 2015?
a. Each individual has different civil legal capacity.
b. The civil legal capacity of an individual may not be restricted, except where provided by
law.
c. The civil legal capacity of an individual means the capability of the individual to have
civil rights and civil obligations.
d. The civil legal capacity of an individual commences at birth and terminates at death.
Explain: Article 16, Civil Code 2015

12. The capability of the individual to establish and exercise civil rights and perform civil
obligations through his or her acts is
a. Legal capacity
b. Civil legal capacity
c. Capacity for civil acts of natural person
d. Capacity for civil acts of legal person
Explain: Article 19, Civil Code 2015

13. A person who is incapable of being aware of or controlling his or her own acts due to any
mental diseases or other ailments is a person
a. Having full of capacity for civil acts
b. Lacking capacity for civil acts
c. Being limited of capacity for civil acts
d. Having loss of capacity for civil acts

14. Among the following subjects, who can buy a motorbike WITHOUT the consent of his/her
legal representative?
a. A 5-year-old child
b. A 16-year-old pupil
 c. Persons addicted to drugs or other stimulants
d. None of the above

15. Which of the following statements is CORRECT?

e. Anyone can self-state the status of his/her capacity of civil acts
f. Only the legal representative can declare a person having restricted or loss of capacity
g. Only the court has the legitimate right to declare a person having restricted or loss
of capacity
h. The government can declare a person having restricted or loss of capacity
Explain: Article 22, 24, Civil Code 2015

16. In order to have legal person status, an organization must meet the following conditions:
a. Being established lawfully
b. Having a well-organized structure
c. Possessing property independent from that of individuals and other organizations, and
bearing its own liability with such property and independently entering into legal relations
in its own name
d. All of the above

17. Which of the following can be subject of the Civil Code?

a. Coop mart
b. Your family
c. Heineken Vietnam Brewery Limited Liability Company
d. Yourself
e. All of the above
f. None of the above

18. Which of the following is NOT classified as a property according to the Civil Code?
a. Vietnamese Government Bond
b. Coca cola®
c. Human kidney
d. Land used right

19. Under which of the following circumstances, your ownership rights cannot be created
through:
a. Your monthly salary
b. You inherited a car valued VND$ 300 million from your grand father
c. You found a bag in a class and kept it for yourself yesterday
d. You found and kept, in accordance with law, objects which have been abandoned, lost,
mislaid or buried, of stray poultry or livestock, or of aquaculture stock.
20. Which of the following is TRUE about the ownership right?
a. Ownership rights are the rights of an owner to its immovable property
b. Only individuals can be owners of property
c. An owner is entitled to self-protect his ownership rights and to stop any person
infringing his ownership rights and to search for and reclaim the property which
has been possessed, used or disposed of unlawfully by another person.
d. Ownership rights of immoveable property and moveable property shall be registered in
accordance with the provisions of Civil Code and the law on registration of immoveable
property.
Explain: Article 164, 166, Civil Code 2015

21. Under which of the following circumstances, the ownership right of Hung is NOT terminated
in accord with the law?
a. Hung’s iPhone is broken
b. Hung has to compensate 10 million VND to Ms. Lien for her medical fees because he
drove his motorbike to cause Ms. Lien’s leg to be broken.
c. Hung’s motorbike is temporarily confiscated for a moth due to the accident he
caused.
d. Hung transferred his motorbike to Van.
Explain: Article 237, Civil Code 2015

22. “The Owner is entitled to reclaim property from an unlawful possessor or a bona fide
possessor”.
a. Pursuant to the Civil Code 2015, the above statement is correct.
b. Pursuant to the Civil Code 2015, the above statement is absolutely incorrect.
c. Pursuant to the Civil Code 2015, the above statement is incorrect because the bona fide
possessor has statutory rights similar to the owner’s in cases unable to determine the
owner.
d. Pursuant to the Civil Code 2015, the above statement is correct except
circumstances where a bona fide possessor possesses or enjoys benefits in an overt
and continuous manner for 10 years with respect to a movable property or 30 years
with respect to an immovable property.
Explain: Article 166, 236, Civil Code 2015

23. Phong stole a motorbike of man and sold it to Xuan An at a price VND$9 million. When
selling to Xuan An, he said, “This motorbike was bought to me from my sister three years
ago at a price VND$ 10 million. I want to sell it now because I want to buy a new scooter
instead. However, I lost the motorbike license one year ago and not be able to give you any
 license or paper of the motorbike. That is why I sold you at a cheap price”. Xuan An’s
possession can be considered:
a. Lawful possession because Phong sold it to him, he did not steal it.
b. Lawful possession because Xuan An did not know and might not have known about the
fact that it was the stolen property.
c. A bona fide possession and not in a good faith because Xuan An should have known
and might have been doubt the original of the motorbike.
d. A bona fide possession but in a good faith because the bike was stolen and Xuan An did
not know or might not have known about the fact that the motorbike is the stolen
property.
Explain: Article 181, Civil Code 2015

24. Chau stole a phone from Hien and sold it to Phuong at a market price, VND 3 million. When
Chau sold it to Phuong, he said, “This normal phone was my birthday gift from my sister one
year ago. I want to sell it now because I want to buy a smartphone instead.”
Choose the most appropriate statement among the ones below regarding Phuong’s possession
according to Vietnamese the Civil Code 2015:
a. Phuong has possessed the phone lawfully because Chau gave it to her. The fact is that she
did not steal it from Hien.
b. Phuong has possessed the phone lawfully because she did not know and might not have
known about the fact that it was the stolen property.
c. Phuong has possessed the phone unlawfully but in a good faith because Phuong did
not know and might not have known about the fact that the phone was a stolen
property.
d. Phuong has possessed the phone unlawfully because that phone is stolen property.
Explain: Article 180, Civil Code 2015

25. According to the Civil code 2015, which of the following is NOT a civil transaction?
a. Linh agreed to sell Quynh her law book after she passed the Introduction to Vietnamese
Legal System and Quynh agreed to buy that book.
b. Thuy and Bao agreed to leave their car to their son, Atticus, when they pass away.
c. Peter discussed with his wife about saving US$ 1,000 a month beginning from the
birth of their son
d. Phong presented a diamond ring to his beloved girlfriend.

26. Which of the following has made a civil transaction invalid?

a. Persons participating in the transaction have capacity for civil acts.
b. Objective and contents of the transaction are not contrary to the law or social morals.
c. Persons participating in the transaction act entirely voluntarily.
d. None of the above
27. An offer must satisfy which of the following conditions:
a. A clear expression by the offeror of its intention to enter into the contract and to be bound
on this offer.
b. The offeree knows or is aware of the offer to enter into the contract.
c. If the offeree is an individual, the offer must be delivered to the place of residence, or to
the headquarters, if the offeree is a legal person.
d. The offeree received the offer via email or fax.
e. All of the above
f. None of the above

28. Which of the following scenarios establishes an offer?

a. “Mi, I would consider selling you my iPad for VND 10 million.”
b. While alone in her own room, Dung says clearly and loudly, “I offer to sell Khanh my
iPad for VND 10 million”. In fact, Dung has planned to sell her iPad to Khanh.
c. Dung says to Khanh, one of her good friends, “I will sell you my iPad for VND$ 10
million.”
d. None of the above

29. In relation to the contract section of the Civil Code 2015, which of the following statements
is TRUE?
a. Once issued, an offer can be withdrawn
b. To be capable of acceptance, an offer must be issued in writing
c. Silence by the recipient of an offer can never be regarded as acceptance
d. Where an offeror has specified a time-limit for reply, a reply accepting shall only be
effective if it is made within that time-limit. If the offeror receives an acceptance
after the time-limit has expired, such acceptance shall be deemed to be a new offer
from the party which is late in replying.

30. Which of the following best describes an acceptance?

a. An act that is dangerous to the society, and is stipulated in the Criminal Code
b. A request to enter into a contract given to an offeree by an offeror
c. A response to the offer of the offeree confirming that he/she shall enter into the
contract
d. An agreement between the employee and the employer on the paid job, work conditions
and rights and obligations of each party in the labor relation

31. When will an oral contract come into effect?

a. At the time at which the a party has made an offer to the other party on the contents of the
contract
 b. At the time at which the parties have agreed on the contents of the contract
c. At the time at which the a party has listened what the other party said about the contract
d. At the time at which the a party has paid for the contract

32. Which of the following is incorrect about formalities for civil contract?
a. An oral contract
b. A written contract
c. A contract established by a specific act
d. All of the above

33. Which of the following is NOT considered as a valid civil contract?

a. Quynh gave her pen to My and received VND $50.000 from My.
b. Quynh and My have a written contract to buy Thy’s motorbike
c. Quynh proposed My to come over her house on weekend to clean her house and then
receive VND$ 100k/hour. My came over to Quynh’s house on Saturday morning to clean
her house, do the laundry and wash the dishes.
d. Quynh agreed to buy My’s house and My agreed to sell her house to Quynh.
Explain: Contracts on real estate must be in written form.

34. A car store offered to sell a beautiful Ford car for $25,000 on September 20, 2016 provided
that the car will be picked up at the car store and the buyer is required to pay within 10 days
since accepting the offer. Ryan likes that car very much and decided that he wanted to
purchase it. Therefore, he wrote to store owner, “I have decided to purchase the car. A check
for $25,000 is enclosed. However, I am leaving for Vietnam for a month, so I will pick up the
car at your store when I return to the country in November. I will also pay you to store the
car in your warehouse until then.”
What is Ryan’s letter?
a. Rejection
b. Counteroffer (a new offer)
c. Acceptance, and the owner must store the car
d. Acceptance, but the owner does not have to store the car unless he agrees to do so.

35. Who of the following must bear liability for compensation for non-contractual damages?
a. A 12 – year old boy took his father motorbike’s key and hit a pedestrian in a small alley
near his house while driving his father motorbike.
b. A 16 – year old pupil hit a pedestrian while driving her bike after school.
c. A taxi driver who passed a red light hit a pedestrian nearby.
d. A person, who is suffering from mental illness run into a street, hit a pedestrian and cause
a broken arm for that pedestrian.
36. Heirs at law include:
a. Persons named in the will
b. Persons following to the order of priority of inheritance
c. Wife, husband, parents and children of the testator
d. Persons who are biological relatives within three generations of the testator

37. To which circumstance, inheritance at law will be applied?

a. Mr. X has a will to leave his assets for his wife and all of his sons and daughters
b. Mr. X’s will was proved that it was invalid because by the time his will signed in HCM,
he was admitted in a hospital in New York
c. Mr. X established a will to leave his assets for his mom 05 years ago. Unfortunately, his
mom died last year and in March 2017, he passed away without establishing a new will.
d. Mr. X had a will to leave his assets for his wife. In September 2016, he passed away. His
wife, however, refused to receive all of his assets.
e. All of the above
f. b, c and d
g. c and d

38. According to the Civil Code 2005, formalities of a will include:

a. Oral wills where a person is likely to die due to illness or any other reason
b. Unwitnessed written wills or witnessed written wills
c. Notarized wills or certified wills
d. All of the above

39. Which of the following is a will/testament?

a. A person expressed that she will leave all of her property to her husband since the date
she made the expression.
b. A person expressed that she wants her husband to take care of their youngest child when
she passes away.
c. A person expressed that she will leave all of her property to her husband after she
passes away.
d. All of above

40. According to the Civil Code 2015, who can make a will by themselves?
a. An individual who is 16 years old
b. An individual who is full 18 years old but deaf
c. An individual who is 20 years old but has down syndrome
d. None of above

41. According to the Civil Code 2015, what are NOT classified as inherited property/estate?
 a. Mr.Nam’s car which was inherited from his father
b. House of Mr. Nam and his wife
c. A Vietlot lottery ticket that Mr.Nam’s wife bought yesterday
d. All of Mr.Nam’s cash valued 100 million VND
e. Mr.Nam’s insurance contract valued 200 million by the time he passed away
f. Mr.Nam’s own dog
Answer: c
Explain: Lottery is considered as a property if it’s a winning lottery (valuable
paper)

42. According to the Civil Code 2015, which of the following statements is NOT CORRECT?
a. A will/testament must always be made in written form.
b. An illiterate person’s will/testament must be made in written form by witnesses.
c. An estate leaver’s minor children, father, mother, husband/wife and adult children
without working capacity shall still be inherited the estate even though the estate leaver
doesn’t express his/her intention to bequeath his/her property to them in his/her lawful
will.
d. Any person may act as a witness to the making of a will except persons who are heirs of
the testator under the will or at law, or persons with property rights or obligations which
relate to the will, and persons under 18 years old but do not have the capacity for civil
acts.
Answer: a, b
Explain: Article 630, 632, 644, Civil Code 2015

43. “A lawful will must be made in writing”. This statement is INCORRECT because pursuant
to the Civil Code 2015:
a. A will should be made in writing but if it is not possible to make a will in writing, it may
be made orally.
b. No matter what the formalities of the wills are, wills are lawful when (i) the testator was
of sound mind when he/she made the will; (ii) he/she was not deceived or threatened in
making the will against their wishes; and (iii) the contents of the will are not contrary to
law or social morals.
c. In cases where a person is likely to die due to serious illness or any other reasons which
prevent him/her from making a written will, he/she may make an oral will before at least
two witnesses.
d. All of the above reasons are correct.

44. Mr. Kim and Mrs. Hoa have 2 children: Hong and Hoang. Hoang has been mental disability
since he was young. Mr. Kim passed away last month. His testament specified that the
property would be given to Hong. Who will be eligible for receiving his assets?
 a. Hong
b. Hong and Hoang
c. Hoa and Hong
d. Hoa, Hong and Hoang

45. In situations where a child of a testator died prior to or at the same time as the testator, the
grandchildren of the testator shall inherit that part of the property which their father/mother
would have been entitled to inherit had their father or mother still been alive. Heirs in such
situations are called:
a. Heirs at law
b. Heirs under wills
c. Succeeding heirs
d. Appointed heirs

46. “Notarized wills by the competent authorities have much higher legal validity than the other
types of wills.”
The above statement is:
a. True, because the Civil Code includes this rule.
b. False, because all types of will have the equal validity in accordance with the Civil
Code.

47. If husband get married with a new person, he will not be entitled to inherit property of his
deceased wife.
a. The above statement is correct because the Civil Code 2015 does not govern the above
circumstance.
b. The above statement is incorrect because if at the time when his wife died and if
they are still in marriage, the husband then would inherit his wife’s property.
Explain: Article 655, Civil Code 2015

Case study 01:

On 10th March 2013, Tuan offered to sell his farm in Binh Duong to Trong for 1.2 billion dong
and also stated clearly that Trong had seven days to think about this. On 15th March 2013, Trong
refused to buy the farm because he thought the farm was quite expensive. On 1st April 2013, Tuan
texted Trong offering to sell the farm for 1 billion dong and stated that it was the final offer and
Trong must give him an answer before 5th April 2013. On 2nd April 2013, Trong texted Tuan that
he agreed to buy the farm if Tuan could discount 50 million dong. After 2 days not hearing
anything from Tuan, on 4th April 2013 Trong texted Tuan that he revoked the text on 2nd April
2013, and agreed to buy the farm for 1 billion dong as offered by Tuan. On 4th April 2013, Tuan
replied to the text that he already sold the farm to his aunt on 3rd April 2013.
48. According to the Civil Code 2015, which of the following statements about the text on 2nd
April 2013 is correct?
a. It is an acceptance
b. It is a partially valid acceptance
c. It is an offer
d. None of above

49. According to the civil code 2015, which of the following statements on Trong’s text on 4th
April 2013 is correct?
a. Trong can revoke the text on 2nd April 2013 because the notice on revocation of the
acceptance arrived before Tuan replies.
b. Trong can revoke the text on 2nd April 2013 because the notice on revocation of the offer
arrived before Tuan’s replies
c. Trong cannot revoke the text on 2nd April 2013 because a notice on revocation of Tuan’s
acceptance must have arrived before or at the same time Tuan received the reply of
acceptance.
d. Trong cannot revoke the text on 2nd April 2013 because a notice on revocation of an
offer must have arrived before or at the same time Tuan receives the offer.

Case study 02:

Mr. Tan and his wife, Mrs. Lan are living in Ho Chi Minh City. Their total common asset is 4.8
billion Vietnamese Dong. They have 3 children who are Hung (older son, 23 years old), Song
(younger son, full 18 years old) and Lan Anh (youngest daughter, 12 years old). In early 2015, he
wrote a testament in which he stated that he would leave all of his property to Hung, his older son.
50. In this case, who are the heirs independent from the testament?
a. Mrs. Lan and Lan Anh
b. Mrs. Lan, Song and Lan Anh
c. Lan Anh
d. No one

51. How much each of the independent heirs shall receive?

a. 800 million Vietnamese Dong
b. 400 million Vietnamese Dong
c. 1,2 billion Vietnamese Dong
d. 300 million Vietnamese Dong
Explain:
- Mr. Tan’s asset = 4.8 billion/ 2 = 2.4 billion
- Inherited portion at law = 2.4 billion/ 4 = 600 million
- Amount each independent heir receives = 600 million x 2/3 = 400 million
Case study 03: Mr. Duong died without a will. His family includes: his father, his wife, his
biological daughter Nhung, his adoptive daughter Huong (10 years old), his step son Nam (8
years old) who has lived with his grandma since 02 years old, his brother Vuong, and his nephew
Hoang (Vuong’s son). Joint property between Duong and his wife is VND 2 billion. He owned
his friend, Thanh, VND 202 million and has not paid back yet. Duong's mom died in 2010 and he
received an inherited estate equivalent to VND 150 million.

52. Who are Mr. Duong’s heirs at law?

a. His father, his wife, Nhung, Huong, Nam and Vuong.
b. His father, his wife, Nhung, Huong, Nam
c. His wife, Nhung, Huong, Nam
d. His father, his wife, Nhung, Huong

53. How much in total is the value of the inherited property of Mr. Duong ?
a. VND$ 1.15 billion
b. VND$ 948 million
c. VND$ 798 million
d. VND$ 150 million
Explain:
Total inherited property = 2000 million/ 2 – 202 million + 150 million = 948 million

54. How much will each heir at law of Mr. Duong receive?
a. VND$ 190 million
b. VND$ 200 million
c. VND$ 230 million
d. VND$ 237 million
Explain:
Amount each heir at law receives = 948 million/ 4 = 237 million

55. Assuming now that Mr. Duong has a will to leave all of his property to Nhung and Huong,
who are heirs independent from contents of testaments under this circumstance?
a. Nam
b. His mom
c. His father and his wife
d. His wife

56. How much will each heir under will of Mr. Duong receive under the circumstance
mentioned in the question 30?
a. VND $237 million
b. VND $316 million
 c. His father receives VND $ 474 million and his wife receives VND $ 158 million
d. His father receives VND $ 158 million and his wife receives VND $ 474 million
Explain:
- Inherited portion at law = 948 million/ 4 = 237 million
- Amount each independent heir receives = 237 million x 2/3 = 158 million
- Amount left for heir under will = 948 – 158 x 2 = 632 million
- Amount each heir under will receive = 632 million/2 = 316 million

57. Assuming that Nam had lived with Duong and his wife since he was 02 years old, would he
be listed as one of heirs at law of Duong?
a. Yes
b. No
Explain: Article 654, Civil Code 2015

Case study 04: M received a price notice of 10 000 MT Urea sent from B, a company in UK.
According to the notice, each MT urea will cost 220 USD under C&F terms. It was also stated
clearly that the notice will be valid until 30th March 2009.
On 29th March 2009, B received a faxed acceptance to the offer from M.
58. M gave the acceptance to the offer on 29th March 2009 but wanted to change the terms
relating to the carriage of goods to CIF instead of C&F. Is the acceptance valid?
Answer: No. It’s a new offer.

59. If B informed M that they agreed to sell M 10 000 MT Urea but they adjusted the price to
230 USD/MT under C&F terms. Can B adjust the price?
Answer: No. Modification must be made before/ simultaneously with the time of M’s
receiving the offer.

60. On 30th March 2009, B received a message sent from M to inform of the cancellation on its
acceptance. Can M cancel its acceptance?
Answer: No. Cancellation must be made before/ simultaneously with the time B
receives the acceptance.

Case study 05: Phong and Anh have 5 children including Huong (45 years old), Hoa (42 years
old), Thuong (36 years old), Ngoc (35 years old) and Minh (55 years old). Minh got married with
Thuy and has 4 children including Vy (30 years old), Van, (20 years old), Kieu (17 years old)
and Loc (5 years old).
In 2003, Minh drove Anh to visit her sister and had an accident. Both of them passed away at the
same time.
Divide inheriting property in the above case if Phong and Anh have 3 billion dong as a common
property between husband and wife while the common property between Minh and Thuy was 10
billion dong.
Answer:
- Total inherited property from Anh = 3 billion /2 = 1.5 billion.
- Heirs of Anh: Phong, Huong, Hoa, Thuong, Ngoc, Minh’s children
- Amount each heir of Anh receive: Phong = Huong = Hoa = Thuong = Ngoc = Minh’s
children (as Minh dies at the same time of Anh) = 1.5 billion/6 = 0.25 billion = 250
million

- Total inherited property from Minh = 10 billion/ 2 = 5 billion

- Heirs of Minh: Phong, Thuy, Vy, Van, Kieu, Loc
- Amount each heir of Minh receive:
- Thuy = Phong = Vy = Van = Kieu = Loc = 5 billion/6 = 5/6 billion

Conclusion:
- Phong = 0.25 + 5/6 = 1.083 billion
- Huong = Hoa = Thuong = Ngoc = 250 million
- Thuy = 5/6 billion = 833 million
- Vy = Van = Kieu = Loc = 5/6 + 0.25/4 = 895.83 million

LABOR LAW 2012

1. Which of the following is a FALSE statement?
a. Labor law in Vietnam regulates the State management of labor and refers to the rules
applicable to the relationship between an employer and an employee.
b. Labor law in Vietnam is applicable to relationships based on labor contracts.
c. Vietnamese labor law does not govern the labor relationship of governmental officials,
elected and appointed officials, members of units of the people’s armed forces and police
forces and the like.
d. Vietnamese labor law applies to all individuals working in Vietnam or in other
countries.

2. Under Vietnamese Labor Code 2012, an employee means a person at least 15 years of age,
capable of working, working under labor contracts, receiving salaries and subject to the
management of the employers:
a. This definition applies only to Vietnamese employees
b. This definition applies only to non-Vietnamese employees
c. This definition applies to both Vietnamese employees and foreign
d. This definition applies to an independent contractor
3. Which of the following is an employment contract?
a. Nhu is working at Cao Viet company as a full-time administrative officer.
b. A security guard assigned to work at IU under a contract between IU and Hoang Gia
company.
c. Nam works as a CEO at Him Lam group
d. Everyday, Huong sews 100 pairs of shoes for a Korean company at home.
Answer: a, c

4. Tuan is a governmental official working at Department of Justice in Ho Chi Minh City. In

December 2014, Tuan hires Son to paint his apartment under an agreement with following
main conditions: VND $10 million for painting the whole apartment, Son can work whenever
he wants providing that his work must be done within 10 days. Although Tuan has selected
the color and types of pain that will be used, Tuan will not supervise Son’s work every day.
Tuan does not need Son to report his work every day or comply with any internal labor rules
either. The agreement is in writing.
a. The relation between Tuan and Son is a labor relation according to Vietnamese Labor
Code 2012.
b. The relation between Tuan and Son is an administrative relation governed by Vietnamese
relevant laws and regulations.
c. The relation between Tuan and Son is a relation between an independent contractor
and a hirer and the agreement between Tuan and Son is governed by the
Vietnamese Civil Code 2015.
d. The relation between Tuan and Son is a working relation between a governmental official
with his staff.

5. Which of the following are employee’s rights?

a. Choose works independently based on his/her wish
b. Perform the labor contract
c. Receive work protection, work in safe and hygienic conditions; take official leave, paid
annual leave and enjoy collective benefits
d. Complying with the labor discipline, labor regulations and obey the lawful management
of the employer
e. Establish, join and participate in activities of the Union
f. Unilaterally terminate the labor contract as prescribed by law
g. Be on strike
h. Contributing partially to social insurance, health insurance and unemployment insurance
where applicable
Answer: a, c, e, f, g
Explain: Article 5.1, Labor Code 2012
6. Which of the following are employer’ rights?
a. Employ, arrange and manage labor according to the demand for production and business
b. Perform the labor contract, collective labor agreement and other agreements with
employees, respect the honor and dignity of employees
c. Participate in settling labor disputes and strikes, discuss with the Union about the
problem in labor relations
d. Establish the mechanism and discuss with the labor collective at the enterprise and
strictly comply with the internal democratic regulations
e. Temporarily shut down the workplace
f. Declare the employment within 30 days as from starting the operation
g. Contributing partially to social insurance, health insurance and unemployment insurance
where applicable
Answer: a, c, e
Explain: Article 6.1, Labor Code 2012

7. What type of labour contract that does not need to be in writing:

a. Labour contract for indefinite term
b. Labour contract for definite term (from 12 months to 36 months)
c. Labor contract for temporary jobs with terms under 03 months
d. All are correct

8. In case the employee is from 15 to 18 years old, the labor contract must be agreed by the
legal representative of the employee
a. That statement is correct based on the Labor Law 2012
b. That statement is correct based on the Civil Code 2005
c. That statement is incorrect
d. That statement is neither mentioned in Labor Law nor Civil Code

9. Which of the following are not employers permitted to do?

a. Employers are not permitted to keep any identification cards and qualifications of
employees when performing and signing labor contracts.
b. Requesting the employee to mortgage cash or property for the labor contract
performance.
c. Hiring a non-Vietnamese citizen without a work permit to work in Vietnam.
d. All of above
Explain: Article 20, 171, Labor Code 2012

10. According to the Labor Code 2012, which of the following is a fixed term labour contract?
a. Chubb Life company employs Tung for 10 months
b. Chubb Life company employs Khanh for 24 months
 c. Chubb Life company employs Mi for 60 months
d. Chubb Life company employs Quynh as an intern for two months

11. “If the new labor contract is a definite term, the parties may only sign one additional conract.
If both parties thereafter decide to renew the labor contract, an indefinite term labor contract
must be signed”. Choose the most appropriate answer of the following:
a. The above statement is incorrect because the Civil Code 2005 does not include this
provision.
b. The above statement is correct providing that both parties agree to enter into an indefinite
contract.
c. The above statement means that fixed-term contract cannot be signed over two
consecutive times and both employer and employee must sign an indefinite-term
contract for the 3rd consecutive contract.
d. The above statement means that the employer must comply with the former contract and
should reward the employee’s contribution by signing an indefinite-term contract for the
3rd consecutive contract.

12. For works that demand college education or further, the probation duration must not exceed:
a. 15 days
b. 30 days
c. 45 days
d. 60 days
Explain: Article 27, Labor Code 2012

13. Which of the following is NOT CORRECT?

a. During the probation, each party is entitled to terminate the probation without prior notice
and without compensation if the probation fails to satisfy the requirements agreed by both
parties.
b. If the probation is passed, the employer must conclude the labor contract with the employee
c. The employee’s salary during the probation is agreed by both parties but must be at
least 75% of the official salary
d. The employees working under casual labor contract do not have to undergo probation.
Explain: Article 28, Labor Code 2012

14. Which of the following is NOT CORRECT?

The employer is entitled to temporarily transfer the employee to do work other than in the
labor contract within 60 cumulative working days in a year if:
a. Notify the employee in advance at least 03 days
b. Upon sudden difficulties from natural disasters, fire, epidemics, from the implementation
of preventive and remedial measures for occupational accidents and occupational illness
 c. If the new work salary is lower than that of the old one, the old salary is kept within 30
working days
d. The new work salary must not be lower than the local minimum salary prescribed by
the Government
Explain: Article 31, Labor Code 2012

15. Which of the following is NOT CORRECT?

a. Employees can work overtime upon agreement with employers but no more than 4 hours
per day
b. Employees must have at least half an hour resting for 8 consecutive working hours
c. The employee’s salary during the probation is agreed by both parties but must be at
least 75% of the official salary
d. Employee working at night shall be additionally paid at least 30% of the salary calculated
by the salary unit price or the work salary under a normal working day.
Explain: Article 28, Labor Code 2012

16. When unilaterally terminating the labor contract with indefinite term, the employer must
notify the employee:
a. At least 45 days in advance
b. At least 30 days in advance
c. At least 15 days in advance
d. At least 60 days in advance

17. An employment contract can be terminated by:

a. The employer without any good cause
b. The employee as its wish
c. Mutual agreement of the parties
d. Any of the above

18. If the employee terminates labor contract unlawfully, how much is the compensation that the
employee must pay to the employer?
a. 1 month wage
b. Half of monthly wage
c. 2 months wage
d. Up to agreement

19. When the employer illegally unilaterally terminating the labor contract, the employer must:
a. Re-employing the employee under the concluded labor contract
b. Pay the salary of at least 02 months under the labor contract
 c. Pay the salary, social insurance, medical insurance for the days the employee is banned
from working
d. Re-employing the employee under the concluded labor contract and pay the salary,
social insurance, medical insurance for the days the employee is banned from working
plus the salary of at least 02 months under the labor contract

20. The Legal grounds for an employer to unilaterally terminate a labor contract are:
a. Both parties agreed to terminate labor contract on notice or at will and such mutual
agreement was stipulated in the labor contract.
b. Because of the employee’s age.
c. Poor working performance issues, prolonged illness, a force majeure event, or
winding up of the company.
d. When employee commits an act of gross misconduct, such as theft, embezzlement,
disclosure of business or technology secrets, or repeatedly commit acts in violation of the
employers’ work rules or policies.
Explain: Article 38, Labor Code 2012

21. Which of the following is correct pursuant to the Labor Code 2012?
a. Employer is not permitted to terminate contract when employees are sick, on all kinds of
leave, or female employees in cases of pregnancy, maternity leave, and fostering child
under 12 months.
b. If the employer is unable to offer new jobs when restricting, changing of technology and
must reduce/retrench the number of employees, the employer can terminate the labor
contract and pay redundancy allowances to the retrenched employees.
c. If an employee terminates a labor contract illegally, he/she will not be entitled to a
severance allowance.
d. All of the above are correct

22. According to the Labor Code 2012, employers can unilaterally terminate employment
contracts in the case of_________________________________.
a. Employees come to work late 10 minutes every day.
b. Employees steal money from their colleagues.
c. Employees regularly fail to complete their assigned work.
d. All of above
Explain: Article 38, Labor Code 2012

23. When the employer have to reduce the production and vacancies after taking all measures to
overcome consequences due to force majeure events (fire, natural disaster, etc.) or due to
changes in technology, operational mechanism, the employer must pay the employees who
lose their job:
 a. Severance pay
b. Redundancy pay
c. Unemployment pay
d. Nothing

24. Severance pay is calculated as:

a. A half- month salary for each working year excluding the time the employee has taken
the unemployment insurance as prescribed in the Law on Social insurance
b. One month salary for each working year after excluding the time the employee has taken
the unemployment insurance as prescribed in the Law on Social insurance
c. Two month salary for each working year after excluding the time the employee has taken
the unemployment insurance as prescribed in the Law on Social insurance
d. Three month salary for each working year after excluding the time the employee has taken
the unemployment insurance as prescribed in the Law on Social insurance

25. Dung had worked for Ngoc since January 2000. Due to his family reason, he unilaterally
terminated the contract with Ngoc in January 2015. Dung’s average salary for the last 6
months was VND 8 million/month. He had also paid the unemployment insurance since
January 2009. Please advise what kind of support/pay that Ngoc must pay Dung and how
much he would receive?
a. Ngoc shall pay him severance pay/allowance and Dung would receive VND 36 million
b. Ngoc shall pay him severance pay/allowance and Dung would receive VND 32 million
c. Ngoc shall pay him severance pay/allowance and Dung would receive VND 64 million
d. Ngoc shall pay him nothing
Explain:
Working time = 15 years & Lawful termination (family reason) => Severance pay
Severance pay = (15-6) x 8 million/2 = 36 million VND

26. Which of the following is/are obligations of the employer when terminating the labor
contract
a. Notify the employee in writing at least 15 days before the expiry date of the fixed-term
labor contract
b. Within 07 working days as from terminating the labor contract, both parties are responsible
to fully pay the amounts related to each party’s interests
c. Complete the procedures for certifying and returning the social insurance book and other
papers of the employee that have been kept by the employer.
d. All of the above
Explain: Article 47, Labor Code 2012

27. How is working hour at night calculated?

 a. From 21PM to 5AM of the following day
b. From 22PM to 6AM of the following day
c. From 23PM to 7AM of the following day
d. From 24PM to 8AM of the following day
Explain: Article 105, Labor Code 2012

28. Employee works overtime on weekends to get paid:

a. At least 150% on regular salary
b. At least 200% on regular salary
c. At least 250% on regular salary
d. At least 300% on regular salary
Explain: Article 97, Labor Code 2012

29. Mr. A monthly salary is VND 17, 600,000 for 22 working days. In April this year, he works
28 overtime hours of which: 4 hours at night on weekdays, 20 hours at weekends and 4 hours
on national holidays. How much will he be paid in April?
Answer: VND 23,600,000
Explain:
- Hourly salary = VND 17,600,000/ (22 x 8) = VND 100,000/ hour
- Overtime salary:
o 4 hours at night on weekdays: 4 x 200% x VND 100,000 = VND 800,000
o 20 hours at weekend: 20 x 200% x VND 100,000 = VND 4,000,000
o 4 hours on national holidays: 4 x 300% x VND 100,000 = VND 1,200,000
- Total salary = 17,600,000 + 800,000 + 4,000,000 + 1,200,000 = VND 23,600,000

30. In the relationship between an employee and employer, salary is stipulated based on:
a. The offer of the employee
b. The decision of the employer
c. The mutual agreement between the employee and employer in accord with relevant
labor laws and regulations
d. Only relevant labor laws and regulations

31. Choose the MOST INCORRECT sentence regarding social insurance and health insurance
under the labor law and relevant regulations in Vietnam
a. Health insurance applies to both Vietnamese and expatriate (foreign) working in Vietnam
while social insurance applied to only Vietnamese working in Vietnam.
b. The benefits of social insurance and health insurance are paid to employees by the
employer.
 c. The compulsory social insurance provides following main benefits: sick allowance,
maternity allowance, allowance for work-related accident and occupational illness,
pension/retirement and survivorship (mortality) allowances.
d. The unemployment allowance will be paid by the Social Insurance Fund from 3 to 12
months depending on the total time that the unemployment insurance has been paid prior
to unemployment.

32. Which of the following is NOT a kind benefit of social insurance:

a. Sick leave
b. Maternity leave
c. Accident at work place
d. Life insurance

33. Dismissal is possible only in the circumstances which must be specified as grounds for
dismissal in the Internal Labor Rule EXCEPT which of the following circumstances:
a. The employee steals, embezzles, gambles, or is deliberately violent and the violence
causes injury, discloses business or technological secrets, or infringes the intellectual
rights of the employer.
b. The employee takes an aggregate of 5 days off in 1 month or an aggregate of 20 days off
in 1 year without the employer’s permission and without plausible reason.
c. The employee fails to perform work or force majeure.
d. The employee causes serious damage or threatens to cause particularly serious damage to
the assets or well-being of the employer.
Explain: Article 126, Labor Code 2012

34. According to the Labor Code 2012, which of the following is not a disciplinary measure
which can be applied in case of violations of labour discipline?
a. Reprimand
b. Applying fine or salary cutting
c. Demotion
d. Firing (Dismissal)
Explain: Article 125, Labor Code 2012

35. Labor dispute in Vietnam must be resolved by the following order: (i) negotiation; (ii)
conciliation/mediation/arbitration council; then (iii) court’s judgment or strike EXCEPT
which of the following circumstances:
a. Disputes involving individual’s benefits/ breach the labor law of any side.
b. Disputes on dismissal or unilateral termination of a labor contract may be resolved
by the court without the need to first attempt resolution through a labor mediator.
 c. Disputes involving employees’ rights regarding the implementation of labor laws, and the
Collective Labor Agreement.
d. Disputes involving employees’ benefits regarding new benefit, better labor conditions
(i.e.: salary, bonus, working time, i.e.).
Explain: Article 201, Labor Code 2012

36. Tam (T) has concluded an indefinite employment contract with Bourbon Company (“BB”)
since 2000. During February 2015, he had come to work late and went home early for many
times, T was warned by BB with a warning letter. Also in February, he stayed at home 4 days
in a row without notice to BB. BB asked him to report about this matter but he replied there
was nothing to report. BB wanted to dismiss him. Please advise whether the company can
dismiss him?
a. BB can dismiss him because he violated the labor rules for two times
b. BB can dismiss him because he violated the labor rules for two times and did not report for
his violation
c. BB cannot dismiss him despite the fact that he violated the labor rules for two times
but not for repetition of the same violations
d. BB cannot dismiss him because he did not want to terminate the contract.
Explain: Article 126, Labor Code 2012

Case study A:

37. Ngoc (N) is an employee of Thanh Hoa Company (TH). N’s salary for the year of 2014 is
VND 10,000,000 per month. Choose the most appropriate answer for each of the questions
below:

I. The amount that must be deducted from N’s December 2014 salary to pay social insurance,
health insurance and unemployment insurance is:
a. VND 1,050,000
b. VND850,000
c. VND700,000
d. None of the above
Explain: Amount deducted = 10,000,000 x 10.5% = VND 1,050,000

II. Assuming that N does not have to pay income tax. The amount that TH has to spend for
N’s employment in December 2014 is:
a. VND11,700,000
b. VND12,200,000
c. VND11,900,000
d. None of the above
 Explain:
Amount spent for employment = 10,000,000 + 10,000,000 x 22% = VND 12,200,000

III. N plans to study abroad and wants to terminate her employment with TH from January 1,
2015. N sends a resignation letter to TH on October 2014. She is working at TH under an
indefinite term employemment contract. She has been working for TH since June 1, 2000.
She has paid unemployement insurance since January 1, 2009. The amount that TH has to
pay to N as severance allowance is:
a. VND 36,000,000
b. VND 50,000,000
c. VND 45,000,000
d. None of the above
Explain: Severance pay = (14.5 – 6) x VND 10,000,000/2 = VND 42,500,000

Case study B:
Duck Meat Company, a limited liability company located in Binh Duong province, had hired Tuan
as a full-time technician (herein called “Contract 2007”) and signed a two-year contract with him
on January 01, 2007. In 2009, Duck Meat Company renewed the contract for Tuan with the
working period extending from January 01, 2009 to the end of 2011 (herein called “Contract
2009”).
Before the expired date of the Contract 2009, Duck Meat Company renewed the third working
contract (herein called “Contract 2012”) without specifying the expired date of the contract. The
Contract 2012 includes following provisions:
- 08 working hours per day from 8am – 5pm from Monday to Friday.
- Tuan is required to comply with the Internal Labor Rule issued by Duck Meat
Company and he needs to report to his team leader every week.
- His duties and tasks are described in the Job Description attached to the Contract
2012 and he also supervised and managed by his team leader.
- Duck Meat Company agreed to pay all insurance applicable to Tuan.
- The working conditions and the rights and duties of both sides.
Choose the most correct answers for the questions below:
38. Determine criteria which Tuan is required to meet to be defined as an employee according to
the Labor Code 2012.
a. Tuan must be a person over 15 years of age, capable of working, and signing a labor
contract with Duck Meat Company.
b. Tuan must receive salary from Duck Meat Company and is subject to the management of
authorized persons of his company such as his team leader, his supervisor.
c. Tuan must meet all criteria mentioned in both a & b.
d. Tuan must meet all criteria mentioned in both a & b. In addition, Tuan must have a work
permit to work in Binh Duong province.
39. According to the Labor Code 2012, Contract 2012 is which type of contract?
a. A contract between an independent contractor and a company
b. A contract for specific or seasonal job- lasting fewer than 12 months
c. A definite term labor contract
d. An indefinite term labor contract

40. Which of the following are categorized as statutory compensation and benefits that Tuan
would receive since 2012?
a. Salary, bonuses & incentive, working hours and overtime payments
b. Annual leave, sick leave, maternity leave
c. Sick allowance, maternity allowance, allowance for labor accident, unemployment
allowances
d. All of the above

41. In case there is a labor disputes between Tuan and Duck Meat Company, it can only be
settled by:
a. Labor court
b. The President of the Peoples’ Council of the district where the dispute arises
c. Labor conciliation
d. Depend on types of labor dispute

42. One day back in the summer 2013, Duck Meat Company’s turnover of goods had sharply
decreased due to strong competition in the market. Therefore, it planned to downsize its labor
force. Being afraid of being dismissed, Tuan came to a lawyer to seek legal advice to protect
his benefits if Duck Meat Company terminated his contract. The lawyer told him not to
worry because the legal grounds for an employer to unilaterally terminate a labor contract
are:
a. Both parties agreed to terminate labor contract on notice or at will and such mutual
agreement was stipulated in the labor contract.
b. Because of the employee’s age and gender.
c. Poor working performance issues, prolonged illness, a force majeure event, or the
winding up of the company.
d. When employee commits misconduct, such as theft, embezzlement, disclosure of
business or technology secrets, or repeatedly violates the employers’ internal labor rules
or policies.

LAW ON ENTERPRISE 2014

1. Which of the following is an enterprise?
a. Viet Thai international joint stock company
 b. International University
c. Phuong Bakery
d. Airports corporation of Vietnam
Answer: a, d

2. How many private enterprises can an individual establish?

a. 1
b. 2
c. 3
d. Unlimited

3. How many private enterprises can a legal person establish?

a. 1
b. 2
c. 3
d. None of the above

4. Which of the following types of enterprises can issue shares?

a. Liability limited companies
b. Partnerships
c. Joint stock companies
d. Private enterprises

5. Which of the following type of enterprises does not have legal entity status:
a. Shareholding companies
b. Partnerships
c. Private enterprises
d. None of the above

6. The obligations of enterprises include:

a. Conducting business in compliance with all laws applicable to each enterprise
b. Paying business income tax and other statutory taxes
c. Ensuring rights and interests of employees in are accord with labor legislation
d. All of the above

7. What classes of shares that can be freely assigned?

a. Ordinary shares
b. Preference shares
c. Ordinary shares, preference shares except voting preference shares
d. Ordinary shares, preference shares except redeemable preference shares
8. A shareholding company shall have legal entity status when:
a. When all shareholders agree to establish a shareholder company
b. Be granted a business registration certificate
c. Submitting an application for company establishment
d. None of the above

9. What are the difference(s) between unlimited liability partner and limited liability partner:
a. Unlimited liability partner is liable for the company’s obligations to the extent of all
his or her assets when limited liability partner is only liable for the company’s
obligations to the extent of the amount of capital he/she has contributed to the
company.
b. Unlimited liability partner is entitled to manage and administer the partnerships while
limited liability partner is not.
c. Unlimited liability partner cannot be the owner of a private enterprise or an unlimited
liability partner of another partnership while limited liability partner can.
d. All of the above

10. The charter capital is:

a. The minimum amount of capital required by law for the business operation of an
enterprise.
b. The amount of capital contributed by the company’s members
c. The amount of capital that is contributed or committed to contribute within a fixed
duration by shareholders or members of a company respectively and is stated in the
company charter
d. The amount of capital is stipulated by the law

11. A Limited Liability Company and X Shareholdings Company have reached an agreement in
which each party shall contribute an equal amount of capital for the establishment of a new
enterprise which will operate in construction materials production and has its registered office
in HCMC. The type of such new enterprise shall be:
a. Shareholding company
b. Limited liability company with two or more members
c. Partnership
d. Private enterprise

12. According to the law on enterprises 2014, which type of enterprises can one individual
establish?
a. Single member limited liability companies and private enterprises
b. Partnership companies and private enterprises
 c. Joint stock companies and private enterprises
d. None of above

13. According to the law on enterprises 2014, which of the following enterprises can issue stocks?
a. Joint stock companies
b. Limited liability companies
c. Partnership companies
d. Both a and b

14. Which of the following obligations are NOT obligations of a limited liability partner?
a. To be liable for the debts and other property obligations of the partnership to the extent of
his or her contributed capital
b. Not to manage the partnership, not to conduct business activities in the name of the
partnership
c. To comply with the charter and internal rules of the partnership and the decisions of the
Partners’ Council
d. To be jointly liable to pay in full outstanding debts of the company in the case where
the assets of the company are insufficient for the discharge of its debts

15. Which of the following is NOT true about Joint Stock Companies?
a. Joint Stock Companies have a legal entity status
b. The minimum number of shareholders must be two; and there shall be no restriction
on the maximum number of shareholders
c. Joint Stock companies may issue all types of securities to raise funds
d. All of the above

16. According to the law on enterprises 2014, shareholders have the right to vote if they
hold____________________________.
a. Ordinary shares and voting preference shares
b. Dividend preference shares and redeemable preference shares
c. All of above
d. None of above

17. In which of the following groups of ENTERPRISE the owner will be liable for all business
activities by all of their assets?
a. Limited liability Company and Partnership
b. Private enterprise and Partnership
c. Business Household and Private Enterprise
d. Joint Stock Companies and Private Enterprise
---- Good Luck for Final!-----