BLquiz 10

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1. A According to Vietnamese law, if a law and the Constitution


are contrasted with each other, ( ).
a. The Constitution will prevail
b. The Law will prevail
c. Both of the Law and the Constitution will be terminated
d. Both of the Law and the Constitution will be applicable
together.

2. B In Vietnam, the Decree issued by the Government is ( ).


a. Beyond the law issued by the National Assembly and will
be followed by the law issued by the National Assembly
b. Below the law issued by the National Assembly and has
to follow the law issued by the National Assembly
c. The highest or beyond any law issued by the other state
bodies
d. The lowest or below any law issued by the other state
bodies

3. B In Vietnam, to solve a dispute, a court shall apply ( ).


a. A previous decision of its same-level court
b. Law contained in the written legal documents
c. Rules of court
d. A previous decision of the Vietnamese People's
Supreme Court

4. A Taken into consideration of jurisdiction, the court in Viet-


nam will look at ( )
a. Subject matter, court's level, geographic area, plaintiff's
choice
b. Geographic area, subject matter and Person involved
c. The place's residence of defendant, Subject matter, and
court's level
d. Court's level, Subject matter, and plaintiff's choice

5. D An accident happens in Hanoi, the place of residence of


parties involved is in Ho Chi Minh city, ( ).
a. The court in Hanoi will have jurisdiction over this case
b. The court in Ho Chi Minh city will have jurisdiction over
this case
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c. The People's Supreme Court will have jurisdiction over
this case
d. Both of court in Hanoi and Ho Chi Minh city have original
jurisdiction over this case by plaintiff's choice

6. B Mr. Nam's tree fell down on Mr. Trung's roof, in accordance


with the 2005 Civil Code of Vietnam, ( ).
a. Mr. Nam must be liable to pay a sum of money regard-
less of the damage occurring or not
b. Mr. Nam must be liable to compensate Mr. Trung for the
damage caused by the tree falling
c. Mr. Nam will be liable to compensate Mr. Trung for the
damage caused by the tree falling if Mr. Nam proves that
the tree falling is at Mr. Trung's fault

7. B According to the law of Vietnam, a legal entity must be


liable to compensate for damage caused by a person
belonging to it if ( ).
a. Such person causes damage during the employment
contract is valid
b. Such person causes damage during performance of
work assigned by the legal entity
c. Such person causes damage to the legal entity's cus-
tomers

8. A Under Vietnamese 2005 Civil Code, civil transactions due


to performance by minors or persons having lost their civil
act capacity or having had their civil act capacity restricted
will be treated as ( )
a. Voidable contract
b. Void contract
c. Valid contract
d. Valid agreement

9. A Under Vietnamese law, which of the following sentences


is right?
a. Principal contract is a contract which its effect does not
depend on the auxiliary contract
b. Principal contract is a contract which its effect depends
on the auxiliary contract
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c. Principal contract is a contract which its effect depends
on the bilateral contract
d. Principal contract is a contract which its effect depends
on the unilateral contract.

10. A In Viet Nam, contracts made by persons who are between


full six years old and under full eighteen years old must (
).
a. Have the consents of their representatives at law
when establishing and performing civil transactions, ex-
cept those transactions to meet their daily-life needs suit-
able to their age group or otherwise provided for by law
b. Have the consents of their representatives at law when
establishing and performing civil transactions in all cases
c. Have the consents of their friends
d. All of the choices: "Have the consents of their represen-
tatives at law when establishing and performing civil trans-
actions, except those transactions to meet their daily-life
needs suitable to their age group or otherwise provided for
by law"; "Have the consents of their representatives at law
when establishing and performing civil transactions in all
cases"; and "Have the consents of their friends".

11. B According to Vietnamese law, a person was drunk at the


time of having contracted, ( ).
a. He may ask the court to invalidate the contract at any
time
b. He may ask the court to invalidate the contract on the
ground that he was too drunk to understand and control
his conduct within time-limits of litigation.
c. He may not do anything to avoid the contract
d. He never invalidates the contract

12. A Pursuant to the Vietnamese law of contract, the obligor is


entitled to refuse to perform the obligations assigned from
the obligee to the assignee in case ( ) unless otherwise
agreed by the parties.
a. He is not prior notified of the assignment in writing
b. The assignment is not approved by him in advance

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c. The assignment is notified him but he does not approve
d. The assignment does not benefit the obligor

13. A In Vietnam, the contract for the third party's interest cannot
be revoked except in the case that ( ).
a. The third party agreed so.
b. If the third party is donee beneficiary
c. Two parties to a contract agreed to do so

14. D According to Vietnamese law, the contract for sale of


goods shall be terminated in case ( ).
a. The Seller performs the late delivery of goods
b. The Buyer breaches his payment obligation
c. The goods are destructed on the way to the Buyer's
store
d. It is unilaterally rescinded by the Seller/Buyer in the
event agreed in the contract

15. C According to Vietnamese law, one party to a contract may


unilaterally terminate the contract unilaterally when ( ).
a. Prohibited by Law
b. Banned by Law
c. Provided under contract that either of party is entitled to
do so
d. Agreed by court

16. C In Vietnam, if the contract is not impossible to perform on


the ground that subject matter of the contract no longer
exists, the parties to a contract may ( ).
a. Agree to make the contract invalid
b. Treat the contact voidable
c. Agree to substitute the subject matter of the contract
with another subject matter or to compensate for any
damage
d. Unilaterally terminate the contract

17. B In Vietnam, if both parties under Contract are not busi-


nessman and having contracted for life- needs. If, dispute
happens, court will employ ( ) to resolve the case.
a. The Commercial Law 2005
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b. The Civil Code 2005
c. The Enterprise Law 2005
d. The Civil Law 2005

18. A Under Vietnamese 2005 Commercial Law, if the purchase


and sale contract contains a clause on transportation of
the goods and the seller is not obliged to deliver the goods
at a certain location, then ( ).

a. The risk of loss or damage to the goods shall pass to


the purchaser when the goods have been handed over to
the initial carrier
b. The risk of loss or damage to the goods shall pass to the
purchaser before the goods have been handed over to the
initial carrier
c. The risk of loss or damage to the goods shall pass to the
purchaser at any time
d. None of The risk of loss or damage to the goods shall
pass to the purchaser when the goods have been handed
over to the initial carrier; The risk of loss or damage to the
goods shall pass to the purchaser before the goods have
been handed over to the initial carrier; and The risk of loss
or damage to the goods shall pass to the purchaser at any
time

19. C According to the 2005 Civil Code of Vietnam, the seller


shall be liable to compensate the consumption buyer for
the damage caused by the article sold to the buyer if ( ).
a. The damage occurs at any time within the period of
warranty
b. There is a technical defect in the article
c. The damage results from the technical defect in the
article during the period of warranty
d. The damage results from the defect in the article

20. C According to the 2005 Civil Code of Vietnam, in case the


article caused damage to the consumption buyer as a
result of technical defect of such article, he/she may ( )
during a period of warranty.

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a. Demand the seller to perform the obligation of warranty,
but must waiver the right to require the seller to compen-
sate for damage
b. Demand the seller to compensate for damage, but must
waiver the right to demand the seller to perform the oblig-
ation of warranty
c. Demand the seller to perform the obligation of warranty
and compensate for damage

21. C According to the law of Vietnam, ( ) shall be entitled to vote.


a. A shareholder who owns dividend preference shares
b. A shareholder who owns redeemable preference shares
c. A shareholder who owns ordinary shares and/or a
shareholder who owns voting preference shares
d. No shareholder

22. C According to the law of Vietnam, ( ) has a power to decide


distribution of dividend to the shareholders.
a. The board of management
b. The inspection committee
c. The general meeting of shareholders
d. The legal representative

23. B According to the law of Vietnam, the charter of the corpo-


ration shall be enacted by ( ).
a. The board of management
b. The general meeting of shareholders
c. The inspection committee
d. The managing director

24. A Under Vietnamese Law, co-ownership of husband and


wife, is one kind of ( ).
a. Integrative multiple ownership
b. Mixed multiple ownership
c. Multiple ownership by shares
d. Common multiple ownership

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