MIDTERM REVIEW

• Course: Introduction to Vietnamese Legal System

• Presenter: TA Pham Nhat Khanh Chi
 Organization

STATE
Legislative power: issue laws
Political Power Govern
Executive power: enforce laws Society within the certain territory

Judicial power: interpret & adjudicate disputes

Monarchy (king/queen) Absolute: all state powers belong to king/queen (ex: Brunei, Oman...)

Limited/ Constitutional:
- state powers belong to citizen
Forms
- king/queen head of the state (ex: UK,..)

Republic (no king/queen) Parliamentary(VN): head of state # head of gov/executive body

- People -> Parliament
- Parliament -> State organs

Presidential(US): head of state = head of gov/executive body

- People -> Parliament & President
- President -> Cabinets

Semi-presidential(Russia): head of state = head of gov/executive body

- People -> Parliament & President
- Parliament -> Cabinets

Pham Nhat Khanh Chi

1. When mention is made to a state, we are referring to _________
A. The organisations holding state power
B. The territory
C. The people with the territory
D. All of above
2. State power includes __________
A. Executive power
B. Legislative power
C. Judicial power
D. All of above
3. __________ is a form of state in which state power belongs to the people, and the head of state and the head of
government are separate.
A. Absolute monarchy
B. Limited monarchy
C. Parliamentary republic
D. Presidential republic
4. __________ is the power to make and amend laws
A. Legislative power
B. Executive power
C. Judicial power
D. State power
 LAW
A system of rules/ guidelines + issued/recognized by state

How to perform law

Law branches
(Base on legal norms)
(ngành luật, Vn có 12 ngành
luật, ex: civil law, labor law,)

- Fail to perform law

Violates (breach of law) - Liability capacity: age + cognition
- Fault (intentional or unintentional)
Legal institutions

Hypothesis: who, in which situation

Always - Civil law -> Civil sanction (fine, compensation...)
Legal norms Disposition: guidelines-how to exist - Administrative law -> Administrative sanction (fine,..)
Sanctions
act rightly - Criminal law -> Criminal sanction (jails,..)
- Labor law -> Labor discipline (fire,..)
Sanction: consequences

Statutes (legal Civil law system

documents) (VN, France...)

Forms Judicial precedent Common law system

(court judgements) (US,UK...)
(Where we
can find the Customs
law form)

Pham Nhat Khanh Chi

 “Everyone has the obligation to pay taxes in accordance with the law” (Article 47, the constitution)
• Hypothesis: everyone
• Disposition: has the obligation to pay taxes in accordance with the law

“Anyone who unintentionally causes the death of another person shall be sentenced to between 6 months and five
years of imprisonment” (Article 98.1, the criminal code)
• Hypothesis: Anyone who unintentionally causes the death of another person
• Disposition: Không được nêu rõ và ở dạng quy định ngầm => Quy định trong trường hợp này là không được vô tình
gây ra cái chết của người khác.
• Sanction: shall be sentenced to between 6 months and five years of imprisonment

“Any person who manufactures or deals in counterfeit medicines for treatment or prevention of diseases shall face
a penalty of 02 - 07 years' imprisonment.” (Article 194, the criminal code)
• Hypothesis: Any person who manufactures or deals in counterfeit medicines for treatment or prevention of diseases
• Disposition: Không được nêu rõ và ở dạng quy định ngầm => Quy định trong trường hợp này là không được buôn
bán thuốc giả để chữa hay phòng bệnh
• Sanction: shall face a penalty of 02 - 07 years' imprisonment

“Before overtaking, a vehicle shall give a signal by means of light or horn; from 22.00 hrs to 5.00 hrs in urban
centers & populous areas, only light signals can be used for this purpose” (Article 14, the law on road traffic)
• Hypothesis: Before overtaking, a vehicle
• Disposition: shall give a signal by means of light or horn; from 22.00 hrs to 5.00 hrs in urban centers & populous
areas, only light signals can be used for this purpose

Pham Nhat Khanh Chi

Question: Which part of the following legal norm is missed?
Any person who manufactures or deals in counterfeit medicines for treatment or prevention of diseases shall face a
penalty of 02 - 07 years' imprisonment. (Article 194.1, the penal code 2015)
a. Hypothesis
b. Disposition
c. Sanction
d. None of the above

Question: Which of the following is the highlighted part?

“Any person who manufactures or deals in counterfeit medicines for treatment or prevention of diseases shall face a
penalty of 02-07 years’ imprisonment.” (Article 194.1, the penal code 2015)
a. Hypothesis
b. Deposition
c. Sanction
d. Both hypothesis and disposition
 CONSTITUTION Citizen’s rights & obligations

• Legislative: issue (NA)

Supreme law Fundamental rules State State powers • Executive: enforce (Gov)
• Judicial: interpret, adjudicate
(court, prosecutions)

- Other laws have to details the rules State organs

- Other laws have to comply with the rules
- All people have to comply with the rules

CENTRAL LOCAL
LEVEL LEVEL

Pham Nhat Khanh Chi

 Citizens: >= 18 elect NA
Elect
Local people: >= 18 elect people’s council

1.Suggest / Propose
CENTRAL National 2. Issue decision to appoint/
LEVEL Standing Committees of NA approve result
Assembly

Pay salary
National President

Supervise & discuss

Report

Government Court Prosecutions

LOCAL LEVEL People’s Elect at the same level

council People’s committees

Provincial people council -> Provincial people’s committees

District people council -> District people’s committees
Commune people council -> Commune people’s committees

Pham Nhat Khanh Chi

 National Assembly (NA)
• Legislative body
• Highest representative body of people
• Highest state power organ
• Amnesty
• Duration: 5 years (normally)
• Deputies: <=500 (elected directly by the people)
• Decision: majority rule (> 1/2)
Except:
Make & amend the constitutions, dismiss a deputy, decide on
shortening or extending the duration of the national assembly
 (>= 2/3) deputies’ approval
Government
• Executive body of NA
• Head of government: Prime Minister
• Highest executive body / state administrative body
• Government cabinets: prime minister + 4 vice-prime
minister +18 ministers + 4 minister-levels
• draft the law
Court
• State judicial body (adjudicate disputes)
• 2 levels of adjudication: first instance and appellate courts
• 4 structures: supreme, high, provincial & district
• Protect the socialist legislation, the socialist regime,
human and citizenship rights.
Prosecutions
• State judicial body (supervise courts & gov,
prosecute criminals )
• 4 structures: supreme, high, provincial & district
• Represent the country to sue pp who violate law
Pham Nhat Khanh Chi
Standing Committees of NA
• Permanent body
• Interpret laws, constitutions & ordinances
• Number of members will be decided by NA
• Members can’t be government members at the same time
• Duration: follows the NA’s duration
National President (NA’s member)
• Head of the state
• Represent VN & Promulgate/Announce law, constitutions &
ordinances
• Grant pardon
• Duration: follows the NA’s duration
People’s council
• Local state power body
• Representative body of local people
• Supervise compliance with the constitution and law in its locality
People’s committees
• Executive body of local people’s council
• Local administrative organ
Notes
• Highest state power => citizens
• Highest state power body/organs => National Assembly
• Communist Party doesn’t have state power
• If the decrees, laws... are different from what is stated in the
constitution -> obey the constitution
• Administrative body: Gov, pp’s committees, 18 minister, 4
minister-levels, department of…
 Gov- draft the law (soạn thảo luật)
NA- discuss & approve (xem xét và phê duyệt)
NP- announce to everyone
Court – rely on that law to give a adjudgment
But if in law, we have some misunderstanding => NA’s standing committee will interpret

How do people perform/exercise state power?

+ Indirect: Exercise through representative organs: National assembly or people’s council by vote to select deputies
+ Direct: Standing for election to the National assembly or people’s council to become a deputy
Ex: deputy ask prime minister (chinh đại biểu của hd nhân dân & quốc hội vừa thực hiện quyền lực của ng dân giao cho và
chinh quyền lực của bản thân họ)

Pham Nhat Khanh Chi

 Amnesty Pardon
(General amnesty) (Special amnesty)
Authority National Assembly National President
Subject Group of crimes Specific individuals
(all individuals in that group)
When granted Before or after convicted by a final After convicted by a final judgement
judgement
Legal outcome Individuals will no longer be criminals and Criminal record of individuals will not be
have no criminal records wiped
Nature Absolution and forgetfulness of an Release from prisons ahead of time
offence people serving imprisonment penalty

Pham Nhat Khanh Chi

 18 Ministers or 4 head of ministerial level agencies
• Ministry of National Defense
• Government Inspectorate
• Ministry of Public Security (bộ công an) (Thanh tra chính phủ)

• Ministry of Foreign Affairs • State Bank of Viet Nam

(Ngân hàng nhà nước VN)
• Ministry of Justice
• Ministry of Finance • Committee on Ethnic Minority Affairs
(Uỷ ban dân tộc)
• Ministry of Transport
• Government Office
• Ministry of Construction (Văn phòng chính phủ)
• Ministry of Education and Training
• Ministry of Agriculture and Rural Development
• Ministry of Industry and Trade
• Ministry of Planning and Investment
• Ministry of Health
• Ministry of Science and Technology
• Ministry of Natural Resources and Environment
• Ministry of Information and Communications
• Ministry of Home Affairs
• Ministry of Labor, War Invalids and Social Affairs
• Ministry of Culture, Sports and Tourism

Pham Nhat Khanh Chi

 Organs have the right to issue legal documents

State bodies Legal documents

National assembly Constitution, Act, Resolution (hiến pháp, luật,
nghị quyết)

Standing committee of the national assembly Ordinance, Resolution (pháp lệnh, nghị quyết)
National president Order, Decision (lệnh, quyết định)
Government(cabinet) Decree (nghị định)
Prime minister Decision
Ministers and head of ministry – level bodies Circular (thông tư)
(Bộ trưởng, Thủ trưởng cơ quan ngang bộ)
Justice council of the supreme people’s court Resolution
(Hội đồng thẩm phán TANDTC)
Chief justice of the supreme people’s court & Circular
Chief of the supreme people’s procuracy

(Chánh án TANDTC & Viện trưởng VKSNDTC)

State auditor general Decision
(Tổng kiểm toán nhà nước)
People’s council Resolution
People’s Committee Decision

Pham Nhat Khanh Chi

1. Which of the following organ has the highest state power?
A. Communist party
B. National presient
C. National assembly
D. Prime minister

2. Which of the following is an administrative organ?

A. The office of Ho Chi Minh People’s Committee
B. The office of Ho Chi Minh City People’s council
C. The office of Ho Chi Minh people’s court
D. All of the above

3. According to the constitution 2013, who of the following can vote for the delegates of the people’s councils
A. An 18 year old and above local person
B. An 18 year old and above local Vietnamese citizen
C. A 21 year old and above local Vietnamese citizen
D. None of the above

4. In order to amend criminal codes, the National assembly needs at least approvals of____________.
A. More than half of deputies
B. More than half of attending deputies
C. 2/3 deputies
D. 2/3 attending deputies

5. Which of the following organs have the right to issue legal documents?
A. Government
B. National Assembly
C. National Assembly’s standing committees
D. All of the above
 One site has state power • State organ – State organ ( Gov- People’s committees)

ADMINISTRATIVE Only govern • State organ – People (administrative organs - citizens)

Administrative Content: State administrative
LAW management activities • Inside state organ (prime minister- ministry of transport)
Relations

Nature: Command - obedient

Fail to perform administrative law Organization All violation

(not a crime)
Handle
Administrative Liability capacity: Age + Cognition Individual Cognition: no mental issues
Violation Age:
>=12- <14: violation related to security,
At fault Be aware or have to be aware of your acts safety, order
>=14 - <16: intentional fault
>=16: all violation

Bear Liability Administrative violation

• Emergency: violate law to prevent damages threatening
Not fall under exceptional cases
• Unexpected event: sudden event caused violations
• Force majeure event: happened event, violate to save your time

Sanctions • Legitimate defence

v

Administrative sanctions

Administrative handling measures(*) • Caution

Principle
(for Vietnamese people only) • Fine >= 16
Remedial
measures • Deprive license
• Confiscate vehicles Principle/additional
• Expulsion: foreigners
Pham Nhat Khanh Chi
 Principles of applying administrative sanctions
One violation will have applied only one
principal sanction

One or several additional sanctions can be

applied for one violation

One violation is only sanctioned once

ADMINISTRATIVE HANDLING MEASURES(*)

Forms Education At Reformatory Center Compulsory Education Detoxification Centers

Commune
Principle apply for individuals violating legal regulations on security, order and social safety
Subject ≥ 12 ≥12 - <18 Woman: ≥18-<=55, ≥ 18
Man: >=18-<=60
Exception N/A - Mental problems or unable to cognize
- Pregnant women
- Women or persons who are alone, nursing under 36-month child
How long will 3 – 6 months 6 – 24 months 6 - 24 months 12 – 24 months
punishment be
applied for
Time Limit for 03 – 12 months 06 – 12 months 1 year 03 months
Applying

Pham Nhat Khanh Chi

An was stopped by a policeman because he drove a motorbike without wearing a helmet. The policeman recorded
and applied sanctions on the violation. A few hours later, on the way to the state treasury to pay the fine, An was
stopped by another policeman for driving without wearing a helmet.
a. An will not have to pay the fine again as an administrative violation is only sanctioned once
b. An will not have to pay the fine again as an administrative violation was committed due to force majeure events
c. An will have to pay the fine again because he made a various violation
d. An will have to pay the fine again because the violation is considered as a new

Which of the following administrative violator will not bear liability due to force majeure events?

A. Due to fire, a company trading in petrol lost all VAT input and output invoices

B. In order to avoid a motorbike suddenly joining the main road, a car drove into a motorbike lane

C. In order to catch a person who squandered someone s bag by snatching, Thien drove over speed limit.

D. All of above

Which of the following is an administrative violation?

A. A 10-year-old boy drove a car to his school
B. A 22-year-old student sold drugs at his school
C. A 71-year-old threw rubbish to his neighbor
D. All of the above

Case:

On 12th August 2016, Huyen, 16 years old, drove her motorbike with the registered number 61B5 – 3981 from Thu Dau
to Di An, Binh Duong. In front of Ong Cu temple, Thanh who drove an electric bicycle collided with Huyen when he tried to
overtake her. The collapse caused Thanh spinal cord injuries (equal to 8% of health damages) and caused Huyen’s
motorbike to knock on another motorbike nearby within 1 meter which was droved by Khanh, 21 years old. On 12th
December 2016, the head of Di An police station issued a decision to apply administrative sanctions on Huyen since she
caused the accident with Khanh. As is not happy with the decision, Huyen sued the Di An police station to Di An people’s
court

1. Which of the following relations will be governed by administrative law?

a. Thanh drove into Huyen’s motorbike
b. The head of Di An police station issued a decision to apply administrative sanctions on Huyen
c. Di An people’s court settled Huyen’s lawsuit petition
d. All of the above

2. Which kind of fault does Huyen commit when she drove her motorbike into Khanh?

a. Direct intentional fault

b. Indirect intentional fault
c. Unintentional fault due to overconfidence
d. Unintentional fault due to negligence

3. Which of the following sanctions may Huyen face for her administrative violations?
a. Caution
b. Fine
c. Expulsion
d. None of the above
 CRIMINAL LAW Criminal violation = Crime - act described in penal code

1/ Fail to perform the guidelines provided in the penal code

2/ Liability capacity
+ Individual Cognition capacity: no mental issue
Age: ≥14 - < 16 (crimes: very serious, extremely serious & intentional crime )
≥ 16 (all crimes)
+Organization (legal person): Commercial - conduct business (not educational or medical org)
Some crime that usually violate environment or economic

3/ Not fall under some cases

+ Emergency circumstances
+ Legitimate defense (phải là tự vệ ngang hàng)
+ Risk in research
+ Criminal capture (only fringe body-not death)
+ Obey commander’s order(military)

4/ At fault
+ Intention Aware of act + Aware of consequences Wish the consequences: direct intention
Not wish consequences: indirect intention
+Unintention aware of act, not aware of consequences => due to over confidence
Not aware of act, not aware of consequences => due to negligence

Pham Nhat Khanh Chi

 Crimes

• Unexpected events
Liability Not fall under exceptional cases • Other cases in Art.29

⚫ Fine
⚫ Suspension of operation (temporary)
Organization ⚫ Shutdown(permanent)
Punishment

⚫ Caution (less serious)

Individual
⚫ Fine (less serious& serious) >= 16
>=14-<16: 1⁄2 term - max 12 years
⚫ Fixed term imprisonment >=16-<18: 3⁄4 term - max 18 years
>=18: full penalty – max 20 years ( for 1 crime)
& max 30 years (for many crimes)
(not apply for individuals who committed less serious the 1st time &
have a fixed residence)
⚫ Life imprisonment (not juvenile < 18 )
⚫ Death penalty (not for pregnant, woman is nursing < 36-months old
baby, juvenile <18, >= 75 years old, person who corrupted but return
3/4 of the corrupted property)
⚫ Non-custodial reform (less serious and serious - having stable jobs &
clear place of residence )(6m-3y)
⚫ Expulsion: foreigner only
Pham Nhat Khanh Chi
 Type of crime

≤ 3 > −≤ 7 > −≤ 15 >

years years years
Time of
imprisonment
(year)

Less
serious
Serious
Very
serious
1. Extremely
serious
Time limit of prosecute:
Less serious: 5 years
Serious: 10 years
Very serious: 15 years
Extremely/ particularly serious, life imprisonment, death penalties: 20 years

Note:
- The time limit is not applicable for crimes listed at Article 28, the penal code 2015

Pham Nhat Khanh Chi

Question: What of the following may be a crime?
A. A 14-year-old boy had sexual intercourse with a 12-year-old girl
B. As requested, a 45-year-old woman bought some sleeping pills for her close friend to committee a suicide.
C. A 25-year-old man who has Down syndrome killed his wife
D. None of the above

Question: Who of the following will not be subject to a death penalty?

A. A 34-year-old woman nursing a 4-year-old toddler
B. A 79-year-old man
C. A full 18-year-old boy
D. All of the above

Case study:
From January 2021, Nguyen Cao Ba La who was born on 5th Sept 2007 was dating with Phuong Uyen who was born on 6th
March 2013. On 1st June 2021, La invited Uyen to Lam s house to study. After finishing the online class, La and Uyen decided
to stay overnight at Lam s house. At that night, La stayed in the same room with Uyen. La suggested having sexual intercourse
with Uyen. However, Uyen refused because she was afraid of her parents. Instead of respecting his girlfriend s opinion, La
locked the room to stop Uyen coming out. After that, La pushed Uyen falling on the bed and forced her to have sexual
intercourse

1. When La had sexual intercourse with Uyen, he committed_________.

a. The crime regulated at article 142 (rape of a person under 16) of the penal code 2015.
b. The crime regulated at article 144 (sexual abuse of a person aged from 13 to under 16) of the penal code 2015.
c. The crime regulated at article 146 (molestation of a person under 16) of the penal code 2015.
d. None of the above

2. Which kind of liability will La bear when he had sexual intercourse with Uyen?
a. Criminal liability
b. Administrative liability
c. Civil liability
d. Disciplinary liability
3. Which of the following sanctions may La face for his act?
a. Fine
b. Fixed term imprisonment
c. Sending to reformatory.
d. None of the above

Case study:
At 6 pm on 12th January 2020, when Chinh and Hanh were having dinner with their grandchildren, Kiet, their youngest
children, come and asked for money to buy some drugs. As Hanh said no to him, he shouted and swore at them as usual.
Chinh requested Kiet to let his mother rest since she just recovered from sickness. However, Kiet kept shouting rude words
and picked up a knife in the kitchen. He walked fast to the dining table where Hanh and her grandchildren sit. In anger
and the worrying to be killed by Kiet, Chinh picked a knife and followed him to prevent him from harming Hanh and her
grandchildren. When Kiet walked near the table, he turned back and swore at Chinh as he discovered that Chinh carried
a knife and followed him. As unable to control himself, Chinh slashed Kiet from head to lower body many times until
the knife handle fell off the knife (Chinh chém anh Kiệt nhiều nhát từ đầu xuống hạ bộ cho đến khi cán dao rơi khỏi
dao). He threw the knife and walked into the house. The neighbor took Kiet to hospital and he died on the way.

1. Which kind of fault does Chinh commit in

this case?
a. Direct intentional fault
b. Indirect intentional fault
c. Unintentional fault due to over-
confidence
d. Unintentional fault due to
negligence

2. Which crime does Chinh commit in this case?

a. The crime regulated in article 123 of the penal code 2015
b. The crime regulated in article 125 of the penal code 2015
c. The crime regulated in article 126 of the penal code 2015
d. The crime regulated in article 128 of the penal code 2015
3. Which type of crime does Chinh commit in
this case?
a. A less serious crime
b. A serious crime
c. A very serious crime
d. An extremely serious crime

4. What is the maximum penalty which Chinh may face if he is 76 years old?
a. Life imprisonment
b. 15 years of imprisonment
c. 3 years of imprisonment
d. 2 years of imprisonment

5. What is the time limit to prosecute Chinh’s liability?

a. 5 years
b. 10 years
c. 15 years
d. 20 years

Article 123. Murder

1. A murderer in any of the cases below shall face a penalty of 12 - 20 years' imprisonment, life imprisonment or death:
a) Murder of 02 or more people;
b) Murder of a person aged under 16;
c) Murder of a woman with the full knowledge of her pregnancy;
d) Murder of a law enforcement officer in performance of his/her official duties or murder of a person because of his/her
official duties;
dd) Murder of the murderer's grandparent, parent, caregiver or teacher;
e) Murder committed right before or after committing a very serious crime or extremely serious crime;
g) Murder for the commission or concealment of another crime;
g) Murder for taking the victim's body parts;
i) Brutal murder;
k) Murder by taking advantage of the murderer's profession;
l) Murder using a method capable of killing many people;
m) Contract killing;
n) Murder of a gangster-like nature;
o) Organized murder;
p) Dangerous recidivism;
q) Murder from despicable motives.
2. Murder in circumstances other than those specified in Clause 1 of this Article carries a penalty of 07 - 15 years'
imprisonment.
3. Any person who makes preparation for the commission of this offence shall face a penalty of 01 - 05 years' imprisonment.
4. The offender might be forbidden from practicing his/her profession or doing certain jobs for 01 - 05 years, face mandatory
supervision or prohibition from residence for 01 - 05 years.
Article 125. Manslaughter under provocation
1. Any person who commits manslaughter under provocation because of the victim's serious illegal actions against the
perpetrator or the perpetrator’s family shall face a penalty of 06 - 36 months' imprisonment.
2. The manslaughter of 02 or more people under provocation carries a penalty of 03 - 07 years' imprisonment.
Article 126. Involuntary manslaughter because of the use of unjustified force in self-defense or while capturing a
criminal
1. An involuntary manslaughter because of the use of unjustified force in self-defense or while capturing a criminal carries a
penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.
2. The involuntary manslaughter of 02 or more people in this case carries a penalty of 02 - 05 years' imprisonment.
Article 128. Involuntary manslaughter
1. A person who commits an involuntary manslaughter shall face a penalty of up to 03 years' community sentence or 01 - 5
years' imprisonment.
2. This offence carries a penalty of 03 - 10 years' imprisonment if it results in the death of 02 or more people.
 GOOD LUCK TO YOUR EXAM ^_^

• Course: Introduction to Vietnamese Legal System

• Presenter: TA Pham Nhat Khanh Chi