Professional Documents
Culture Documents
Quiz + Cases 1-2023 Edited
Quiz + Cases 1-2023 Edited
Quiz + Cases 1-2023 Edited
1
b.
c. is a local legislative (lập pháp) body
d. is a central executive body ( government)
-----------------------------
12. According to the Patriarchal Theory ( thuyết gia trưởng) the origin of the State evolve from the
enlargement of
a. Social group
b. Family under the authority of the parents
c. Army
d. Company
13. According to the Natural Theory the origin of the State evolve from the enlargement of
a. Social group
b. Family under the authority of the parents
c. Army
d. Company
14. According to the Force Theory, States are created through
a. Social group activities
b. Families under the authority of the parents
c. Constant wars chiến tranh liên miên and invasions ( xâm lược)
d. Companies
15. According to the Divine Theory ( thuyết thần học), States are created by
a. Social groups
b. Family under the authority of the parents
c. God
d. Company
16. According to the Social Contract – khế ước xa hội Theory, States are created by
a. Social group activities
b. Family under the authority of the parents
c. Wars and invasions
d. People who organize a new government with common interest
17. According to the Marxist Theory, the system of private property
a. Destroys social group
b. Is dangerous
c. Create army
d. is a potential cause of the rise of state- nguyên nhân tiềm năng trỗi dậy của nhà nước
18. Public Law includes
a. Constitutional Law, Administrative Law, and Civil Law( luật dân sự )
b. Property Law, Administrative Law, Civil Law
c. Constitutional Law, Administrative Law, Business Law
d. Constitutional Law ( hiến pháp), Administrative Law( luật hành chính), Criminal Law ( luật
hình sự)
19. Private Law includes
a. Constitutional Law, Administrative Law, and Civil Law
b. Property Law, Administrative Law, Civil Law
c. Law of Contract hợp đồng, Law of Property tài sản, Family Law…
d. Constitutional Law, Administrative Law, Criminal Law
20. According to the Vietnamese legislators,
a. Law is a stable ỔN ĐỊNH and unified THỐNG NHẤT system
b. Law is a system of customs
c. Law possesses multiple normative characters
d. Law is a system of social contracts
21. The content of Law NỘI DUNG CỦA LUẬT
2
a. May be expressed freely.
b. Should be written in legal language ( những ngôn ngữ mang tính cô đọng xúc tích).
c. Should be written in various manners.
d. May be modified( sửa đổi) freely.
22. Vietnamese Law
a. Is supported by state coercion ( ép buộc nhà nước)
b. Applies to a specific part of the country
c. Is an unstable and diversified system
d. Is a system of relations
23. In Vietnam, Customary rules
a. Are the first choice for dispute settlements in minority ethnic communities
b. Are disregarded by the legislators.
c. Are a unified system.
d. Dominate all social relations.
24. In Vietnam the State tends to CÓ XU HƯỚNG
a. Abolish Customary Law.
b. Recognize all Customary Rules.
c. Harmonize Customary Law with State law. HÀI HÒA VỚI LUẬT NHÀ NƯỚC
d. Apply Customary Law only for family relationship
------------------------------
25. Feudal state
a. Based on the holding of land in fief (thái ấp) or free
b. Based on the social contracts
c. Based on democracy ( dân chủ)
d. Based on the development of commerce
26. Absolute monarchy ( chế độ quân chủ tuyệt đối)
a. The monarch rule with the constitution and legally organized opposition
b. The monarch rules without the constitution or legally organized opposition ( phe đối lập)
c. The monarch rule with an alliance ( sự liên minh) of the working class
d. The monarch rule with charity ( cai trị với lòng bác ái)
27. Constitutional monarchy (cđộ quân chủ lập hiến) is a system of government in which
a. A president is guided by a constitution
b. A monarch is guided by a constitution ( quốc vương tạo ra hiến pháp)
c. A monarch rule with an alliance of the working class
d. A monarch rule with charity
28. Democracy is a government in which power and civic (công dân) responsibility are exercised by
a. A monarch who rules with charity
b. A dominating class ( giai cấp thống trị)
c. A ruler ( người cai trị)
d. All adult citizens, directly or through their freely elected representative
29. With Presidential government
a. The head of government leads the legislative organ
b. The head of government doesn’t lead the executive organ
c. The head of government is also the head of state
d. The head of state is also the head of the legislature
------------------------
30. Law is connected to the ideology ( tư tưởng)
a. True
b. False
31. Law refers to a system of political ideas
a. True
3
b. False
32. Law and politics are separable
a. True
b. False
33. Mode of production doesn’t have relationships with law
a. True
b. False
34. Law is used to maintain the existing mode of production
a. True
b. False
35. Administrative justice ( tư pháp hành chính) relates to the law, procedures, and systems that
individual members of society can use to challenge decisions
a. True
b. False
36. Purposes and Functions of Law MỤC ĐÍCH VÀ CHỨC NĂNG CỦA LUẬT
a. Establishing standards, Maintaining relationships, Resolving disputes,
b. Protecting conflicts.
c. Establishing relationships, Maintaining order, Resolving disputes, Protecting
d. Liberties and rights.
e. Establishing standards THIẾT LẬP TIÊU CHUẨN
, Maintaining order DUY TRÌ TRẬT TỰ
, Resolving disputes GIẢI QUYẾT TRANH CHẤP
, Protecting liberties and rights.BẢO VỆ TỰ DO VÀ QUYỀN LỢI
5
c. protecting the rights of inventors, authors, and businesses to their tangible and intangible
creations, inventions, and symbols
55. Intellectual Property law focuses on QUYỀN SỞ HỮU TRÍ TUỆ
a. legal relations between individuals in the context of the family
b. behaviors that are sanctioned the under criminal code and defined as illegal
c. protecting the rights of inventors, authors, and businesses to their tangible and intangible
creations, inventions, and symbols
56. Procedural law determines the rules of court procedure LUẬT TỐ TỤNG
a. True
b. False
57. Civil procedural law is TỐ TỤNG DÂN SỰ
a. concerned with the relations between workers and their employers
b. a set of treaties, agreements, rules, and statutes that aim to protect the environment
c. related to civil law and its sub-branches CHI NHÁNH LUẬT DÂN SỰ
58. Labor law is LUẬT LAO ĐỘNG
a. concerned with the relations between workers and their employers
b. a set of treaties, agreements, rules, and statutes that aim to protect the environment
c. related to civil law and its sub-branches
59. Environment law is
a. concerned with the relations between workers and their employers
b. a set of treaties, agreements, rules, and statutes that aim to protect the environment
c. related to civil law and its sub-branches
5. CONSTITUTION + MID-TERM
----------
60. What is a Constitution?
a. The fundamental law LUẬT CƠ BẢN, written or unwritten THÀNH VĂN HAY BẤT
THÀNH VĂN, of a State
b. An important organization of a State
c. The power of a Nation.
8
c. The act of a person to establish and perform a civil transaction in the name and interests of
another person within the scope of representation.
94. 8. Compensation for damage outside the contract is an obligation arising due to
a. infringement of others’ health, honour, reputation, property, etc.
b. infringement of others’ willingness, honour, reputation, property, etc.
c. infringement others’ health, ambition, reputation, property, etc.
95. The quality of an object for sale and purchase shall be as agreed by the parties.
a. True
b. False
96. A purchaser must pay the full price at the agreed place and time.
a. True
b. False
97. Property shall be delivered
a. by the method as determined by the seller
b. by the method as determined by the purchaser
9
c. by the method as agreed by the parties
98. A seller does not have the obligation to provide a purchaser with necessary information on the
property for sale and instructions on the use of the property.
a. True
b. False
99. A contract for the exchange of property TRAO ĐỔI TÀI SẢN must be made
a. verbally, in writing, or through specific acts
b. in writing
c. verbally or in writing
100. Contract for the loan NỢ of property means an agreement between parties
a. whereby a lender delivers money to a borrower
b. whereby a lender delivers property to a borrower
c. whereby a lender delivers property to an owner
101. Contract for the lease THUÊ of property means an agreement between parties whereby
a. lesser delivers property to a lessee for use during a short term
b. lesser delivers property to a lessee for use during a long term
c. lesser delivers property to a lessee for use during a fixed term NHẤT ĐỊNH
102. Contract for bailment GỬI GIỮ of property means an agreement between parties whereby
a. Bailee accepts the property of a bailor for safekeeping GIỮ AN TOÀN
b. Bailee accepts the property of a bailor for use
c. Bailee accepts the property of a bailor for rent
103. Contract for borrowing MƯỢN of property means an agreement between parties whereby
a. lender delivers property to a borrower for use free of charge
b. lender delivers property to a borrower for use during a fixed time
c. lender delivers property to a borrower for use and charge
104. 19. A contract for the transport of passengers VẬN CHUYỂN HÀNH KHÁCH may be made
a. verbally, in writing, or through specific acts
b. in writing
c. verbally or in writing
105. In case an international treaty to which the Socialist Republic of Vietnam is a signatory
contains provisions different from those in this Code (Vietnamese Civil code 2015) and other
laws in terms of applied law on civil relations involving foreign elements,
a. such international treaty shall prevail.
b. such this law shall prevail.
c. such selection of the contracting parties shall prevail.
106. A crime means an act that is dangerous for society and defined in Criminal Code, is
committed by
a. A person who has no criminal capacity or commercial legal entity
b. A person who has the criminal capacity or a corporate legal entity
c. A person who has or has not the criminal capacity of a corporate legal entity
107. An act showing signs of a crime but not remarkably dangerous for society HÀNH VI CÓ
DẤU HIỆU TỘI PHẠM NHƯNG CHƯA GÂY NGUY HIỂM CHO XÃ HỘI
a. is not a crime and shall be dealt with otherwise. K PHẢI TỘI PHẬM VÀ XỬ LÍ THEO
CACSH KHÁC
b. Is a crime and shall be dealt with otherwise.
c. Is or is not a crime and shall be dealt with otherwise.
108. Less serious crime means a crime whose danger to society
a. is significant
10
b. is great
c. is not significant
d. is enormous
109. Serious crime means a crime whose danger to society
a. is not significant
b. is significant
c. is great
d. is enormous
110. Very serious crime means a crime whose danger to society
a. is not significant
b. is significant
c. is great
d. is enormous
111. Extremely serious crime means a crime whose danger to society
a. is not significant
b. is significant
c. is great
d. is enormous
112. The person who commits an act that results in harmful consequences is exempt from
criminal responsibility miễn trách nhiệm hình sự
a. if such consequences cannot be foreseen or have to be foreseen
b. if such consequences are foreseen or have to be foreseen
c. if such consequences can be foreseen or have to be foreseen
113. A person who commits an act that is dangerous to society is suffering from a mental disease
or another disease that causes him/her to lose his/her awareness or control of his/her behaviors.
a. is not exempt from criminal responsibility
b. cannot be exempt from criminal responsibility
c. is exempt from criminal responsibility miễn trách nhiệm dân sự
114. The use of justifiable force SỬ DỤNG VŨ LỰC CHÍNH ĐÁNG
a. does not constitute a criminal offense. Không cấu thành tội phạm hình sự
b. does constitute a criminal offense.
c. does not constitute self-defense.
115. If the damage inflicted is reasonably unnecessary in the urgent circumstance, the person who
inflicts such damage
a. shall not bear criminal responsibility.
b. shall bear criminal responsibility.
c. is exempt from criminal responsibility.
116. If the bodily harm inflicted by the use of violence is obviously more than necessary, the
person who inflicts such damage
a. shall bear criminal responsibility.
b. shall not bear criminal responsibility.
c. is exempt from criminal responsibility.
117. The time limit for criminal prosecution is a time limit set out by this Code and upon the
expiration of which
a. the offender does face certain criminal prosecutions
b. the offender does not face any criminal responsibility
c. the offender does not face any criminal prosecution
118. Actions taken against juvenile offenders depend onHÀNH ĐỘNG CHỐNG LẠI NGƯỜI
CHƯA THÀNH NIÊN\\\\\\\\\\\\\\\\\\\\\\\\\\\
a. their ages, awareness of their criminal acts, reasons, and circumstances in which the criminal
offenses are committed
11
b. their ambition, awareness of their criminal acts, reasons, and circumstances in which the
criminal offenses committed.
c. their ages, reasons, and circumstances in which the criminal offences are committed.
119. Life imprisonment and death sentence shall TÙ CHUNG THÂN VÀ TỬ HÌNH
a. be imposed upon a juvenile offender
b. be or not be imposed upon a juvenile offender
c. not be imposed upon a juvenile offender KHÔNG ÁP DỤNG CHƯA THÀNH NIÊN
120. Additional punishments HÌNH PHẠT BỔ SUNG
a. shall not be imposed upon a juvenile offender
b. shall be imposed upon a juvenile offender
c. shall be or not be imposed upon a juvenile offender
121. Abuse of power means acts of infringement upon rightful activities of an agency or
organization committed LẠM DỤNG QUYỀN
a. by a worker in performance of his/her official duties.
b. by an important person in performance of his/her official duties.
c. by an officer-holder in the performance of his/her official duties. VIÊN CHỨC
13
c. every activity of criminal procedures in territories of the Socialist Republic of Vietnam and
abroad with the Vietnamese representative organizations
d. Both A, B, and C are incorrect.
9. LABOR CODE
10. LAW ON INVESTMENT + REVISON
148. Register office means the regulatory body competent to issue, adjust, and revoke
a. Certificates of investment registration.
b. demands of investment registration.
c. applications of investment registration.
149. Investment project means a collection of proposal to make midterm or long-term capital
investment in business
a. in every administrative division over a certain period of time.
b. in a particular administrative division over a special period of time.
c. in a particular administrative division over a certain period of time.
150. New investment project means a project that is executed for the first time or
a. a project independent from any other running project.
b. any other running project.
c. an independent project.
151. Certificate of investment registration means a paper or electronic document bearing
registered information about the
a. Intention of the investor.
b. investment project of the investor.
c. purposes of the investor.
152. Business cooperation contract means a contract between investors for business cooperation and
distribution of profits, products
a. with establishment of a new business organization
b. with a new business organization
c. without establishment of a new business organization.
153. Industrial park means an area with a defined geographical boundary specialized in industrial
production and
a. provision of services for exportation.
b. provision of services for industrial production.
c. manufacturing of special products.
154. Economic zone means an area with ..........................which consists of multiple sectors and is
meant to attract investments, develop socio-economic, and protect national defense and security.
a. a defined geographical boundary RANH GIỚI ĐỊA LÍ XÁC ĐỊNH
b. an industrial park
c. an export-processing zone
155. Investor means ....................................that makes business investments. Investors include
Vietnamese investors, foreign investors, and foreign-invested business organizations
15
a. an organization
b. individual
c. an organization or individual
156. Investment incentives shall be given to
a. every investment projects.
b. all types of investments.
c. new investment projects and expansion projects.
157. Before establishing a business organization, the foreign investor must
have ...................................and apply for a Certificate of investment registration.
a. an outward investment
b. an investment project
c. an income from business investment
158. The government shall promulgate ...............regulations on management of investments in
Vietnam and outward investments.
a. uniform
b. different
c. debatable
159. .....................shall specify the fields, conditions, and procedures for executing investment projects
under PPP contracts.
a. The Local government
b. The Government
c. The President
160. Investors are ........................to improve access to modern technologies, raise the managerial
capability and develop resources for socio-economic development
a. encouraged by the State
b. encouraged by the Register office
c. encouraged by the foreign market
161. Investors are encouraged by the State to.............................. in order to expand the market,
improve the export of goods/services, and receipt of foreign currenciesi
a. reduce Capital and liquidations
b. manufacture special products
c. make outward investment
162. .................................shall assist the Government in performing uniform state management of
investment in Vietnam and outward investment…
a. The foreign investors
b. The Ministry of Planning and Investment
c. The People’s Council
163. ……………………shall not be nationalized or confiscated by administrative measures.
a. Unlawful assets of investors
b. Income of investors
c. Lawful assets of investors
d. Capital of judicial persons
164. Investors are ………………………to achieve a certain export target; restrict the quantity, value,
types of goods/services that are exported or produced/provided
a. required by the National Assembly
b. required by the State
c. not required by the State
d. required by service providers
165. The level of each type of incentives shall be specified …………………………… taxation and
land.
a. by regulations of law on
b. by specific law
16
c. by customary law on
d. by investment projects
166. A domestic investor shall establish a business entity in accordance …………………………….
and law corresponding to each type of business entity
a. with specific market access conditions
b. with some important regulations
c. with investment incentives
d. with regulations of law on enterprises
167. Investors.………………….to have the headquarter situated at a location requested by a competent
authority.
a. are not required by the State?
b. are required by the State
c. are obliged by law
d. are not permitted by law
Case 1. (Tình huống [1]). Ms. H accepted and signed a contract to work in a mountainous province even
though she knows that this is a heavy job for women. When she arrived at the quarry site, Ms. H refused to
work because she found the job very dangerous. The owner of the mining business said that she had voluntarily
signed a contract, so she could not refuse to work. According to the law, can Ms. H refuse to work?
Article 5. Rights and obligations of employees
1. An employee has the rights to:
d) refuse to work if he/she finds that the work directly threatens his/her life or health;
Case 2. (TH 2 [1]). What behaviors are prohibited in the labor field?
Article 8. Forbidden actions
1. Labor discrimination.
2. Maltreatment of employees, forced labor.
3. Sexual harassment in the workplace.
4. Taking advantage of occupational training or apprenticeships to exploit the trainees or apprentices, or persuade
or force them to act against the law.
5. Employing untrained people or people without occupational training certificates to do the jobs or works that
have to be done by trained workers or holders of occupational training certificates.
6. Persuading, inciting, promising advertising or otherwise tricking employees into human trafficking,
exploitation of labor or forced labor; taking advantage of employment brokerage or guest worker program to
commit violations against the law.
7. Illegal employment of minors.
Case 3. (TH 4). Nam is a student working part-time. Nam signed a written work agreement with the shop
owner*/ that defined jobs, working time, weekly wages, cases of deductions, bonuses... After 3 months of work,
because of illness, Nam taken 3 days off. When he returned to work, the shop owner had hired someone else.
Nam proposed to be paid the last week's wages, but the shop owner refused because he thought that Nam had
taken an unexpected leave, the store lost money to find a replacement, so that money was deducted from Nam's
salary. Is it correct to say so?
Article 13. Employment contract
1. An employment contract is an agreement between an employee and an employer on a paid job, salary, working
conditions, and the rights and obligations of each party in the labor relations.
A document with a different name is also considered an employment contract if it contains the agreement on the
paid job, salary, management and supervision of a party.
2. Before recruiting an employee, the employer shall enter into an employment contract with such employee.
According to clause 1 above, we see that although Nam and the shop owner have signed a work agreement, not a
labor contract, the job agreement has defined the job, salary, and working time. Then this agreement must be
17
considered as a Labor Contract. Nam can use this written agreement as a basis to sue the shop owner for failing
to comply with the signed initial payment agreement.
Case 4. (TH 5). Is an employment contract entered into via electronic media in the form of a data message as
valid as a written employment contract?
Article 14. Forms of employment contract
1. An employment contract shall be concluded in writing and made into two copies, one of which will be kept by
the employee, the other by the employer, except for the case specified in Clause 2 of this Article.
An employment contract in the form of electronic data conformable with electronic
Case 5. (TH 6). Ms. Le Thi Huong wants to open a food and beverage business and hire someone who is both
an employee and a cashier. However, Ms. Huong asked to keep the original of this person's identity papers. Is
this case consistent with the provisions of the labor law?
Article 17. Prohibited acts by employers during conclusion and performance of employment contracts
1. Keeping the employee’s original identity documents, diplomas and certificates.
2. Requesting the employee to make a deposit in cash or property as security for his/her performance of the
employment contract.
3. Forcing the employee to keep performing the employment contract to pay debt to the employer.
Case 6. (TH 8). According to the law, who has the authority to enter into labor contracts?
Article 18. Competence to conclude employment contracts
1. Employees may directly conclude their employment contracts, except for the cases specified in Clause 2 of this
Article.
2. In respect of seasonal works or certain jobs which have a duration of less than 12 months, a group of
employees aged 18 or older may authorized the representative of the group to conclude the employment contract,
in which case such employment contract shall be effective as if it was separately concluded by each of the
employees.
The employment contract concluded by the said representative must be enclosed with a list clearly stating the full
names, ages, genders, residences and signatures of all employees concerned.
3. The person who concludes the employment contract on the employer’s side shall be:
a) The legal representative of the enterprise or an authorized person as prescribed by law;
b) The head of the organization that is a juridical person, or an authorized person as prescribed by law;
c) The representative of the household, cartels or an organization that is not a juridical person, or an authorized
person as prescribed by law;
d) The individual who directly hires the employee.
4. The person who concludes the employment contract on the employee’s side shall be:
a) The employee himself/herself if he/she is 18 or older;
b) The employee aged 15 to under 18 with a written consensus by his/her legal representative;
c) The employee aged under 15 and his/her legal representative;
d) The employee lawfully authorized by the group of employees to conclude the employment contract.
5. The person who is authorized to conclude the employment contract must not authorize another person to
conclude the employment contract.
Case 7. (TH 9). Ms. Lan is an accountant for enterprise H. To increase her income, she receives additional tax
finalization for some small businesses at the end of the month and signs labor contracts with these
establishments. Is this situation of Ms. Lan legal?
Article 19. Entering into multiple employment contracts
1. An employee may enter into employment contracts with more than one employer, provided that he/she fully
performs all terms and conditions contained in the concluded contracts.
2. Where an employee enters into employment contracts with more than one employer, his/her participation in
social insurance, health insurance and unemployment insurance schemes shall comply with regulations of law on
social insurance, health insurance, unemployment insurance, occupational safety and health
Case 8. (TH 12). Hoa graduated from university and was accepted into a financial trading company. The
probationary period is 02 months, the probationary salary is equal to 70% of the job salary for an official
18
person. Hoa finds that unreasonable because she does the same thing as everyone else and only receives 70% of
the salary, which is not fair. Can she claim her rights?
Article 25. Probationary period
The probationary period shall be negotiated by the parties on the basis of the nature and complexity of the job.
Only one probationary period is allowed for a job and the probation shall not exceed:
1. 180 days for the position of enterprise executive prescribed by the Law on Enterprises, the Law on
management and use of state investment in enterprises;
2. 60 days for positions that require a junior college degree or above;
3. 30 days for positions that require a secondary vocational certificate, professional secondary school; positions of
or for technicians, and skilled employees;
4. 06 working days for other jobs.
Article 26. Probationary salary
The probationary salary shall be negotiated by both parties and shall not be lower than 85% of the offered salary.
Case 9. (TH 15). Because my mother is seriously ill, I asked the company to give me 1 month of unpaid leave to
go back to my hometown to take care of her. Due to her illness, I stayed at home for another 10 days and called
to inform the company about my extra leave. In fact, I took a leave of 1 month and 10 days, then I returned to
work but was not received by the company on the reason that I took a leave of absence beyond the requested
time, thus violating the company's discipline, they were unilaterally terminated the employment contract with me.
Is the company's answer correct?
(The company has violated the provisions of the labor law. )
Case 10. (TH 20). In what cases can an employee unilaterally terminate a labor contract without prior notice to
the employer?
Article 35. The right of an employee to unilaterally terminates the employment contract
1. An employee shall have the right to unilaterally terminate the employment contract, provided he/she notices
the employee in advance:
a) at least 45 days in case of an indefinite-term employment contract;
b) at least 30 days in case of an employment contract with a fixed term of 12 – 36 months;
c) at least 03 working days in case of an employment contract with a fixed term of under 12 months;
d) The notice period in certain fields and jobs shall be specified by the government.
2. An employee is shall have the right to unilaterally terminate the employment contract without prior notice if
he/she:
a) is not assigned to the work or workplace or not provided with the working conditions as agreed in the
employment contract, except for the cases specified in Article 29 of this Labor Code;
b) is not paid adequately or on schedule, except for the case specified in Clause 4 Article 97 of this Code.
c) is maltreated, assaulted, physically or verbally insulted by the employer in a manner that affects the
employee’s health, dignity or honor; is forced to work against his/her will;
d) is sexually harassed in the workplace;
dd) is pregnant and has to stop working in accor dance with Clause 1 Article 138 of this Labor Code.
e) reaches the retirement age specified in Article 169 of this Labor Code, unless otherwise agreed by the parties;
or
g) finds that the employer fails to provide truthful information in accordance with Clause 1 Article 16 of this
Labor Code in a manner that affects the performance of the employment contract.
Case 11. (TH 24). In what cases does the employer have the right to unilaterally terminate the labor contract?
Article 36. The right of an employer to unilaterally terminates the employment contract
1. An employer shall have the right to unilaterally terminate an employment contract in one of the following
circumstances:
a) The employee repeatedly fails to perform his/her work according to the criteria for assessment of employees’
fulfillment of duties established by the employer. The criteria for assessment of employees’ fulfillment of duties
shall be established by the employer with consideration taken of opinions offered by the representative
organization of employees (if any);
19
b) The employee is sick or has an accident and remains unable to work after having received treatment for a
period of 12 consecutive months in the case of an indefinite-term employment contract, for 06 consecutive
months in the case of an employment contract with a fixed term of 12 – 36 months, or more than half the duration
of the contract in case of an employment contract with a fixed term of less than 12 months.
Upon recovery, the employer may consider concluding another employment contract with the employee;
c) In the event of a natural disaster, fire, major epidemic, hostility, relocation or downsizing requested by a
competent authority, the employer has to lay off employees after all possibilities have been exhausted;
d) The employee is not present at the workplace after the time limit specified in Article 31 of this Labor Code;
dd) The employee reaches the retirement age specified in Article 169 of this Labor Code, unless otherwise agreed
by the parties;
e) The employee quits his/her fails to go to work without acceptable excuses for at least 05 consecutive working
days;
g) The employee fails to provide truthful information during the conclusion of the employment contract in
accordance with Clause 2 Article 16 of this Labor Code in a manner that affects the recruitment.
Case 12. (TH 25). Company X had signed an indefinite-term labor contract with Mr. B. Mr. B has suffered a
vertebral injury due to a traffic accident, has been hospitalized for more than 1 year and still has not recovered.
Therefore, Company X decided to terminate the labor contract with Mr. B. Is it right or wrong for the company
to unilaterally terminate the labor contract with Mr. B? Before unilaterally terminating the labor contract, is the
employee notified in advance?
Article 36. The right of an employer to unilaterally terminates the employment contract
1. An employer shall have the right to unilaterally terminate an employment contract in one of the following
circumstances:
b) The employee is sick or has an accident and remains unable to work after having received treatment for a
period of 12 consecutive months in the case of an indefinite-term employment contract, for 06 consecutive
months in the case of an employment contract with a fixed term of 12 – 36 months, or more than half the duration
of the contract in case of an employment contract with a fixed term of less than 12 months.
Upon recovery, the employer may consider concluding another employment contract with the employee;
(according to Clause 2, Article 36 of the Labor Code 2019, in this case, when unilaterally terminating the labor
contract, Company X must notify Mr. B at least 45 days in advance.)
Case 13. (TH 57). At the end of the year, my agency has many things to work overtime, even working at night. So
during this time, do we get paid overtime or not? If yes, how is it calculated?
Article 98. Overtime pay, night work pay
1. An employee who works overtime will be paid an amount based on the piece rate or actual salary as follows:
a) On normal days: at least 150%;
b) On weekly days off: at least 200%;
c) During public holidays, paid leave, at least 300%, not including the daily salary during the public holidays or
paid leave for employees receiving daily salaries.
2. An employee who works at night will be paid an additional amount of at least 30% of the normal salary.
3. An employee who works overtime at night will be paid, in addition to the salary specified in Clause 1 and
Clause 2 of this Article, an amount of at least 20% of the day work salary of a normal day, weekend or public
holiday.
Case 14. (TH 67). Please tell us the provisions of the labor law on cases of personal leave, unpaid leave.
Article 115. Personal leave, unpaid leave
1. An employee is entitled to take a fully paid personal leave in the following circumstances, at long at is notified
to the employer in advance:
a) Marriage: 03 days;
b) Marriage of his/her biological child or adopted child: 01 days;
c) Death of his/her biological or adoptive parent; death of his/her spouse’s biological or adoptive parent; death of
spouse, biological or adopted child: 03 days.
2. An employee is entitled to take 01 day of unpaid leave and must inform the employer in the case of the death
of his/her grandparent or biological sibling; marriage of his/her parent or natural sibling.
20
3. The employee may negotiate with his/her employer on taking unpaid leave other than the leave stipulated in
Clause 1 and Clause 2 of this Article.
Case 15. (TH 79). What policies does the State have to ensure fairness for female workers?
Article 135. State policies
1. Equality between male and female employees shall be ensured; necessary measures for ensuring gender
equality and prevention of sexual harassment in the workplace shall be implemented.
2. Employers are encouraged to enable both male and female employees to work regularly, and to widely apply
the systems of flexible working hours, part-time work, or outwork.
3. Necessary measures shall be implemented to create employment opportunities, improve working conditions,
develop occupational skills, provide healthcare, and strengthen the material and spiritual welfare of female
employees in order to assist them in developing effectively their vocational capacities and harmoniously combine
their working lives with their family lives.
Case 16. (TH 91). If a foreign worker come to Vietnam to work, what conditions must they meet? How are these
conditions regulated by current law?
Article 151. Requirements for foreigners to work in Vietnam.
1. A foreign employee means a person who has a foreign nationality and:
a) is at last 18 years of age and has full legal capacity;
b) has qualifications, occupational skills, practical experience and adequate health as prescribed by the Minister
of Health;
c) is not serving a sentence; does not have an unspent conviction; is not undergoing criminal prosecution under
his/her home country’s law or Vietnam’s law;
d) has a work permit granted by a competent authority of Vietnam, except in the cases stipulated in Article 154 of
this Labor Code.
Case 17. (TH 94). I heard that foreign workers can still work in Vietnam without a work permit. Could you
please let me know what are the legal provisions?
Article 154. Work permit exemption for foreign employees in Vietnam
A foreign employee is not required to have the work permit if he/she:
1. Is the owner or capital contributor of a limited liability company with a capital contribution value conformable
with regulations of the Government.
2. Is the Chairperson or a member of the Board of Directors of a joint-stock company a capital contribution value
conformable with regulations of the Government.
3. Is the manager of a representative office, project or the person in charge of the operation of an international
organizations or a foreign non-governmental organization in Vietnam.
4. Enters Vietnam for a period of less than 03 months to do marketing of a service.
5. Enters Vietnam for a period of less than 03 months to a resolve complicated technical or technological issue
which (i) affects or threatens to affect business operation and (ii) cannot be resolved by Vietnamese experts or
any other foreign experts currently in Vietnam.
6. Is a foreign lawyer who has been granted a lawyer’s practicing certificate in Vietnam in accordance with the
Law on Lawyers.
7. In one of the cases specified in an international treaty to which the Socialist Republic of Vietnam is a
signatory.
8. Gets married with a Vietnamese citizen and wishes to reside in Vietnam.
9. Other circumstances specified by the Government.
Case 18. (TH 95). I have an older sister who is married to a foreigner with German citizenship. After getting
married, my sister followed her husband to Germany, but now she wants to go back to Vietnam to live. If her
husband also returns to Vietnam to work, is he required to have a work permit?
Article 154. Work permit exemption for foreign employees in Vietnam
8. Gets married with a Vietnamese citizen and wishes to reside in Vietnam.
References
21
[1] http://ninhbinh.edu.vn/tai-nguyen/pho-bien-giao-duc-phap-luat/106-cau-hoi-dap-tinh-huong-phap-luat-ve-bo-
luat-lao-dong-nam.html
[2] http://www.nhankiet.vn/vi/r2579/The-Labor-Code-2019--Effective-Jan-01-2021.html
22