TEST 16

Question 1: Analyzing similarities and differences between the National Assembly (quốc
hội) and The People’s Council of The Socialist Republic of Vietnam (hội đồng nhân
dân) under The Constitution 2013
Có thể gộp cách viết: ko bảng (bt nhóm), bảng (studocu)
National Assembly
Position
- In our state apparatus, the National Assembly is the highest representative body of
the People, the highest state authority of the Socialist Republic of Vietnam.
Function
- Legislative function
- The National Assembly is the only body with constitutional and legislative
powers.
- The National Assembly makes the Constitution and amends the Constitution.
- The drafting, adoption, promulgation of the Constitution, amendments to the
Constitution and the procedures and order of interpretation of the Constitution
are prescribed by the National Assembly.
- Based on the Constitution, the National Assembly promulgates laws and
resolutions.
- Based on the Constitution, laws and resolutions of the National Assembly, the
National Assembly Standing Committee promulgates ordinances and
resolutions.
- Monitoring function
- According to the provisions of Article 84 of the 1992 Constitution, the National
Assembly exercises supreme supervision over compliance with the
Constitution, laws and resolutions of the National Assembly; Review activity
reports of the President, the National Assembly Standing Committee, the
Government, the Supreme People's Court, and the Supreme People's
Procuracy.
- The National Assembly's oversight function is carried out through the
supervision activities of National Assembly agencies such as the National
Assembly Standing Committee, the Nationalities Council, National Assembly
Committees and National Assembly Delegates.
- Function to decide important issues
- As the highest state authority, the National Assembly decides on the country's
socio-economic development plan; decide on national financial and monetary
policies; decide on State budget estimates and State budget allocation;
approve the total settlement of the State budget; regulate, amend or abolish
taxes.
- The National Assembly decides to establish and abolish ministerial-level
agencies of the Government to newly establish, merge, divide, and adjust the
boundaries of provinces and centrally run cities; establishment or dissolution
of special administrative-economic units.
- The National Assembly decides matters of war and peace; regulations on
states of emergency and other special measures to ensure national defense
and security.
- The National Assembly decided on a general amnesty through a referendum.
- In the field of foreign affairs, the National Assembly decides on basic foreign
policy; ratify or annul international treaties that Vietnam has signed or
participated in at the request of the President.

Organizational structure
- The National Assembly consisted of 499 elected deputies.
- Chairman of the National Assembly
- Standing committee
 - Commission on People's Aspiration
- Commission on Delegate Affairs
- Legislation Research Institute
- National Assembly Office
- Council on Ethnic Minorities
- Committee on Laws
- Committee on Justice
- Committee on Economy
- Committee on Finance - Budget
- Committee on Defense and Security
- Committee on Culture, Education, Youths, Teenagers and Children
- Committee on Social Affairs
- Committee on Science, Technology and Environment
- Committee on External Relations
Other agencies that are elected by the National Assembly, but function
independently, are:
- National Election Council
- State Audit Office

The People’s Council

Position
- The People's Council shall decide on local issues provided by the law; supervise
conformity to the Constitution and the laws at local level and the implementation of
the resolutions of the People’s Council.
Function
- Function in deciding policies and measures
- The representative nature
- Local self-management
- Surveillance function
- Supervise People’s Committee
- Generally supervise over the implementation of the Constitution and laws within
the respective administrative unit.
Organizational structure
- Divided into 3 levels:
- Province
- District
- Commune
National Assembly People’s council
Legal status -Is the highest representative body -The agency representing the
of the people will and aspirations of the local
-The highest state authority of the people
Socialist Republic of Vietnam -Local state power agencies

Function - Constitutional, legislative -Not available

-Decide important issues of the -Function to decide on important
country local issues
-supreme supervision -Supervise local state agencies
Method of -Elected by voters nationwide - elected by local voters
establishme - Term: 5 years (can be shortened - term: 5 years
nt or lasting but not exceeding 12
months unless there is a war)

Method of -Conference mode (session), -Conference mode (session),

operation decision by majority. decision by majority.

organizational -National Assembly Standing - Standing People's Council

structure Committee

Question 2:
Choose the correct letters A-D. Give the reasons for your decision: A. A legal rule is the
smallest unit of the law; B. A Legal norm is the smallest unit of the law; C. A legal norm is an
article of a statute; D. No correct answer
Choose B.
A legal norm is the smallest unit of the law

- According to Hans Kelsen’s Textbook

“Law is made up of legal norms and legal acts determined by these norms”
- Vietnamese textbooks
“Law includes a set of norms”. Each norm is considered as the smallest unit of the law.

Question 3: True
Read the following statement and decide T/F. Reason
“Criminal Law is considered as a field of public laws”
Public laws are laws that apply to the nation as a whole or a class of individuals.
Criminal law, as distinguished from civil law, is a system of laws concerned with crimes and
the punishment of individuals who commit crimes.
Criminal law is considered public law because it concerns issues affecting society. For
example, criminal prosecution involves the government, while the victims of crime can be
members of the public. Example of public laws include constitutional law, criminal law,
administrative law and international public law. Public law deals with the relationship
between individuals and the government, and criminal law specifically addresses offenses
against the state or society. It sets out the rules and regulations regarding conduct that is
prohibited because it is considered harmful or threatening to the public order. Criminal
offenses are prosecuted by the state, and if individuals are found guilty, they may face
penalties such as imprisonment, fines, or other forms of punishment.

Question 4: (Artical 56) Nguyen Van A who is 25 years old, a driver of Thanh Hoa
Company. On October 2019, A had a responsibility for bringing the waste oil of his company
to Thanh Mai commune, Thanh Xuan district, about 70 km from the company. A crashed into
Mr.B’s car because of passing the red light. It caused Mr B to be slightly injured and
damaged to B’s car. A was issued a sanctioning decision by a traffic police officer. With A’s
violation, the decision provided that A shall be imposed a fine of 500.0000VND. Determine
types of liability which A has to in this situation? Explain why?

Nguyen Van A could potentially face two types of liability:

1. Administrative Liability:
● Reasoning: A violated traffic regulations by passing a red light, resulting in an
accident and harm to another person. This is a clear violation of administrative law
and regulations regarding traffic safety.
● Consequences: A was issued a sanctioning decision by a traffic police officer,
imposing a fine of 500,000 VND. This penalty is an example of administrative liability,
aimed at enforcing compliance with public regulations and preventing future
violations, according to Article 24 and Article 38 in laws on handling of administrative
violations 2012.
2. Civil Liability:
● Reasoning: Mr. B sustained physical injury and damage to his car due to A's traffic
violation. A's actions have caused harm to another person's health and property,
creating a civil liability for compensation.
● Consequences: Mr. B has the right to file a civil lawsuit against A seeking
compensation for medical expenses, car repairs, and any other damages caused by
the accident. The amount of compensation would be determined by the court based
on evidence of the incurred expenses and potential future consequences, according
to Article 584 and Article 585 in Civil Code.
Therefore, A needs to bear both administrative liability for violating traffic regulations and
civil liability for compensating Mr. B for the damages caused by his negligence.
 TEST 17
Question 1: Differences between the law and morality

Similarities:
● Promote social order: Both aim to maintain a functioning society by regulating
behavior and encouraging desirable actions.
● Share some core principles: Many legal systems are based on moral values like
fairness, justice, and respect for human dignity.
● Can influence each other: Laws can be informed by evolving moral standards, and
societal morals can shift in response to legal changes.
Differences :
Definition
Law is the system of rules which a particular country or community recognizes as regulating
the actions of its members and which it may enforce by the imposition of penalties. On the
other hand, morality is the set of ethical principles that define what is morally right and
morally wrong. Thus, this is the main difference between law and morality.
Enforcement
Law is enforced by the ruling bodies of a country; state or a community while there is no
such a significant body to enforce moral codes; however, they are followed by those that are
taught by the religious teachings and social ethics. Hence, this is a difference between law
and morality.
Constitution
Moreover, another difference between law and morality is that laws create the constitution of
a country whereas there is no direct connection with the constitution in morality.
Emergence
Besides, morality emerged before the ideal set of laws. Therefore, morality influenced the
emergence of laws in a community or a country.
Sanctions and Punishments
Sanctions and punishments are also a major difference between law and morality. There are
direct punishments for those who violate the law while there are no such enforced direct
punishments for those who do immoral acts.
Effect
Law is direct and rough with punishments whereas morality can be followed or not according
to the person’s choice. However, it is this quality of law that ensures the morality of people.
SO, this is another difference between law and morality.
Examples:
● Overlapping: Stealing is both illegal and considered immoral in most societies.
● Law only: Traffic regulations are legal requirements but may not be inherently linked
to specific moral principles.
● Morality only: Sharing resources with those in need might be considered morally
obligatory but isn't always enshrined in law.

Question 2: (Article 114 of the constitution of VN) Read the following statements and
decide whether the statements are true (T) or false (F). Give the reasons for your decision.
"The People's Committee is a local state power agency under The Constitution 2013 of The
Socialist Republic of Vietnam"

True due to (chép cả 2)

Reasons for True:
● Article 113 of the 2013 Constitution:
○ The Constitution of The Socialist Republic of Vietnam (2013) explicitly defines
the People's Committee as a local state power agency.
○ Article 113, Clause 1 states: "The People's Council is the local state power
body, representing the will, aspirations and right to mastery of the local
people, shall be elected by the local people, and is responsible to the local
people and state agencies at higher levels."
○ Clause 2 of the same article further elaborates: "The People's Council shall
decide on local issues as prescribed by a law; and supervise the observance
of the Constitution and laws in its locality and the implementation of its own
resolutions."
● Executive Body of the People's Council:
○ The People's Committee is established and operates under the People's
Council at the same level.
○ It acts as the executive body of the People's Council, responsible for
implementing its decisions and resolutions.
 ○ Article 114 of the Constitution defines the People's Committee as the "local
state administrative body" and outlines its responsibilities.
● State Power Agency:
○ The Constitution clearly establishes the People's Committee as a part of the
state power structure in Vietnam.
○ It has the authority to make decisions and take actions within its jurisdiction,
affecting local governance and administration.
Therefore, based on the specific provisions of the 2013 Constitution, the People's
Committee fulfills the characteristics of a local state power agency.

Question 3: D
Choose the correct letters A-D. Give the reasons for your
"Article 188. Smuggling. I. Any person who conducts deals in the following pro across the
border or between a free trade zone and the domestic market again the le shall be liable to a
fine of from VND 50,000,000 VND 300,000,000 or face a penalty of 06-36 month
imprisonment "of the Penal Code 2015
A. This article is a legal norm B. No sanction in this article
C. All Vietnamese are subjects of the relationship prescribed by this article.
D. This is a regulation of the criminal law"
● Article 188 explicitly deals with "Smuggling," which is a crime.
● The article describes the actions that constitute smuggling, which is a violation of
criminal law.
● The article outlines the potential punishments for committing smuggling, including
fines and imprisonment.
● These punishments are typical of criminal law, as opposed to civil law or
administrative law.
Therefore, based on the content and nature of the article, it clearly falls under the category of
criminal law regulations.

Question 4:
Nguyen Van A who is 25 years old, a driver of Thanh Hoa Company. On October 19th 2019
A had a responsibility for bringing the waste oil of his company to Thanh Mai commune
Thanh Xuan district, about 70 km from the company. However, he did not want to go far, A
poured all the waste oil into the pond of Mr his Company. It killed all the fish C, nearby in the
pond. Please indicate types of liability that can be applied to this situation.
● Civil Liability:
The pollution caused by the waste oil could be considered a damage to Mr. C’s
properties (the pond and kill mr C fish). They could sue A for the inconvenience and
discomfort caused by the pollution, and A could have to compensate.
Due to Article 584, clause 1 in Civil Code 2012: “A person harming the life, health,
honor, dignity, reputation, property, or other legal rights or interests of another
person, thereby causing loss and damage, must compensate [for such loss and
damage]“

● Additionally, Administrative Liability could be applied because A dumped the

waste oil (which could be considered as untreated contamination) into the pond and
this behavior harms the environment (according to the provisions of Article 7 of the
Law on Environmental Protection 2020) and the administrative penalty level will
depend on the volume of waste discharged into the environment (based on Article 24
in Civil Code 2012)

● Furthermore, Mr A may be applied Discipline liability because Mr A not fullfill his

responsibility with the task that he was assigned to :” bringing the waste oil of his
company to Thanh Mai commune Thanh Xuan district, about 70 km from the
company”