FOREIGN TRADE UNIVERSITY FINAL EXAM QUESTIONS

HCMC CAMPUS INTRODUCTION TO LAW (PLUE111)

DEPARTMENT OF ECONOMICS AND LAW
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PAPER NO.: 01
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Semester: II Academic year: 2023 – 2024
Full-time/Part-time: Full-time
Class code: 211-242
Form of Exam: Take-home assignment

Required:
You are required to prepare a report on the topic of ‘Party Autonomy in Contractual Choice
of Law in Vietnam’ addressing the query with the following format:

No Title Content/discussion
1.0 Introduction Provide an overview of the concept of party autonomy in
(1 mark) contractual choice of law. Discuss its significance in international
contracts and its implications for cross-border transactions.
2.0 Main body Legal Framework Governing the Party Autonomy Principle
(7 marks) in Contractual Choice of Law in Vietnam: Outline the legal
framework in Vietnam that governs party autonomy in
contractual choice of law. Refer to relevant rules that establish
and regulate this principle. (1.5 marks)

Statutory Restrictions on Party Autonomy in Vietnam:

Discuss the statutory restrictions on party autonomy in Vietnam.
Identify specific limitations imposed by Vietnamese law on the
parties' ability to choose the governing law of their contract.
Provide examples of circumstances under which Vietnamese law
might override the parties' chosen law. (1.5 marks)

Judicial Practice on the Party Autonomy Principle in

Contractual Choice of Law: Examine how Vietnamese courts
have interpreted and applied the principle of party autonomy in
contractual choice of law. Analyze key judicial decisions that
have shaped the understanding and application of this principle in
Vietnam. Highlight any trends or notable case law. (2 marks)

Evaluation on the Party Autonomy in Contractual Choice of

Law in Vietnam: Discuss whether the current legal framework
adequately protects the interests of the parties while ensuring
fairness and justice. (2 marks)
3.0 Conclusion Provide a conclusion which is fitting for the discussion and
(1 mark) summarise relevant recommendation based on the report.
4.0 References List all the relevant references used in your report in accordance
(1 mark) with the APA Referencing system. In-text References and
Bibliography required

Assignment submissions

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The assignment needs to be typed, in the following format: Font Times New Roman, Font size
12 point, spacing 1.5, left and right margins set at 2.5. The pages need to be numerated. The
maximum length is 3000 words, bibliography excluded.
Be sure to include: Title Page (your full name, class and student number are required).
For Turnitin check, completed scripts must be initially submitted via MS Teams (File Name:
No._ Student’s Full Name_Student’s ID_Class Code). Ex: 12_Nguyen Dinh Manh_
2055129612_ML242 (Please see the No. in the Attendance check list). Submissions must be
made as a MS Word file.
Students are required to print out their assignments and submit them in person in accordance
with the time and place advised by the University.

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Marking Rubric

Criteria Fail <50% Pass: (50-64%) Credit: (65%-74%) Distinction: (75-84%) High Distinction:
(85%-100%)

Introduction The objectives of the Some attempt made in The attempt made on this A very good attempt An outstanding
report have not been capturing the section is average. made. It has given introduction which
1 mark
attention. The objectives of the Theconcept of party attention to the concept has clearly set out the
concept of party report. There is some autonomy in contractual of party autonomy in agenda of the report.
autonomy in mention of the choice of law and its contractual choice of law The concept of party
contractual choice of concept of party significance in and its significance in autonomy in
law and its autonomy in international contracts international contracts contractual choice of
significance in contractual choice of are given some attention. law and its
international law and its significance in
contracts have not significance in international contracts
been space in the international contracts have been given
introduction. However, it lacks adequate space.
depth

Main body The party autonomy An attempt has been Some effort has been The key elements of There is evidence to
review has not been made to review the made to review the party party autonomy have suggest the party
7 marks
enough space. The party autonomy. autonomy. Also, an been reviewed. The autonomy is well
discussion has not However, the attempt has been made to discussion has also been understood by student.
been done in the discussion has not support discussion with supported with some Aspects of this
context of contract been done in the some established cases established case studies principle been
given. context of the and academic papers. and academic papers identified and expertly
contract. discussed

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Conclusion & The conclusion and An effort has been An average attempt Overall, a very good An outstanding
Recommendation recommendation are made to provide a made to provide a conclusion based on the conclusion and
very weak. The link summary and some summary of the key sections of the recommendation. It
1 mark
between this section form of discussion. The report. The represents a solid
and questions is recommendation for recommendations recommendations are summary of report.
difficult to establish. the discussion. provided have not clearly based on the discussions The recommendations
Could significantly Although relevant the been justified but and laws used for the are relevant and
improve. link with case study is relevant to a very large report. They are relevant justified. The
not very clear. extent in the context. to the contract review. discussion also has
depth.

References The requirements of An attempt has been An average attempt has A near perfect use of The referencing is
APA referencing made to follow APA been made on APA APA referencing. Both outstanding. It has
1 mark
have not been requirements requirements. There are citations and reference been done with some
followed. Citations however, there a few issues. The quality list appended are attention to detail.
within the report is significant errors. of articles used for the presented well. A good APA requirements
weak. Reference list Internet references for could also improve. set of quality of articles have been strictly
has not complied example are not done Citation could improve. and books used. adhered to.
with APA well.

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