*Note:
Phân biệt Emergency, Unexpected event, Force majeure event
Emergency: few seconds to think
Unexpected event: no time to think,vi phạm theo quán tính, Phản xạ, phản
ứng theo thói quen của cơ thể
Force majeure event: have many time to think
Các bước làm câu administrative relations
B1 : ít nhât 1 bên có state power ko?
B2: - có hành vi quản lý hành chính nhà nước hay không?
/ - có hành vi thuộc quản lý hành chính hay ko?
(government cabinets , pp’s committed )
B3: yêu cầu – nghe lời (ko đàm phán)
Các bước giải các câu Violate or not Violate Administrative law
B1: có fail to perform administrative law ko?
B2: đủ năng lực trách nhiệm ko? Xét tuổi, xét nhận thức
Các bước giải các câu bear liability for their failure to obey law
B1: có violate administrative law ko? (bao gồm các bước trên)
B2: có rơi vào các trường hợp ngoại lệ ko? ko => bear liability
Force majure events/cases - Natural disaster
- Fire (phải là do tự nhiên bị cháy, ko phải do con người tự tạo)
Except: covid 19 (vẫn chưa dc công nhận là bất khả kháng) —-------------- 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 —-------
4. 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
5. Which of the following may not be sanctioned for their administrative violation?
A. A 18-year-old student drove into a bicycle to avoid a car suddenly turning right.
B. A 22-year-old girl walk in the middle of the road when she was drunk.
C. A 19-year-old boy addicted to drugs stole 500,000 dong D. All of the above
6. What of the following may be subject to administrative handling measures?
A. A 35-year-old British man gambled for money at his workplace
B. A 12-year-old boy stole a motorbike
C. A 25-year-old woman nursing 40-month-old baby provided prostitution D. All of the above
7. Which of the following is an administrative violation?
a. A 15-year-old girl prostitutes herself
b. A 17-year-old boy possesses drugs
c. A 19-year-old student cheats in his final examination d. All of the above
8. According to the law on handling of administrative violations 2012,
the following violation is NOT a subject to administrative sanctioning
because of___________Thanh, 34 years old, broke his friend’s
bedroom window to escape when he found out that the glass roof was
falling down and the bedroom door was blocked by his friend when he went out
a. Committing the violation in an emergency circumstance
b. Committing the violation due to an unexpected event
c. Committing the violation due to a force majeure event
d. Committing the violation for the legitimate defense
9. 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
10. Who of the following may be sent to compulsory detoxification when they use drugs?
a. An 18-year-old Vietnamese student b. A 20-year-old foreigners
c. A 22-year-old Vietnamese pregnant woman d. None of the above
11. 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
12. Which of the following is not an administrative relation?
a. A judge of Binh Thanh people’s court fined an individual 1 million dong
due to their disorder behavior at a court’s session
b. Binh Duong people’s committee hired a company to re-pain their building office
c. IU students registers their business establishment at Ho Chi Minh
department of planning and investment d. All of above Ans: 1. B 2. B 3. A 4. C 5. A 6. C 7. A 8. A 9. A 10. D 11. D 12. B Quiz lớp cô Thảo: BDBCD ACBAC CACCA BCACA