BUSINESS LAW Final official quiz Duration: 45 minutes
Answer the following questions in compliance with the civil code 2015, civil
procedure code 2014, and law on commercial arbitration 2010.
1. Which of the following is a contract?
a. An agreement on depositing 500 million dong to buy an apartment in the
Sora Garden project between Becamex Tokyu Company and Thao
b. An agreement on compensating Huy 180 million dong against damages
caused by a car accident between Tho and his wife
c. An agreement on choosing commercial arbitration as a dispute
settlement methods between Young Dong Vina Company and Lam d. All of the above
2. Which of the following is a business contract?
a. A loan agreement between IU and BIDV
b. An arbitration agreement between Vingroup and An Thai JSC
c. An investment cooperation agreement between Kido and Capiland JSCs d. None of the above
3. Which of the following contracts is valid?
a. A verbal agreement on the purchase of Quang parent’s house between
Quang and Thinh, who are 19 years old
b. A written loan agreement between Home Credit and Hong, who is 17 years old
c. A written agreement on franchise between companies’ legal
representatives when they are completely drunk d. None of the above
4. Tuyet requested Que to return her Hermes bag when she saw Que using it
because she sold the bag to Trang when she was totally drunk. Que has to
return the bag if______________________.
a. She possessed the bag as requested by Trang b. She was given the bag c. She borrowed the bag 1 d. All of the above
5. Which of the following person in LLCs can sign a business contract? a. Any company members b. The company director
c. The company’s legal representative
d. The chairperson of the members’ council
6. Who of the following individuals can book a grab bike by themselves? a. An 18 year old student
b. A 25 year old man who is almost drunk.
c. A 27 year old woman who has a depressive order. d. All of the above
7. On 10th May 2021, Tho agreed to buy a house owned by Thuy, Thuong and
Duc for 3 billion dong. On 15th May 2021, Tho signed a contract on
transferring the house ownership with Thuy, Thuong and Duc. Under the
contract, Thuy, Thuong and Duc do not have _______________________. a. A joint obligation b. An indivisible obligation
c. An obligation to hand over an object d. None of the above
8. When will the parties perform their obligation if there is no agreement in the following case?
‘Kane Limited Liability Company asked Phuong to draft a contract on the
international sale of goods for them. In compensation, Kane Ltd. Co. would
pay 30 million dong for a draft contract provided by Phuong. Under the
contract, both parties have 30 days to complete their obligation.’
a. Kane Ltd. Co. pays 30 million dong, then Phuong drafts a contract
b. Phuong drafts a contract, then Kane ltd. Co. pays 30 million dong
c. Phuong and Kane Ltd.Co perform their obligation concurrently
d. Anyone can perform first as long as they notice each other in advance 2
9. In which of the following cases will a person ___ who cannot hand over an object on time bear liability? ___
a. When his vehicle transporting the object got hit by another truck when it stopped at the red light
b. When he decided not to hand over an object because the buyer has not
completed his payment obligation
c. When he postponed his obligation to hand over an object d. None of the above
10. If a party wishes to terminate their contract from the beginning when one
side commits a material breach of contract, they should ___________.
a. Unilaterally terminate the contract b. Cancel the contract
c. Stop their contract performance d. All of the above
11. When Phong Vu requires a customer to give them 20 million dong before
they order a mainboard for him. The 20 million dong is known as ________. a. Deposit b. Security collateral c. Escrow account d. None of the above
12. Which of the following property cannot be mortgaged? a. A motorbike b. An apartment c. A Rolex watch d. None of the above
13. Which of the following is a commercial dispute?
a. A dispute related to an investment cooperation agreement between an individual and a company
b. A dispute related to dividend payment between a JSC and a shareholder 3
c. A dispute related to a loan agreement between a LLC and the company’s member. d. All of the above
14. Which of the following dispute settlement methods is not an adjudicative method? a. Litigation b. Arbitration c. Mediation d. None of the above
15. Which of the following courts’ judgment can be appealed?
a. An invalid first instance court judgment
b. An invalid re-opening court judgment
c. An invalid appellate court judgment d. All of the above
16. To which of the following organs may disputers send a request for re-
opening procedures if they are not happy with a first instance judgement
issued by a district people’s court in the south of Vietnam?
a. The provincial people’s court
b. Ho Chi Minh people’s high court
c. The supreme people’s court
d. National Assembly’s standing committee
Tái thẩm ở toà án nhân dân cấp cao
17. In which of the following case will a dispute ___ related to a franchise
contract between two individuals be settled by a commerci ___ al arbitration?
Này ko phải là commercial dispute nên ko dc settle bởi arbitration
a. They made a verbal arbitration agreement when the dispute arises
b. They made a written arbitration agreement in the franchise contract, which is invalid
c. They made a written arbitration agreement after the dispute arises, but
they did not name an arbitration centre in the agreement d. None of the above 4
18. In which of the following case can an arbitral award be cancelled by courts?
a. Arbitrators settled a dispute related to the protection of intellectual
property rights between a Chinese company and a Vietnamese company
b. Arbitrators made typing mistakes in the arbitral award
c. Arbitrators used the English language to settle the dispute d. All of the above Problem solving 1
On 3rd July 2018, Khanh emailed Hien as follows:
‘I offer to buy house no. 6020 in Midori park, Bui Thi Xuan Street, Hoa Phu,
Thu Dau Mot, Binh Duong for 8.9 billion dong. Payment by 1 billion check, tomorrow
and 7.9 billion by certified or cashiers funds not later than 17th August 2018.
A standard form contract will be delivered to seller within 48 hours. Seller will
pay only 50% normal transfer taxes and a 3% commission to a broker, Tuyen. All
other costs of closing will be paid by buyer.
The contract will contain a financing requirement for buyer, but buyer will
guarantee closing and not invoke the financing contingency.’
On 4t hJuly 2018, Khanh presented a deposit check of 1 billion dong to Hien. Hien received the check.
On 5th July 2018, Tuyen sent an email to Hien as follows:
‘It was a pleasure meeting you yesterday. Enclosed with this folder are all
the documents needed to complete the sale of your home. The basic Real Estate
contract, along with a couple of documents I need you to fill out to ratify the
contract. The first is a Disclosure/Disclaimer. You can either fill out the first 3
pages (the Disclosure) or you can just sign the last page (the Disclaimer). Also
included is a property fact sheet. This is just basic information on the property that
needs to accompany the contract. Khanh is so excited about your home. If you have
ANY questions please feel free to call me or have someone near you look over the
contract. Rest assure[d] that we want this to go as smooth as possible for you and
Khanh asked me to tell you if there is anything they can do please feel free to ask. I
look forward to hearing from you.
You can either fax me the contract and disclaimer back or I'll include a Fed-
X envelope for you to send back.’
On 6th July 2018, after receiving the package of documents, Hien read the
contract and addenda. Hien signed the contract and addenda on the majority of the
signature lines, but Hien crossed out and did not sign the financing contingency
provisions in paragraphs 20 and 21. After reviewing the documents, Hien did not 5
return the documents to Khanh or Tuyen, however. Nor did she otherwise
communicate to the Khanh or Tuyen that she signed the contract.
After a week or so had passed, Hien communicated to Khanh that she was
taking the property off the market.
19. When will Khanh’s offer take effect? a. On 3rd July 2018 b. On 4th July 2018 c. On 5th July 2018 d. On 6th July 2018
20. Can Hien take the property off the market?
a. No, because Hien accepted the deposit check
b. No, because Hien signed the contract
c. Yes, because Hien did not enter into the contract
d. Yes, because Hien informed Khanh before she replied to his offer Problem solving 2 On 22
nd December 2018, Hansae Vina Limited Liability Company (Hansae Vina)
and Thinh signed a sale of goods contract no. 01-2018/MB-TD-TC. Under this
contract, Hansae Vina would provide Thinh with garments for no. 11037, 11037PL,
351004, and IJ99002. Particularly, Hansae Vina had to delivery 200 pairs of each
garment to Thinh’s business place in Tan Uyen, Binh Duong by 22 nd February 2019.
Meanwhile, Thinh would split the payment of 305.611.000 dong for all of the products in four payments as follow:
- The first payment on 22 March 2019: 70.000.000 dong nd
- Second payment on 8th April 2019: 73.000.000 dong
- Third payment on 10th April 2019: 50.000.000 dong
- Fourth Payment on 25th April 2019: 112.611.000 dong
In the performance of the contract, Hansae Vina hired Truc Vy Transport Company
to transport the products from their factory in Ben Cat, Binh Duong to Thinh. From 1st
February 2019 to 25th February, Hansae Vina delivered the following garments to Thinh:
- 1st February 2019: 200 pairs of garment no. 11037
- 10th February 2019: 200 pairs of garment no. 11037PL 6
- 18th February 2019: 200 pairs of garment no. 351004
- 25th February 2019: 200 pairs of garment no. IJ99002
After receiving these deliveries without opening the delivery boxes, Thinh exported
the products to Korea and completed the payment on 22 nd March, 8th April and 10th
April 2019. However, until 30th May 2019, Hansae Vina still had not received the final
payment even though they reminded Thinh many times. On 15th June 2019, Thinh
emailed Hansae Vina to inform that he will not complete the final payment as his
partner in Korea complained that they found sewing mistakes on most of the garments no. 351004 and IJ99002.
As they disagreed with each other, Thinh and Hansae Vina agreed in writing to take
the case to VIAC arbitration centre to settle their disputes
21. Why can Thinh split his payment into four payments?
a. Because the payment obligation is an obligation which can be separated
b. Because the payment obligation is a divisible obligation
c. Because the payment obligation is a periodic obligation
d. Because the payment obligation is an optional obligation
22. How can Hansaen deliver the garments if there is no agreement between the parties?
a. It can make several deliveries at any time before 22 Feb 2019 nd
b. It has to make several deliveries at any time before 22 Feb 2019 nd
c. It has to make one delivery at any time before 22 Feb 2019 nd
d. It has to make one delivery on 22 Feb 2019 nd Slide 68
23. What is the delivery made on 25th Feb 2019? a. A delivery on time b. A delayed delivery c. A postponed delivery d. None of the above
24. Can Thinh postpone his last payment?
a. Yes, because Hansae Vina provided products with mistakes
b. Yes, because Hansae Vina failed to make the last delivery on time
c. No, because Hansae Vina completed their obligations 7
d. No, because Hansae Vina requested Thinh to complete his payment.
25. Where should Hansae Vina send a lawsuit petition? (on the assumption that
Hansae Vina is located in Binh Thanh, Ho Chi Minh, while Thinh resides in Thu Dau Mot, Binh Duong) a. Thu Dau Mot people’ court b. Tan Uyen people’s court c. Ben Cat people’s court d. None of the above 8