Labor Law Legal Review_ Vietnamese Legal System Final Exam (Laws 101) | Học viện Tòa án
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INTRODUCTION TO VIETNAMESE LEGAL SYSTEM
FINAL EXAMINATION – LABOR LAW ││LAW ON ENTERPRISES
PART I: MCQs – GENERAL QUESTIONS LABOR LAW
1. Which of following relations is a civil relation?
b. The relation arising when Dae Sung Company requested Vietnam International
Arbitration Centre to settle its dispute with Kane Company.
c. The relation arising when Dae Sung Company registered with the Industrial Zone
Authority its three at sites plan. d. All of the above
2. Which of the following is a labor relation?
a. A relation arising when an employer applied for a work permit for its foreign employee
b. A relation arising when an employer paid for an employee as he provided meals for the year end parties
c. A relation arising when an employer handled its employee’s violations
3. Which of the following is a labor relation?
a. A relation arising when an employee lent his employer 2 billion dong
b. A relation arising when an employee requested his employer to pay salary for his extra working hours
c. A relation arising when an employee invested 200 million dong into its employer d. All of the above
4. In which of the following cases can an employer immediately terminate
contracts with an employee?
a. The employer has to narrow its business due to the Covid-19.
INTRODUCTION TO VIETNAMESE LEGAL SYSTEM
b. The employee spread the COVID-19 to 100 other employees in the company. . d. All of the above
5. In which of the following cases can an employer immediately terminate
contracts with an employee?
a. The employee snuck out the factory for a drink without permission when the
employer is on the three on sites plan due to the Covid-19. .
c. The employee hit the general director when he was drunk. d. All of the above
6. Kiet, who earns 36.248.000 dong a month, has to work 8 hours a day and 5
days a week. On Monday 3rd January 2022, he works 4 hours overtime from
6am to 10am. How much salary will Kiet get in January? (assuming that Kiet
works 20 days in January 2022) a. 37.607.300 dong c. 39.782.180 dong d. None of above
7. In which of the following cases can an employer unilaterally fire an employee?
a. The employee regularly fails to perform their job.
b. The employee caused a company s production suspension because he spread
the COVID-19 to 100 other employees in the company. d. None of the above
8. What kind of allowance will an employer have to pay for an employee when the
labour contract between them is terminated due to re-organisation of the
employer?______________________. redundancy pay
9. Kiet, who earns 36.248.000 dong a month, has to work 8 hours a day and 5
days a week. On Tuesday 1st January 2019, he had to work 4 hours overtime
INTRODUCTION TO VIETNAMESE LEGAL SYSTEM
from 6pm to 10pm. How much salary will Kiet get in January? (assuming that
Kiet works 23 days in January 2019) a. 36.839.000 dong c. 39.321.200 dong d. None of above
10. Which of the following is a labor relation?
a. Dung (who is an employee) requested Vietnam Social Insurance to pay her some COVID-19 support fund. .
c. Thang (who is an employee) requested Dung (who is an employer) to lend him 3 million dong. d. All of the above
11. Which of the following is a labor relation?
a. A family hired a man to fix their bathroom. .
c. Ho Chi Minh department of Labor, War invalids and Social affairs inspected labor law compliance of a company. d. All of the above
12. In which of the following cases may an employee be fired?
b. When an employee regularly sleeps during working time hours
c. When an employee failed to pay personal income tax d. All of the above
13. On 31st May 2021, a company needed to deliver a ton of curtain fabric to its
customer. However, by 29th May 2021, only 400 kilograms of the fabric were
produced. How many hours can the company request their employees to work
maximum on 30th May 2021 to produce enough fabric for the delivery on 31st May 2021?
INTRODUCTION TO VIETNAMESE LEGAL SYSTEM a. 8 hours b. 10 hours d. None of the above
14. Which of the following employment contracts can be made verbally?
b. An employment contract with a 12 month term
c. An employment contract without a fixed term d. All of the above
15. In which of the following cases may an employer dismiss an employee?
a. When the employee regularly fails to perform his assigned tasks → fail to complete
b. When the employee argues with the manager d. None of the above
16. Which of the following is a labour relation?
b. Tan Uyen people s court settled a dispute between an employee and his employer
c. Derhao Company Ltd. hired a lawyer to protect its rights and interests before a
court in a dispute with its client d. All of the above
17. Which of the following is a minimum salary which an employer can pay for its
employee during a probationary period?
a. 100% of the official salary b. 95% of the official salary d. 75% of the official salary
18. An employer must inform 45 days in advance when they terminate an non
fixed term employment contract with employees in case of___________.
INTRODUCTION TO VIETNAMESE LEGAL SYSTEM điều 36.1
b. Reduction of business and production due to economic reasons
c. Reduction of business and production due to re-organisation d. All of the above
19. An employer plans to recruit some employees for positions such as workers,
an office secretary, and security guards. In which of the following cases can
the employer request for a 2 month term probation period before they decide
to enter a 1 year term employment contract?
a. If an employee has a bachelor’s degree
c. If an employee has not had any experience before d. All of the above
20. If an employee thinks that an employer unilaterally terminated an employment contract with him/her illegally, he/she can send a lawsuit to _________________.
a. A district people s court where he/she resides
c. A provincial people s court where he/she resides
d. A provincial people s court where the employer resides or is located
21. In which of the following situation can an employer terminate contracts with
their employees without notice in advance?
a. In the case where an employee is in a probationary period
b. In the case where an employee is dismissed
c. In the case where an employee retires
22. How long maximum is the probationary periods applicable for an employee
who got a bachelor's degree in business and works as of a company? a. 30 days
INTRODUCTION TO VIETNAMESE LEGAL SYSTEM b. 60 days c. 90 days
23. How much will an employer spend for a Vietnamese employee if his/her
monthly salary is 5.698.000 dong?
phải trả tiền bảo hiểm cho employee : 22% a. 5.698.000 dong b. 6.723.640 dong d. 7.549.850 dong
24. Which of the following labor disputes may a people s court have
jurisdiction to settle?
a. A dispute related to applying a reprimand (caution) discipline measure in
handling violations of labor rules between an employee and employer.
c. A dispute related to salary for working extra hours between a employee and employer. d. All of the above
25. How much is the salary for n the following case?
and 5 days a week from Monday to Friday at Coca-Cola
Limited Liability Company. His monthly salary is 25.536.000 dong. In January 2021,
in order to complete the company s project before the incoming New Year holiday,
the company requested Long to work extra hours from 7pm to 11pm on the Friday 29th. In January 2021, a. 912.000 dong 25.536.000/(8*21)=152.000 7pm-10pm: 152000*150%*3 = 10pm-11pm: 152000*210%= c. 1.276.800 dong d. None of the above
26. Which of the following is a labor relation?
a. A family hired a man to fix their bathroom.
INTRODUCTION TO VIETNAMESE LEGAL SYSTEM
c. Ho Chi Minh department of Labor, War invalids and Social affairs inspected labor law compliance of a company. d. All of the above
27. In which of the following cases may an employee be fired?
b. When an employee regularly sleeps during working time hours
c. When an employee failed to pay personal income tax d. All of the above
28. How much salary for the extra working hours will an employee receive in the following case?
Under the labour contract, Thuy is requested to work for 8 hours a day and has 2
weekly days off to receive 7.224.000 dong salary for a month. On Sunday 10th
January 2021, Thuy was requested to work overtime from 6am to 8am. In January
2021, Thuy worked 22 days in total including the extra working time. a. 84.000 dong 7.224.000/(21*8)=43.000 b. 86.000 dong 43.000*200%*2= 172.000 d. None of the above
29. Which of the following labor disputes may not a district people s court have
jurisdiction to settle if the disputes have not been settled by a labor conciliator?
b. A dispute related to compensation for termination of the labor contract between an employee and employer.
c. A dispute related to salary for working extra hours between an employee and employer d. All of the above
30. How much money must an employer pay for labor insurance schemes if a
Vietnamese employee s monthly salary is 8.500.000 dong? a. 892.500 dong c. 2.762.500 dong d. None of the above
INTRODUCTION TO VIETNAMESE LEGAL SYSTEM
31. An employer plans to recruit some employees for positions such as workers, an
office secretary, and security guards. In which of the following cases can the
employer request for a 2 month term probation period before they decide to
enter a 1 year term employment contract?
a. If an employee has a bachelor s degree nhớ cái ví dụ ông có bằng tiến sĩ đi làm phục vụ
c. If an employee has not had any experience before d. All of the above
32. Which of the following persons is an employee?
a. Anh, a 14 years old girl who works for a theater as a part-time dancer
c. A company, which was hired to provide garden service for a university d. None of the above
33. Which of the following employment contracts cannot have a probation period?
a. Fixed term employment contract with a term of 3 months
b. Fixed term employment contracts with a term of 24 months
c. Non-fixed term employment contracts
34. If an employee thinks that an employer unilaterally terminated an employment contract with him/her illegally, he/she can send a lawsuit to _________________.
a. A district people s court where he/she resides
c. A provincial people s court where he/she resides
d. A provincial people s court where the employer resides or is located
35. Which of the following labor disciplinary measures may not be applied for a
foreign employee when they violate labor rules issued by their employer? a. Caution c. Firing d. None of the above
36. How much will an employer spend for a Vietnamese employee if his/her
monthly salary is 5.698.000 dong? a. 5.698.000 dong b. 6.723.640 dong
INTRODUCTION TO VIETNAMESE LEGAL SYSTEM d. 7.549.850 dong
37. In which of the following cases may an employee receive severance pay from
their employer when their employment contract terminates?
a. When he/she has worked with the employer for more than 12 months since 2010
and she/he terminates the contract legally.
b. When he/she has worked with the employer for more than 12 months since 2015 and she/he is fired
c. When he/she has worked with the employer for more than 12 months since 2017
and the employer unilaterally terminates contracts with he/she due to its re- organisation
severance pay & redundancy pay: chỉ dc tính trước khi 1/1/2009
38. Which of the following employment contracts between an employee and
employer can be made verbally?
b. An employment contract with a 12 month term
c. An employment contract without a fixed term d. None of the above
39. Which of the following is a minimum salary which an employer can pay for its
employee during a probationary period?
a. 100% of the official salary b. 95% of the official salary d. 75% of the official salary
40. In which of the following situation can an employer terminate contracts with
their employees without notice in advance?
a. In the case where an employee is in a probationary period
b. In the case where an employee is dismissed
c. In the case where an employee retires
41. On 31st May 2021, a company needed to deliver a ton of curtain fabric to its
customer. However, by 29th May 2021, only 400 kilograms of the fabric were
produced. How many hours can the company request their employees to work
maximum on 30th May 2021 to produce enough fabric for the delivery on 31st May 2021?
INTRODUCTION TO VIETNAMESE LEGAL SYSTEM a. 8 hours b. 10 hours d. None of the above
42. An employer does not have to inform 45 days in advance when they terminate
an non fixed term employment contract with employees in case of___________.
a. Reduction of business and production due to fire
c. Reduction of business and production due to Covid-19 d. All of the above
43. Which of the following appropriate terms can be chosen by an employer if
they want to sign a fixed term employment agreement with a Vietnamese employee? b. 48 months c. 60 months d. All of the above
44. How long maximum is the probationary periods applicable for an employee
who got a bachelor’s degree in business and works as a general director of a company? a. 30 days b. 60 days c. 90 days
45. Which of the following labour agreements may be signed more than 2 times for a foreigner?
a. Fixed term employment contracts with a term under 12 months
b. Fixed term employment contracts with a term of 24 months
c. Fixed term employment contracts with a term of 36 months
INTRODUCTION TO VIETNAMESE LEGAL SYSTEM LAW ON ENTERPRISES
1. Which of the following enterprises can be a state-owned enterprise? a. Joint Stock Companies b. Private enterprises c. Cooperatives d. All of the above
2. Which of the following is an enterprise?
a. Vietnam Logistic Business Association
b. Vietnam International Arbitration Centre c. Maersk Vietnam Co. Ltd d. All of the above
3. Which of the following is an enterprises? a. Vietnam Airlines b. Bamboo Airlines c. Viettravel Airlines d. All of the above
4. Which of the following enterprises can employ more than 50 employees?
a. Limited liability companies b. Private enterprises c. Joint stock companies d. All of the above
5. Which of the following enterprises cannot admit new members?
a. Limited Liability Companies b. Joint Stock Companies c. Private enterprises
INTRODUCTION TO VIETNAMESE LEGAL SYSTEM d. Partnerships
6. Which of the following is an enterprise? a. Hong Bang University
b. Baoviet Insurance Corporation
c. American international hospital d. All of the above
7. Which of the following is an enterprise?
a. Joint Stock Commercial Bank for Foreign Trade of Vietnam
b. Vietnam Bank for Social Policies
c. The State Bank of Vietnam (state power) d. All of the above
8. Which of the following enterprises can a private enterprise establish?
a. Limited Liability companies b. Joint Stock Companies c. Partnership Companies d. None of the above
9. Which of the following enterprises cannot establish a limited liability company? a. Joint stock companies
b. Limited liability companies c. Partnerships d. Private enterprises
10. Which of the following enterprises can a private enterprise establish?
a. Limited Liability companies b. Joint Stock Companies c. Partnership Companies d. None of the above
11. In____________, founders will bear unlimited liability for the enterprises debts
a. Limited liability companies
INTRODUCTION TO VIETNAMESE LEGAL SYSTEM b. Joint Stock companies c. Partnership companies d. None of the above
12. Which of the following enterprises cannot establish a limited liability company? a. Joint stock companies
b. Limited liability companies c. Partnerships d. Private enterprises
13. In which of the following enterprises will owners bear limited liability to all the enterprises debts
a. Limited liability companies/ JSC b. Partnership companies c. Private enterprises d. Both a and b
14. Which of the following enterprises cannot issue bonds? a. Joint Stock companies
b. Limited Liability companies c. Partnership companies d. None of the above
15. In order to establish an enterprise, an investor can submit their dossiers to
___________ where the enterprise s transaction office will be located.
a. Ministry of planning and investment
b. Provincial department of planning and investment
c. District department of planning and investment d. None of the above
16. Investors can buy some bonds from__________________. a. Partnership companies b. Private enterprises c. Joint Stock Companies
INTRODUCTION TO VIETNAMESE LEGAL SYSTEM d. None of the above
17. In which of the following enterprises can a limited liability company invest into __________________. a. Partnership companies b. Private enterprises c. Cooperatives d. None of the above
18. Which of the following is an enterprise? a. HSBC bank limited b. Hoa Sen University
c. Ho Chi Minh television (HTV) d. All of the above
19. Which of the following may establish a private enterprise? a. The state b. An 18 year old student c. A 27 year old foreigner d. All of the above
INTRODUCTION TO VIETNAMESE LEGAL SYSTEM
PART II: MCQs – CASE STUDY LABOR LAW CASE 1:
Dung was employed to work for PUL Limited Liability Company (hereafter PUL) in
January 2006 under a 3-year contract.
After the contract expired, Dung signed another 3-year contract. Currently Dung has
been working under a 5-year contract with a 16 million dong monthly salary.
In December 2016, the PUL s CEO called for a meeting to discuss Dung s regular
failure to complete work on time. However, Dung has not got better since then.
Therefore, PUL wants to terminate the contract with Dung.
Question: How much allowance will Dung be given in the case that the contract
terminates on 1st August 2017? CASE 2:
On 22nd August 2012, Chau and R. Limited Liability Company entered a probationary
contract to work as a chemist at the company’s lab. After two months of probation, Chau
and R. Ltd Company signed an official employment contract. During the time working at
R. Ltd. Company, Chau signed the following contracts:
- On 21st October 2012, Chau and R. Ltd. Company signed the contract no. RT118/1
with a term from 21st October 2012 to 20th October 2013. fixed term
- On 21st October 2013, Chau and R. Ltd. Company signed the contract no. 118/H?-RT fixed term
with a term from 21st October 2013 to 20th October 2014.
- On 21st October 2014, Chau and R. Ltd. Company signed the contract no. 119/H? RT
with a term from 21st October 2014 to 20th October 2017. Under this contract, Chau s
monthly salary was 7.969.173 dong. non fixed term
- On 21st June 2017, Chau had a big argument with her colleague, Linh. On 25th June
2017, as Chau saw Linh talking behind her back, she slapped Linh s face. Since then,
Chau and Linh kept having big arguments at work.
INTRODUCTION TO VIETNAMESE LEGAL SYSTEM
- On 25th July 2017, R. Ltd. Company recorded in writing the arguments between Linh
and Chau. In order to solve the issue, on 28th July 2017, R. Ltd. Company decided to
move Chau to the department of statistics. Chau disagreed with this arrangement.
After this, the company negotiated to compensate Chau 1 month of salary to terminate
the contract with Chau. Chau still disagreed with this offer.
On 19th August 2017, R. Ltd. Company issued a decision no. 19082017/Q?KL-RT to
dismiss Chau due to the disagreements with a colleague at work. Before being fired,
Chau s monthly salary was 7.967.200 dong. Questions:
a/ If Chau was not happy with the Company decisions related to contractual
termination, which court can she request to settle her disputes in this case? district
b/ What type of employment contracts is contract no. 119/H? RT? non fixed term
c/ How much will Chau have to pay for social, unemployment, and health
insurance in total? 7.967.200*10.5%=836556
d/ If on 19th August 2017, Chau submitted a resignation letter from 1st September
2017 to R. Ltd Company. After receiving the letter, the company accepted Chau s
letter. How much salary will the
for Chau in August if on
Friday 11th August 2017, Chau was requested to work 2 hours extra from 5pm to
7pm? (on assumption that Chau worked 23 days in August and the company s
normal working hours were 8 hours/day from Monday to Friday). How much is the
salary for overtime working hours in the following case? 129900 MCQs:
Question: If R. Ltd Company proves that they have one of the reasons regulated at
article 36 of the labor code 2019, how long will they have to inform Chau in advance
to legally unilateral terminate the contract? a. 03 days b. 15 days c. 30 days
Question: If on 10th January 2022, Chau submitted a resignation letter to quite the job
from 15th January 2022 to R. Ltd Company. After receiving the letter, the company
INTRODUCTION TO VIETNAMESE LEGAL SYSTEM
accepted Chau s letter. How much salary does the company have to pay for Chau
in January if on Saturday 1st January 2021, Chau was requested to work 2 hours
extra from 5pm to 7pm? (on assumption that in January 2022 the company has 20
working days and the company s normal working hours were 8 hours/day from Monday to Friday) a. 297.000 dong b. 386.100 dong c. 3.861.000 dong d. 3.950.100 dong
Question: What type of employment contracts is the contract the R. Ltd.
Company terminated on 10th January 2022?
a. Casual employment contracts
b. Fixed term employment contracts
c. Non-fixed term employment contracts
d. Full time employment contracts
Question: How much allowance will Chau receive in case that the company
agreed to terminate the contract with Chau from 15th January 2022?
a. 11.880.000 dong severance pay
b. 23.760.000 dong severance pay c. 31.680.000 dong redundancy d. None of the above
Question: How much will Chau have to pay for social, unemployment and health insurance in total? a. 757 071 dong b. 831 600 dong c. 8 751 600 dong d. None of the above
Question: If Chau was not happy with the Company decisions related to
contractual termination, which court can she request to settle her disputes in this case?
INTRODUCTION TO VIETNAMESE LEGAL SYSTEM
a. The district people s court where the company is located
b. The district people s court where Chau resides
c. The provincial people s court where the company is located
d. The provincial people s court where the Chau resides
Question: How much is the lowest salary Chau can earn during the probationary
period in the case where her official salary has not changed since she first signed
the contract with the company? a. 7.920.000 dong b. 7.524.000 dong c. 6.732.000 dong d. 5.940.000 dong CASE 3:
On 22nd August 2018, Andy and Eastern University (a private university) entered a
probationary contract to work as an English teacher at its English center. After two
months of probation, Andy and Eastern University signed an official employment
contract. During the time working at the Center, Andy signed the following contracts:
On 21st October 2018, Andy and Eastern University signed the contract no. RT118/1
with a term from 21st October 2018 to 20th October 2019.
On 21st October 2019, Andy and Eastern University signed the contract no. 118/HĐ-RT
with a term from 21st October 2019 to 20th October 2020. Under this contract, Andy’s
monthly salary was 48.400.000 dong.
On 21st May 2021, Andy had a big argument with his colleague, Ngan. On 25th May
2021, as Andy saw Ngan talking behind her back, he slapped Ngan’s face. Since then,
Andy and Ngan had repeated arguments at work. On 25th May 2021, Eastern
University recorded in writing the arguments between Andy and Ngan. In order to solve
the issue, on 6th June 2021, Eastern University decided to move Andy to the school of
business. Andy disagreed with this arrangement. After this, on 1st July 2021, the
University negotiated to compensate Andy 1 month of salary to terminate the contract
with Andy. Andy still disagreed with this offer.
What is the maximum term which the university and Andy could sign under a fixed term contract? a. 1 year
INTRODUCTION TO VIETNAMESE LEGAL SYSTEM b. 2 years c. 3 years d. 5 years
How long should the university inform Andy in the case it can unilaterally
terminate the contract with Andy? a. 3 days in advance b. 30 days in advance c. 45 days in advance d. None of the above
What is the type of employment contract the university wants to terminate? a. A non-fixed term contract b. A fixed term contract c. A casual contract d. None of the above
How much money will the university have to pay for unnoticed days if it
terminates the contract with Andy immediately? (on assumption that Andy’s
salary in May 2021 is 51.000.000 dong) a. 51.000.000 dong b. 76.500.000 dong c. 102.000.000 dong d. None of the above
How much allowance should Andy receive when quitting if his average salary
within six months before quitting is 49.000.000 dong?
a. 73.5 million dong of severance pay
b. 147 million dong of severance pay
c. 73.5 million dong of redundancy pay d. None of the above
INTRODUCTION TO VIETNAMESE LEGAL SYSTEM
Regarding Andy’s disagreement to terminate the contract, if the university still
wants to terminate the contract with Andy. As a HR officer, please advise the
university how to terminate the contract with Andy legally.
a. The university can send a notice informing Andy termination of the contract in advance according to law.
b. The university can issue a decision to dismiss Andy because Andy slapped Ngan at work.
c. The university can choose not to renew Andy s contract when it expired in 20th October 2020 d. None of the above CASE 4:
On 14th August 2017, Hongyoung Company Ltd. signed a probationary agreement with
Thanh. Under the agreement, Thanh worked as a probationary legal consultancy manager for a period of
from 14th August 2017 to 13th October 2017. The
company paid Thanh a probationary
every month. After the probationary period expired, Thanh was requested to
8am to 4pm) from Monday to Friday without signing any new labor
contracts. For each working month, Thanh received dong including the
monthly salary of 4.536.000 dong, 3.575.000 dong allowance and 11.540.280 dong
packaged expenses. On Wednesday 26th May 2021, the company s CEO requested
Thanh to work two hours extra from 5am to 7am the following day to complete the
urgent task. On 27th May 2021, Thanh worked from 5am to 6am as requested and went
home without any reasonable reason. On 28th May 2021, the CEO called for a meeting
with Thanh and requested Thanh to be shifted her position to an HR officer. Thanh
refused to accept the CEO s suggestion. On 31st May 2021, the Company issued a
decision to dismiss Thanh as she did not obey the company s command. ** Note: from
1/1/2009, it is compulsory for employees and employers to join unemployment insurance.
Question: Which of the following allowance may Thanh receive when she was dismissed? a. Severance allowance
