Review midterm exam notes môn Luật dân sự Việt Nam| Trường Đại học Luật Hà Nội

preceding six months, he had been selling branded electronics purchased from an illegal supplier.
The total value of the infringing goods is estimated at 500 million VND. Mr. N has no prior criminal
record and has fully cooperated. Identify the legal liability Mr. N has violated. Answer: Criminal Liability.
Rationale: The large value (500 million VND) meets the threshold for criminal prosecution (e.g., for
smuggling, trade in counterfeit goods, or trade in prohibited goods). His cooperation is a mitigating
factor for sentencing, but it does not change the nature of the liability.
Question 2: ABC Construction Company constructed a condominium complex without a
construction permit. When discovered, the project was 30% complete. The company argued that it
had applied, but the administrative process was lengthy. No accidents have occurred. Identify the
liability ABC Company has violated.
Answer: Administrative Liability.
Rationale: Constructing without a permit is a clear violation of administrative regulations in the
construction sector. The company will face sanctions such as fines and potentially be ordered to halt construction.
Question 3: Mrs. L, an accountant at a state-owned enterprise, transferred 2 billion VND from the
company's accounts to her personal account over two years. She was apprehended after absconding.
She paid back 500 million VND, stating the rest was lost to gambling. What is the legal nature of Mrs. L's action? Answer: Criminal.
Rationale: As an employee with a position of trust in a state-owned enterprise, her action of
appropriating funds constitutes the crime of Embezzlement, which is a serious criminal offense.
Question 4: A 15-year-old student commits petty theft. According to Vietnamese law, how is criminal liability determined?
A. All persons, regardless of age.
B. Persons from 14 to under 18 are exempt from all criminal liability.
C. Persons from 14 to under 16 years of age shall only bear criminal liability for very serious crimes.
D. Only persons over 21 bear criminal liability.
Question 5: In which of the following scenarios does the act constitute lawful self-defense (phòng vệ
chính đáng) under criminal law?
A. Using force to protect one's honor during a verbal argument.
B. Causing harm that clearly exceeds the limits of necessity in response to an attack.
C. Retaliating after the assailant has fled the scene.
D. Using necessary force to protect legitimate rights and interests against an ongoing, unlawful attack.
Question 6: What is the structure of a legal norm (quy phạm pháp luật)?
Answer: Hypothesis, Disposition, and Sanction.
Rationale: Hypothesis (Giả định) sets the conditions; Disposition (Quy định) states the rule of
conduct; Sanction (Chế tài) outlines the consequences for non-compliance.
Question 7: Which of the following descriptions represents the nature of the state of the Socialist Republic of Vietnam? A. A federal republic B. A constitutional monarchy C. A socialist state
D. A union of provinces with autonomous rule
Question 8: How can law best be described?
A. A system of rules promulgated and enforced through state and social institutions to regulate behavior.
B. Moral principles that govern the conduct of individuals.
C. Religious doctrines that stipulate social order.
D. Customs and traditions passed down through generations.
Question 9: A legal violation (vi phạm pháp luật) occurs when:
A. An individual disagrees with a law. B. A custom is not adhered to.
C. Someone is prosecuted for wrongdoing.
D. An action or inaction violates a legal rule and poses a danger to legitimate interests protected by law.
Question 10: Which of the following elements is not mandatory for a legal relationship (quan hệ pháp luật) to exist?
A. A legal norm governing the relationship.
B. The legal capacity of the involved parties.
C. An actual social event or legal fact.
D. The consent of the involved parties.
Rationale: Consent is a type of legal fact, but not all legal relationships are based on consent (e.g.,
the relationship between a criminal and the state, or a taxpayer and the tax authority).
Question 11 (Set 1): According to Marxist-Leninist theory, what is the origin of the state? A. A divine mandate. B. The evolution from tribes.
C. A voluntary agreement among free individuals (Social Contract).
D. A product of class struggle and the necessity for one class to suppress other classes.
Question 11 (Set 2): In a legal relationship, does a "legal fact" (sự kiện pháp lý) serve to:
A. Create, modify, or terminate the relationship.
B. Replace the role of a legal violation.
C. Express the will of the court.
D. Adjust regulations on ethics and behavior.
Question 12: Which of the following is a fundamental principle of Vietnamese criminal law? A. Strict liability.
B. The presumption of innocence.
C. Collective punishment for family members.
D. Administrative liability in lieu of criminal liability.