1. Date __________________________
2. Student Name ________________
3. Students ID_____________________
BUSINESS LAW QUIZ 2
1. According to Arbitration Law 2010, the arbitration centers in Vietnam only have the
jurisdiction to settle commercial dispute.
a. True
b. False
2. Arbitrators may work at the same time as judge at the Vietnam people court
a. True
b. False
3. If there is no agreement between involved parties, the composition pannel for the arbitral
tribunal will be three arbitrator
a. True
b. False
4. According to the arbitration law 2010, arbitral award is made by the Chairmain of the
Arbitral tribunal
a. True
b. False
5. The arbitration center is a kind of organization which belong to Vietnamese government
a. True
b. False
6. District level people court is the lowest level of court in Vietnam
a. True
b. False
7. According to the Vietnam Civil procedure code 2015, the court has the obligation to
conduct conciliation to help disputers reach an agreement
a. True
b. False
8. According to the Vietnam Civil procedure code 2015, the plaintiff may submit a lawsuit
petition by E-portal of the court
a. True
b. False
9. The judgment made by the first instance court can not be appeal
a. True
b. False
10. According to the Vietnam Civil procedure code 2015, The defendant do not have the
right to make counter claim
a. True
b. False
11. According to the arbitration law 2010, without a valid arbitration agreement,
a. Involve parties will not be able to bring the dispute to the arbitration center for
settlement
b. Involve parties still be able to bring the dispute to the arbitration center for settlement
c. Involve parties may hire ad hoc arbitrator to settle the dispute
d. None of the above
12. Which of the following is not correct about the arbitration agreement
a. Arbitration agreemetn exist independtenly from the contract
b. Arbitration agreement may be established before the dispute arise
c. Arbitration agrement may be established after the dispute arise
d. None of the above
13. According to the civil procedure code 2015, the composition panel for the first instance
trail will be:
a. 1 judge and 2 people jurors
b. 2 judge and 2 people jurors
c. 1 judge and 3 people jurors
d. none of the able
14. Whithin ___________ from the day the of receiving judgement at the first instance trail,
involve parties may appeal to the higher court
a. 7 days
b. 15 days
c. 30 days
d. none of the above
15. Mr A and Mr B is having a commercial dispute, Mr A want to settle at the arbitration
center while Mr B want to settle the dispute at the people court. Knowing that invole
parties have established any arbitration agreement yet. The dispute will be settle at:
a. The arbitration center
b. The people court of vietnam
c. All of the above
d. None of the above
16. According to the Arbitration law 2010, if there is a commercial dispute which involves 1
vietnamese and 1 foreigners, the language using will be:
a. Vietnamese
b. English
c. As agree by involve parties
d. None of the above
17. _____________ means the review of Courts’ legally effective judgments/decisions,
which are protested as serious law violations in the settlement of cases are detected
a. First instance procedure
b. Reopening procedure
c. Cassation procedure
d. Conciliation
18. Which of the following is correct about arbitrator?
a. Arbitrators have the obligation to keep all information about their case in secret
b. Arbitrator have the obligation to provide information to the press or media if there
are a request
c. Arbitrators don’t have the right to refuse if they are chosen by the plaintiff or
defendant.
d. Arbitrator can work as a judge at the People’s Court at a same time
19. Mr A want to initiate a lawsuit against Mr B. Which court shall Mr A have to send the
law suit petition to? Given that Mr A living in Thu Dau Mot city, Mr A does not know
where Mr B lives and works. Mr A and Mr B is having a dispute over the ownership of a
house in District 7.
a. Thu dau mot city level people court
b. District 7 level people court
c. Binh duong province people court
d. Ho Chi Minh city people court
20. When there is a dispute between a service provider and a consumer
a. The consumer have the rights to choose to settle the case either at the people court or
at the arbitration center and the services provider must follow the decision of the
consumers
b. The service providers have the rights to choose to settle the case either at the people
court or at the arbitration center and the consumers must follow the decision of the
service providers
c. They must settle the case at the cout
d. None of the above
BONUS
Vina Group is a Vietnamese – based company. A&M Brother is a Cambodia – based
company. December 1, 2014, they signed an agreement in which A&M Brother agreed to
produce 2,000 pullovers for Vina Group with following main terms and conditions:
- The price is 02 USD/each (including VAT and all taxes).
- Vina Group deposit 30% of the total value of the agreement within 03 days after signing the
agreement.
- The time for delivery is between February 1-5, 2015.
- All pullovers shall bear the sentence “Yes, we can” along with Vina Group’s logo in green color.
- They decide to choose all disputes arising from the agreement will be arbitrated by the ASEAN
International Commercial ArbitrationCenter("ACIAC") based in Hanoi.
- The Singapore law is the governing law of the contract.
When receiving 2,000 pullovers on Feb 5, Vina Group found that its logo was in light green
color instead of dark green. Vina Group thus refused to receive 2,000 pullovers and sent them
back to Cambodia for A&M Brother. They requested A&M Brother either re-producing 2,000
pullovers and delivering to them within 07 days or otherwise compensating 100% value of the
contract and refunding the deposit to Vina Group. A&M Brother rejected either of them. Vina
Group thus decided to bring the case to the ACIAC.
21. The dispute between Vina Group and A&M Brother is
a. A commercial dispute involves foreign element under the Vietnamese Arbitration Law and Civil
Proceeding Law.
b. A commercial dispute involves intellectual property issues under the Vietnamese Arbitration
Law and Civil Proceeding Law.
c. A contract dispute involves foreign element under the Civil Proceeding Law.
d. An investment –related dispute involves intellectual property issues under the Civil Code.
17. Which of the following statement is correct about the choice of law in this case under
Vietnamese Arbitration Law?
a. The court is the only one which can decide the law of which jurisdiction would apply to the
dispute.
b. A dispute involves a foreign element and thus both companies must apply either Vietnamese law
or Cambodian law as the governing law.
c. The ACIAC applies the law (whether Vietnamese law or the law of another jurisdiction) to the
dispute as agreed by the parties with a condition that such choice of law is not contrary to the
fundamental principles of the law of Vietnam.
d. Because the party broke the contract is A&M Brother, therefore the Cambodian law must be
applied.
22. The language that the ACIAC will use during the arbitration proceedings is:
a. Vietnamese
b. Cambodian
c. English
d. It is up to the agreement between Vina Group and A&M Brothers. If they do not agree, the
ACIAC will determine the language.
23. Vina Group is ……….and A&M is the ……………
a. The party A and party B in the agreement
b. Plaintiff and Defendant
c. Plaintiff and Witness
d. Parties related the dispute.
24. During the arbitration proceedings, Vina Group suddenly decided to bring the case to the
People Court of Hanoi because of their good relationship with the Chief Judge at that
court.
Does the People Court of Hanoi have jurisdiction over the dispute ?
a. Yes, they have because it is up to the Plaintiff’s decision on the dispute resolution.
b. No, if a dispute falls within the scope of a valid arbitration agreement, but a party attempts to
initiate court proceedings, the court does not have jurisdiction over the matter.