ASSIGNMENT – ANSWER KEY PART I: STATE & LAW Who has no right to issue Circulars? a Chief Justice of the Supreme People’s Court b The Chairman of People’s Committee c Head of the Supreme People’s Procuracy d Heads of Ministry-equivalent Agencies Which of the following has the right to issue Decisions? a The Chairman of National Assembly b The Government c The President, Prime Minister and State Inspector General d Ministers a b c d e f g h i TRUE (T) or FALSE (F) International Law is a branch of Vietnam’s law T / F Judicial Precedent is currently NOT considered as a source of Vietnamese legal system T / F The State Bank of Vietnam may issue legislation T / F A legal document or normative legal document is defined as the statutory source of law (official source of law) T/ F Legal norm is the smallest unit of the law, promulgated or recognized by an authority or authorities and are rules of conduct applicable for the regulation of social relations T/ F Legal institution is a system of norms to regulate a sort of certain social fields T/ F Branch of law consists of all legal norms having the same features and regulating a group of interconnected social relations T/ F Customary regulation will be a source of law if being defined or regulated in a legislation T/ F International treaty will become a source of law after being ratified by Vietnam and promulgated by the President T/ F Which of the following statement is correct? a Law must be enforceable That is, if people break the law, they must be able to be caught and brought to justice b Law is created and governed by the State It also reflects the power of the State and its leaders c Law is known to the public and applicable for all members in a society from individuals to organizations d All of the above are correct a b c d A legal document or normative legal document is enacted by: State organs State organs having authority Social organizations Political organizations a b c d Which of the followings is/are incorrect? Vietnam is a parliamentary republic state In semi-presidental republic, the head of executive body is selected by legislative body Both are correct Both are incorrect PART II: CONSTITUTIONS Which of the following statements is correct? b The Vietnamese legal system is based on principles of a civil law system c The Vietnamese legal system is primarily based on Marxist-Leninist ideology d The Vietnamese legal system is primarily based on the ideologies of the former Soviet Union of which the legal system is based on the civil law system e A &B f B & C Explain: Article 4, Constitution 2013 Which of the followings are the authority of People’s Procuracy? a Public prosecution b Judicial supervision c Audit and inspect the Government’s activities d Supervise the enforcement of the judgment e A, B f A, B & D Explain: Article 107, Constitution 2013 The person has the right to grant special amnesties with regard to death penalty? a General Secretary of the Vietnam Communist Party b President c Chairman of the National Assembly d Chief Justice of the Supreme People’s Court Which of the following is NOT CORRECT? a Vietnam has a two –tier court system, including courts of first instances and courts of appeal b The court system consists of the Supreme People’s Court, the local People’s Courts, the Military Courts and other law-described courts c Specialized courts at the Supreme People’s Court and at the provincial legal consist of Criminal Court, Civil Court, Economic Court, Administrative Court and Labor Court d Chief Justice of the Supreme People’s Court is elected by the National Assembly e The term of office of Chief Justice of the Supreme People’s Court is 04 years Which of the following has the right to supervise the activities of the Government, the People’s Courts and the People’s Procuracy (or People’s Prosecutor) and approve the cabinet at the suggestion by the Prime Minister? a The Standing Committee of National Assembly b The National Assembly c The President d The National Congress of the Communist Party Explain: Article 70, Constitution 2013 Delegates of the National Assembly are voted every five year by: a All Vietnamese, regardless of their ethnicity, sex, social standing, belief, religion, educational level, occupation, length of residence, who have lived in Vietnam b All Vietnamese citizen, regardless of their ethnicity, sex, social standing, belief, religion, educational level, occupation, length of residence, c All citizens of Vietnam, irrespective of their ethnicity, sex, social standing, belief, religion, educational level, occupation, length of residence, who have attained the age of full eighteen years d Official member of the Communist Party and the Vietnam Fatherland Front Explain: Article 27 or 29, Constitution 2013 Which of the following is NOT CORRECT? a The Vietnam Fatherland Front is the most powerful body and both People’s Committee and People’s Council shall report to the Vietnam Fatherland Front at the local administrative level b The local government at provincial and district level consists of People’s Council and People’s Committee c The People’s Council is the state power body at provincial and district level It is representative of the local People and elected by the local People every five years d The People’s Committee is the administrative body at the local administrative level and is elected by the People’s Council “A defendant shall be regarded as innocent until the crime is proved by in accordance with legal procedure and the sentence of the Court has acquired full legal effect” The above statement is: a Correct because it is set forth under the Constitution b Wrong because it isn’t set forth under the Constitution Explain: Article 31, Constitution 2013 The Constitution is a set of fundamental rules that deals with: a Political, economic, cultural, social regime, national defense, diplomatic policies b Fundamental rights and duties of the citizen and other people c Principles for establishment and operation of state organs system d All of the above 10 TRUE (T) or FALSE (F) a People’s Army of Vietnam is a state organ (state body) that belongs to the state apparatus of Vietnam T / F Explain: Constitution does not mention about the People’s Army as a state body of the state apparatus of Vietnam b The Government is the state body in charge of executing and ensuring the implementation of constitution and laws T / F Explain: Article 96, Constitution 2013 c The General Department of Tax (Tổng cục thuế) is a ministries-equivalent body T / F d The State Securities Committee (Ủy ban chứng khoán Nhà nước) is a ministries-equivalent body T/F e The President has the power to appoint, remove or dismiss of the Vice President, the Prime Minister, Chief Justice of the Supreme People's Court, and Head of the People's Prosecution T / F Explain: Article 88, Constitution 2013 11 Which of the following is NOT mentioned in the Constitution 2013 of Vietnam? a Political and economic regime of Vietnam like political foundation, basic principles to exercise State power, economic foundation (the socialism –oriented market economy) b Basic rights and obligations of citizens and other rights arising from state’s sovereignty c Relationship between the State and citizens and the Communist Party, structure and foundations of the Socialist Republic of Vietnam, State administrative apparatus d Structure of the People’s Army 12 Which of the following statements is NOT CORRECT about the court system in Vietnam? a The judicial bodies of Vietnam consist of the Supreme People’s Court, the local People’s Courts, the Military Courts and other law-described courts b The Supreme People’s Court is the highest judicial body of Vietnam c With respect to jurisdiction, Vietnam has a two –tier court system, including first – instance court and appellate court d Chief Justice of the Supreme People’s Court is elected by the National Assembly and his tenure/term is 04 years 13 Which of the following has the power to exercise supreme supervision over all activities of the State including the activities of President, the Government, the People’s Courts and the People’s Procuracy? a The State Inspectorate General b The National Assembly c The President d The National Congress of the Communist Party 14 Delegates of the National Assembly are voted every five years by: a All Vietnamese provided that they have lived in Vietnam b All citizens of Vietnam c All citizens of Vietnam who have attained the age of eighteen years d Members of the Communist Party 15 Which of the following is an INCORRECT statement about the President of Vietnam? a The President is the Head of State, elected by the National Assembly b The President’s powers are provided by the Constitution c The President has the power to appoint, remove or dismiss of the Vice President, the Prime Minister, Chief Justice of the Supreme People's Court, and Head of the People's Prosecution d The President is to head the all people’s armed forces and assume the Chairmanship of the National Defense and Security Council Explain: Article 88.2, Constitution 2013 16 Which of the following is the fundamental law of Vietnam: a International treaties b Administrative Law c Constitution d Internal regulation of Vietnam Communist Party e None of above 17 Which of the following has the right to issue legislation (law & constitutions) a Prime Minister b People’s Supreme Court c National Assembly d Politburo 18 Which of the followings are correct? a National Assembly is elected by the people and includes at least 500 delegates b Decisions of National Assembly on making and amending constitutions will be passed by majority rule c General amnesty is granted by National Assembly for a group of people having committed one kind of crime d Prime minister has a right to suspend implementation of illegal documents issued by provincial people’s councils e B, C, D are all correct f C, D are correct g None of above 19 Which of the following has the right to enact, amend or supplement legislation such as Criminal Code (Penal Code), Law on Handling of Administrative Violations in Vietnam? a The Government b The National Assembly c The People’s Supreme Court d The President 20 In Vietnam’s state apparatus, People’s Committees at levels are: a Local state power organs b Local judicial organs c Local administrative organs d Local procuracies 21 Which of the followings is correct? a The State Bank of Vietnam may issue legislation including circulars, decisions, directives/instructions b The State Bank of Vietnam may not issue legislation c The State Bank of Vietnam may issue legislation including decrees, circulars, decisions, directives/instructions d The State Bank of Vietnam may only issue decrees and resolutions on behalf of the Government regarding banking and finance 22 Under the current Constitution, the Prime Minister of the Government of the Socialist Republic of Vietnam shall be: a Elected by the Government members b Elected by the National Assembly from the recommendation of the General Secretary of the Communist Party of Vietnam c Elected by the National Assembly from the recommendation of the President d Elected by the Politburo from the recommendation of the General Secretary of the Communist Party of Vietnam Explain: Article 88, Constitution 2013 23 Which of the following is an INCORRECT statement? a National Assembly has the right to revoke/annul all formal written documents issued by the President, the Government, the Prime Minister if such documents violate the Constitution b The decrees of the Government must be approved by the National Assembly c Law will be enacted if it is voted for by more than half of the total number of the National Assembly’s members d The President has the right to declare the promulgation of the Constitution, laws and ordinances Explain: a, c, d are correct because Article 70.10, 85.1, 88.1 ... correct? b The Vietnamese legal system is based on principles of a civil law system c The Vietnamese legal system is primarily based on Marxist-Leninist ideology d The Vietnamese legal system is primarily... People's Prosecution T / F Explain: Article 88, Constitution 2 013 11 Which of the following is NOT mentioned in the Constitution 2 013 of Vietnam? a Political and economic regime of Vietnam like... Constitution 2 013 c The General Department of Tax (Tổng cục thuế) is a ministries-equivalent body T / F d The State Securities Committee (Ủy ban chứng khoán Nhà nước) is a ministries-equivalent