Câu hỏi trắc nghiệm Luật thương mại 2

File gồm 100 câu hỏi trắc nghiệm môn Luật thương mại 2: cả tiếng Anh + tiếng Việt, trong bài kiểm tra cuối kỳ

1 According to the Vietnam Commercial Law 2005, the criteria to identify a trader are:

A Regular commercial activities B Independent commercial activity C has a business registration

D All 3 answers above

EASY ANSWER: D

2 Choose the best answer about commercial activities

A An activity for profit-making purposes, including the purchase and sale of goods, provision of services, investment, and trade promotion.

B Are activities including purchase and sale of goods, provision of services, investment, trade promotion and other profitable purposes.

C An activity for profit-making purposes, including the purchase and sale of goods, provision of services, investment, trade promotion and other profitable activities.

Non-commercial organizations Clause 1, Article 6 of the Commercial Law 2005 stipulates: Traders include lawfully established economic organizations and individuals conducting commercial activities independently, regularly and with business registration In which, commercial activities are activities for profit purposes, but non-commercial organizations are organizations that operate without the main goal of making profits.

4 What is a foreign trader? Choose the best answer.

A Being a trader established and registered for business in accordance with foreign laws.

B Being a trader established and registered for business in accordance with foreign laws and recognized by foreign laws.

C Being a trader established and registered for business in accordance with foreign laws or recognized by foreign laws.

Answer C, Clause 1, Article 16 of the Commercial Law 2005

5 Commercial practices are:

A Commercial customs in an area

B The widely recognized practice of commercial activity in a region, region or field of commerce

C Both answers above

Answer B According to Clause 4, Article 3 of the Commercial Law 6 What are commercial activities? Choose the best answer.

A Buying and selling goods, providing services, investing, promoting trade and other profitable activities.

B Buying and selling goods, providing services, and promoting trade.

C Purchase and sale of goods, provide services, promote trade and trade agents Answer A, Clause 1, Article 3 of the Commercial Law 2005

7 A buys a consignment of B but upon delivery, B delivers the excess quantity to A, if A receives it, how is the balance calculated? Choose the best answer.

A Contract price B Price by agreement C a or b.

Answer C, Clause 2, Article 43 of the Commercial Law 2005

8 Commercial activities are activities for profit-making purposes, including buying and selling goods, providing services, investing, promoting trade and….

A other profitable activities B Logistics

C Commercial intermediaries

Answer A According to Clause 1, Article 3 of the Commercial Law 2005

9 I live in the border area of our country and China, often buy and sell goods with Chinese residents in the border area So let me ask: Is my purchase and sale of goods international?

A Yes B No

Answer B Article 27 Commercial Law 2005

10…….is an important source of regulation of commercial transactions

A Commercial Law

B Specialized laws on commercial activities C Civil Code

Answer A

11 Commercial activities must take place

A on the market and made by traders

The answer is NO

13 Objects of contracts in commercial business A goods and services

B goods C service Answer A

14 Concluding contracts in commercial business

A the process by which the parties negotiate and enter into a commercial business contract

B the parties sign a commercial business contract C both are wrong

16 Dependent commercial conduct

A acts that are commercial for one party but civil for the other party

B is an act and is civil in nature, but such act is performed by traders while practicing or due to professional needs

C is conduct that is inherently commercial Answer

17 Pure commercial conduct is:

A is an act that is essentially commercial in nature

B is a commercial act for one party but for the other is a civil act C is an act performed by a trader

Answer A Pure commercial acts are acts whose nature is of commercial character, trading such as buying goods to sell for profit, etc or its form causes the law to prescribe it as an act Commercial as natural as making bills of exchange

18 Commercial activities are activities taking place in the market for the purpose of A Satisfy your interests

B exchange

C looking for profit

Answer C seeks profit According to Clause 1, Article 3 of the Law No 19 Representative offices cannot

A carrying out trade promotion activities

B must not conduct direct profit-making activities in Vietnam C both answers above

Answer B According to Clause 1, Article 18 of the Commercial Law

20 take responsibility before the Government for management of licensing for foreign traders to invest in Vietnam in accordance with Vietnamese law

A Ministry of Commerce B Ministry of Finance

C Ministry of Planning and Investment

Answer C According to Clause 2, Article 22 of the Commercial Law Chapter IX: Law on the sale and purchase of goods

21 The seller…… is responsible for defects of the goods that the buyer knew or ought to have known at the time of delivery of the contract.

A forced B not

C subject to agreement

Answer B According to Clause 1, Article 40 of the Commercial Law 2005

22 Goods purchase and sale is a commercial activity whereby the seller is obliged to deliver the goods, transfer the ownership of the goods to the buyer and….

A Carrying out procedures for transferring ownership B warranty

C receive payment

Answer C Clause 8, Article 3 of the Commercial Law

23 Goods purchase and sale is a commercial activity where the buyer is obliged to pay the seller, receive the goods and….

A agreed ownership of goods

B the right to own goods in accordance with the law C ownership of goods

Answer A, Clause 8, Article 3 of the Commercial Law

24 The seller is not responsible for any defects in the goods after… A Transfer of risk

B Payment C done contract

Answer A According to Article 40 of the Commercial Law 2005 25 The usual purpose of the seller is

B civil property/commercial goods C make a profit/ don't make a profit Answer

27 If the goods delivered to the buyer do not conform to the contract, the buyer has the right to ……

A Request for proper performance of the contract and compensation for damage B refuses to accept

C claim for damages Answer

B Clause 2, Article 39 of the Commercial Law

28 Buying and selling activities are the main means of transferring assets and…… from one subject to another

A Ownership

B right of possession C right to use

A Clause 8, Article 3 of the Commercial Law

29 To carry out the purchase and sale of goods through the exchange, the parties need to agree in advance on the type of goods in the future and

A must be in the list of goods that are allowed to be bought and sold through the exchange and accepted by the exchange

B must register a trading fund according to the regulations of the exchange C must be accepted by the exchange

A According to Article 63, Commercial Law 2005

30 International sale and purchase of goods must be carried out on the basis of

A Clause 2 Article 27 of the Commercial Law

31 International purchase and sale of goods is carried out in the following forms: A export, import

B temporary import, re-export, temporary export, re-import and border-gate transfer C Both answers above

B, Clause 2, Article 27 of the Commercial Law

32 The decision to apply urgent measures to the international sale and purchase of

C Prime Minister According to the provisions of Article 31 of the Commercial Law: “In case of necessity, in order to protect national security and other national interests in accordance with Vietnamese law and international treaties to which the Socialist Republic of Vietnam is concerned Vietnam is a member, and the Prime Minister decides to apply urgent measures to international goods trading activities.

33 Form of goods sale and purchase contract

A As agreed by the parties, unless required by law in writing B documents or forms with equivalent legal validity

C oral, written, or specified conduct Answer

C Clause 1 Article 24 of the Commercial Law 2005

34 In the goods sale and purchase contract in the form of installment payment, goods

35 If the subject matter of the contract is goods in transit, the risk of loss of or damage to the goods passes to

A Seller B Buyer

C subject to agreement Answer

B Article 62 Commercial Law 2005

36 In case the seller delivers the goods before the agreed time limit, the buyer has the right to

A Compulsory delivery

B to receive or not to receive goods C Refuse to receive goods

B According to Article 38 of the Commercial Law

37 In case the contract contains ………… , the risk of the goods passes to the buyer from the time the goods are delivered at that place.

A definite place of delivery B terms of delivery location C Delivery location

A Pursuant to Article 57 of the Commercial Law 2005

38 Border-border transfer of goods is the act of ………… out of Vietnam A buy goods

B shipping C import Answer

A Clause 1 Article 30 of the Commercial Law Chapter X: Law on commercial intermediaries

39 In what form is a service contract made? Choose the best answer

A In writing, orally or in specific conduct B In writing if required by law.

C Both a and b are correct Answer

C According to the provisions of Article 74 of the Commercial Law 2005

40 Trader A provides services to customer B for a period of 03 months However, after 03 months, Trader A still has not provided the service So in this case, how to solve it? Choose the best answer.

A Continue to provide services according to the agreed content if customer B does not refuse.

B Compensation for damage to customer B, if any C Both a and b are correct.

C According to the provisions of Article 84 of the Commercial Law 2005 41 Commercial intermediary activities are activities of traders……

A execute Trade transactions for one or several identified merchants B on behalf of other traders for profit purposes

C for profit purposes Answer

A Clause 11 Article 3 of the Commercial Law 2005 42 What are commercial intermediaries?

A Representing traders, commercial brokers, entrusting goods purchase and sale and trade fairs and exhibitions.

B Representing traders, commercial brokers, entrusting goods purchase and sale and trading agents.

C Representing traders, commercial brokers, entrusting goods purchase and sale and promotion.

B Clause 11 Article 3 of the Commercial Law 2005

43 Subjects of commercial intermediary activities include: A commercial intermediary service providers and service users

B Traders provide commercial intermediary services and use them C Both of the above answers are incorrect

C Both of the above answers are incorrect

The subjects participating in commercial intermediary activities are: The principal (the service hirer, including one or several people), the service provider (the authorized party) and the third party (including a or several people)

44 Agents are not allowed to decide on their own the selling prices of the goods they act as agents?

A Right B Wrong Answer

B Clause 4 Article 174 of the Commercial Law 2005

45 The entrusting party for the purchase and sale of goods is:

A The trader assigns the entrusted party to purchase and sell goods at his/her request and must pay the entrustment remuneration.

B Not being a trader who assigns an entrusting party to purchase and sell goods at his/her request and must pay commission for entrustment.

C A trader or a trader who is not a trader assigns an entrusted party to purchase and sell goods at his/her request and must pay the entrustment remuneration.

C According to Article 157 of the Commercial Law 2005

46 In the activities of representing traders, how is the scope of representation regulated? Please choose the most correct answer.

A A part of commercial activities within the scope of activities of the principal B All commercial activities are within the scope of activities of the principal C Both a and b are correct.

C: Article 143 of the Commercial Law 2005 47 Representative of traders….

A Representative experience B as a trader

C both answers above Answer

B According to Clause 1, Article 141 of the Commercial Law 2005

48 The party representing the trader must perform the work on behalf of.… A The assignee represents

B Myself C both Answer A

49 The principal must…for the agent

A Timely payment of remuneration, instructions and notices B Provide necessary documents, assets and information C Both answers above

C Article 146 Commercial Law

50 Representative relations of traders include A agent and principal

B Representative traders and customers C trader and his/her legal representative Answer

A Article 141 of the Commercial Law 2005

51 The principal is obliged to take responsibility for the quality of the goods and services delivered to the agent

A Right B Wrong

C Based on the agreement of the two parties Answer

A Clause 2, Article 173, Commercial Law 2005

52 The franchisee is entitled to assign it to a third party A No way

B Okay

C Has the right if approved by the franchisor Answer

C Clause 1 Article 290 provides

53 Entrusting party …… entrust to a third party to perform the signed contract of

B Article 160 of the Commercial Law stipulates

54 The party entrusted to buy and sell goods must have A Trader status

B Trader status and entrustment service registration

C Trader status and business registration of goods suitable for consignment goods Answer

C According to Article 156 of the Commercial Law 55 The entrusting party only has to pay.…to the trustee A Entrustment remuneration and other reasonable expenses B Entrustment remuneration

C Other reasonable expenses Answer

A According to Article 156 of the Commercial Law

56 Commercial intermediary services are established on the basis of a contract in A text, speech, behavior

B text or form of equivalent legal validity

C text Answer

B Clause 15, Article 3 of the Commercial Law 2005.

57 Franchising is a commercial activity whereby the franchisor the franchisee conducts the purchase and sale of goods and provides services under certain

A According to the provisions of Article 284 of the Commercial Law 2005 58 Conditions of traders who want to franchise in the country

A.The business system intended to be licensed has been in operation for at least 1 year

B has registered for franchising activities C Both answers above

A.The business system intended to be licensed has been in operation for at least 1 year

According to the provisions of Article 8 of Decree 08/2018/ND-CP dated January 15, 2018, the conditions for franchisors are as follows: “Traders are allowed to grant commercial rights when the business system is intended to be used for commercial purposes franchise has been in operation for at least 1 year”.

59 The contract will… if the representative enters into the wrong authority A.can be disabled or partially disabled

B Disabled

C of course invalid Answer A

60 Objects of franchising activities

A.the right to conduct business in goods and services in the manner of franchisors

B.branded goods and services of the franchisor C Both answers above

Answer A

Chapter XI: Law on trade promotion 61 Trade promotion is

A.Commodity introduction B promote commercial activities

C Promotion activities, looking for opportunities to buy and sell goods and provide services

C Clause 10, Article 3 of the Commercial Law 62 How to carry out trade promotion

A Traders do it themselves or hire other traders to do it B.self-executing traders

C Hire other traders to perform Answer A

63 is a trade promotion activity of a trader using goods and services and documents on goods and services to introduce to customers about those goods and

B According to Article 117 of the Commercial Law 64 .Prohibited promotional practice

A.Comparative advertising B Exceeded promotional limit C.Use beer to promote

Answer

65 … is a trade promotion activity of world traders to introduce to customers about their business activities, goods and services.

66 … is a trade promotion activity of a trader to promote the purchase and sale of goods and provision of services by giving customers certain benefits.

A.Promotions B.Advertisement

C.Displaying and introducing goods and services Answer

A Promotion Clause 1, Article 88 of the Commercial Law 67 Alcohol advertising is prohibited advertising in any form A.Yes

C.depending on the advertised wine Answer

C Clause 3, Article 7 of the Law on Advertising 2018 stipulates: Alcohol with an alcohol content of 15 degrees or more is prohibited from advertising.

68 It is against the law to advertise using the method ………… your products with

A Direct comparison According to Clause 6, Article 109 of the Commercial Law 69 The subject of a commercial advertising service contract must be a trader

A right B.Wrong

C.Depending on the advertising method Answer A

70 Entities participating in trade promotion activities include: A service traders and traders in need

B.commercial organizations

C service traders and traders in need; government; commercial organizations ANSWER C

71 The material value used for promotion for a promotional unit of goods or services must not exceed % of the value of that promoted unit of goods or services before the promotion period.

A.40 B.50 C.60

The answer is NO

72 Traders providing trade fairs and exhibition services, when organizing other traders to participate in trade fairs and exhibitions abroad, must register with

A.Embassies in the host country

B.Ministry of Planning and Investment C.Ministry of Commerce

Answer C Clause 2, Article 133, Commercial Law 73 What activities does trade promotion include?

A Promotional activities, commercial advertising, display and introduction of goods and services, and trade fairs and exhibitions.

B Promotion activities, commercial advertising, display and introduction of goods and services and represent traders.

C Promotion activities, commercial advertising, display and introduction of goods and services and commercial brokerage.

B According to Clause 2, Article 131 of the Commercial Law 2005

75 Are representative offices of traders allowed to conduct promotions in Vietnam for the traders they represent?

A Okay.

B.Available in the form of hiring other traders to perform C Can't.

C Clause 2, Article 91 of the Commercial Law 2005

76 Are foreign traders not operating in Vietnam allowed to conduct commercial advertising activities about their goods and service business activities in Vietnam?

A No.

B Yes if directly implemented.

C Yes, if hiring a Vietnamese commercial advertising service trader to do it Answer

C Clause 3 Article 103 of the Commercial Law 2005 81 Bid documents managed by ……

A Bidder

B Bidding party

C Bidder or bid solicitor

Answer B Article 221 Commercial Law

Chapter XIII: Cargo transportation, forwarding and inspection 82 The movement of goods is……from one point to another

A.Transport property or people

B.aggregate many services to move goods C forwarding, moving goods

ANSWER C

83 A wants to become an appraiser Currently, A has a university degree in line with the requirements of this field, and A also has professional certificates in the field of assessment that are required by law So, what additional criteria does A need to have to become an assessor?

A Law practice certificate.

B At least 02 years working in the field of goods and service assessment C At least 03 years working in the field of goods and service inspection Answer

C Clause 1 Article 259 of the Commercial Law 2005 84 Choose the best answer:

A All goods can be processed, except those attached to land.

B All types of goods can be processed, except for goods banned from trading C Both a and b are correct.

B K1 D180 LTM

85 Who is to bear the costs of loading and unloading the transported property, unless otherwise agreed and not otherwise provided for by law?

A Person entitled to receive goods

A there is no basis to claim the carrier for compensation B Lose the right to compensation if the goods are at risk

C The carrier will be limited to the liability to compensate for loss of or damage to the goods to the maximum limit prescribed by law in each mode of transportation Answer C K1 D237

Chapter XVII: Methods to settle commercial disputes

87 Basic violations are:

A The breach of contract by the parties leads to neither party achieving the purpose of entering into the contract.

B The breach of contract by one party causes damage to the other party to the extent that it prevents the other party from achieving the purpose of entering into the contract.

C A breach of contract by one party Answer B K13 D3

88 For non-essential violations, the aggrieved party

A may temporarily suspend the performance of the contract B Suspension of contract performance

C.All is wrong Answer C D293

89 Penalty for violation is

A The breach of contract by the aggrieved party with the violating party

B.The fact that the aggrieved party requires the aggrieved party to pay a fine for breach of contract

C The aggrieved party's suspension of contract performance with the violating party Answer

B D300

90 In what cases is the breaching party fined? A There is an agreement in the contract B Violations are not exempt from liability.

C.As agreed by the parties but not more than 8% of the value of the breached contractual obligation.

Answer C D300

91 In a commercial agency contract, how is the penalty for violation regulated? A Up to 8% of contract value.

B.As agreed by the parties, but not more than 20% of the contract value.

C.As agreed by the parties but not more than 8% of the value of the breached

93 Is a form of dispute settlement through the operation of a state arbitration agency to make judgments of the parties obligated to enforce, even by force of coercion.

A.Court B Referee C.Reconciliation Answer A

94 As a method of settling commercial disputes of a social or professional nature, which is agreed upon by the involved parties to be chosen to settle commercial

96 As a method of dispute resolution with the participation of a third party as an intermediary to assist and persuade the disputing parties to seek solutions to eliminate the arising dispute.

98 Mediation may be conducted by A mediator, court, arbitrator

B mediator C court

The answer is NO

99 The outcome of the negotiation depends on A.the voluntaryity of the parties

B is enforceable but required due process C is enforceable

Answer A

100 Procedures of negotiation A The law does not prescribe B.Strictly regulated by law C As prescribed by the Court Answer A

1 Theo luật TM Việt Nam 2005, tiêu chí để xác định một thương nhân là:

A Hoạt động thương mại thường xuyên B Hoạt động thương mại độc lập

C có đăng ký kinh doanh D Cả 3 đáp án trên

Đáp án D

2 Chọn đáp án đúng nhất về hoạt động thương mại

A Là hoạt động nhằm mục đích sinh lợi, bao gồm mua bán hàng hoá, cung ứng dịch vụ, đầu tư, xúc tiến thương mại.

B Là các hoạt động bao gồm mua bán hàng hoá, cung ứng dịch vụ, đầu tư, xúc tiến thương mại và các hoạt động nhằm mục đích sinh lợi khác.

C Là hoạt động nhằm mục đích sinh lợi, bao gồm mua bán hàng hoá, cung ứng dịch vụ, đầu tư, xúc tiến thương mại và các hoạt động nhằm mục đích sinh lợi khác.

Đáp án C