Name: Lê Thị Thùy Dung

Class: DH22BL01C
ID: 2254062036
Law on business activities
Assignment test in class
Time: 13g – 15g15
I. Judgment right and wrong, give legal grounds, explain? (6 points)
Question 1. If an option buyer fails to exercise this right, the parties must perform the
contract as agreed in the contract.
In case the buyer of the option does not exercise this right, the parties must perform the
contract as agreed in the contract, which is a wrong judgment.
Pursuant to Clause 3, Article 64 of the 2005 Commercial Law, "A contract on a buy
option or a put option is an agreement whereby the buyer of the right has the right to buy
or sell a specified good at a predetermined price." (called the contract price) and must pay
a certain amount of money to buy this right (called the right purchase price). The right
buyer has the right to choose whether or not to buy or sell the goods."
Besides, according to the provisions of Clause 4, Article 66 of the 2005 Commercial
Law, which stipulates the rights and obligations of the parties in an options contract, in
case the party holding the buy or sell option decides not to perform the contract. During
the validity period of the contract, the contract will automatically expire.
Therefore, if the option buyer does not exercise this right, the parties do not need to
perform the contract as agreed in the contract.
Question 2. The agent is entitled to terminate the contract even if the principal does not
violate the contract
True. Pursuant to Clause 1, Article 177 of the 2005 Commercial Law “Unless otherwise
agreed, the duration of agency shall expire only after a reasonable period of time which
must be at least 60 days after either party to the agency contract notifies the other party of
the termination of such agency contract.”. It can be seen that either party to an agency
contract has the right to terminate the contract with the condition that it must notify the
other party in writing of the termination of that contract. Therefore, the agent has the
right to terminate the contract even if the principal does not violate the contract.
Question 3. The advertiser, the party with the advertising image must be jointly
responsible with the advertising hirer in case of causing damage to consumers when
using products from such advertising activities.
True. Pursuant to Article 102 of the 2005 Commercial Law, commercial advertising is a
commercial promotion activity of traders to introduce to customers their goods and
services business activities.
Pursuant to the provisions of Article 112 of the 2005 Commercial Law, regulations on the
obligations of the party hiring commercial advertising. In addition, the obligations of
commercial advertising service providers are specified in Article 114 of the 2005
Commercial Law.
Thus, according to the above regulations, when entering into a commercial advertising
contract, the party hiring the commercial advertising will be the responsible party in case
the published advertising information is untrue, except when the parties agree otherwise.
Question 4. The secondary franchisee enjoys the same benefits as the primary franchisee
True. According to Clause 2, Article 290 of the 2005 Commercial Law (as modified and
updated in 2017, 2019), the party receiving the rights has the same rights and obligations
as the franchisee. The secondary franchisee is the party that receives the rights of the
franchisee. If the franchisor agrees, the secondary franchisee will still enjoy the same
benefits as the primary franchisee. So, the evaluation is true.
Question 5. Foreign traders are not allowed to conduct exhibition activities in Vietnam
without hiring Vietnamese traders to do so.
Fasle. According to Clause 3 Article 131 of the 2005 Commercial Law (as modified and
updated in 2017, 2019), there are 2 reasonable cases for foreign traders when conducting
exhibition activities in Vietnam. First, foreign traders have the right to directly participate
or hire traders providing Vietnamese trade fair and exhibition services to participate on
their behalf in trade fairs and exhibitions in Vietnam. Second, when foreign traders want
to open and organize trade fairs and exhibitions in Vietnam, they must hire Vietnamese
trade fair and exhibition service sales staff to do so. So, the evaluation is still missing.
Question 6. The broker will receive remuneration in stages without having to wait until
the assigned work is completed.
True. Based on Clause 1 Article 153 and Article 154 of the 2005 Commercial Law, in
case there is no agreement, the right to receive brokerage fees arises from the moment the
brokered parties sign the contract with each other. The above regulation comes from the
nature of brokerage activities, the broker is only obliged to act as an intermediary until
the parties have completed the contract and does not supervise the implementation of
contractual obligations between the parties. Based on Article 154 this Law, Unless
otherwise agreed, the brokered party must pay reasonable expenses related to the
brokerage, even if the brokerage does not bring results to the brokered party. Therefore,
The broker will receive remuneration in stages without having to wait until the assigned
work is completed.

II. Exercise (4 points)

Company A sells 100 tons of coffee to Company B, the goods are delivered in 3 batches:
1. Phase 1: 40 tons
2. Phase 2: 40 tons
3. Phase 3: remaining coffee.
Delivery after signing the contract is March 20, 2021, each batch is 10 days apart. After
the first delivery, B checked the goods and found that the dried coffee was not dry
enough as agreed and made a phone call to notify Party A. When the delivery of the 1st
installment ends, Party A does not continue to deliver the 2nd installment, because it
thinks that B has not paid the 1st installment in full, so the penalty of stopping the
performance of the obligation is applied, and B thinks that because A has delivered the
goods. The goods do not guarantee quality, so do not continue to pay.
Question: Did A breach the contract? Why?
Is B's act of suspending contract performance correct? Why?
- A violates this contract.
Pursuant to Point c, Clause 1, Article 39 of the 2005 Commercial Law, A has not
guaranteed the same quality as the quality of the goods sample that Party A delivered to
Party B;
-Pursuant to Article 445 of the 2015 Civil Code and Clause 3, Article 40 of the 2005
Commercial Law, the seller must be responsible for defects in the goods that arise after
the time of transfer of risk if such defects are due to the seller's breach of contract.
copper.
In addition, based on Article 51 of the 2005 Commercial Law, the cessation of payment
for purchases is stipulated as follows:
+If the buyer has evidence of the seller's deception, he or she has the right to suspend
payment.
+The buyer has evidence that the goods are subject to dispute and has the right to suspend
payment until the dispute has been resolved.
+If the buyer has evidence that the seller has delivered goods that do not comply with the
contract, he or she has the right to suspend payment until the seller has rectified the
nonconformity.
=> In case of temporary suspension of payment according to the provisions of Clauses 2
and 3 of this Article and the evidence provided by the buyer is not authentic, causing
damage to the seller, the buyer must compensate for that damage and be subject to
sanctions. other according to the provisions of this Law.
In short, B has the right to suspend the performance of the contract.