ASSIGNMENT 1

Qualification BTEC Level 4 HND Diploma in Business

Unit number and title Unit 7: Business Law

Submission date 18|02|2023 Date Received 1st submission 18|02|2023

Re-submission Date Date Received 2nd submission

Student Name Hoang Thi Ha Giang Student ID BH00116

Class BA0502 Assessor name Nguyen Thu Hien

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I certify that the assignment submission is entirely my own work and I fully understand the consequences of plagiarism. I understand that making a false
declaration is a form of malpractice.

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Table of content
I. Introduction .................................................................................................................................................4

II. (P1) Sources of law ....................................................................................................................................4

2.1. The definition of law in general .......................................................................................................4

2.2. The purpose of law ...........................................................................................................................4

2.3. Sources of law ..................................................................................................................................6

2.3.1. Sources of law in Vietnam .....................................................................................................6

2.3.3. Sources of law in United Kingdom ....................................................................................... 9

III. (M1) Evaluate the effectiveness of the legal system in terms of recent reform and developments, with
respect to the UK legal system. .................................................................................................................... 10

IV. ( P2 ) The role of government in law making and how statutory and common law is applied in the
justice courts .................................................................................................................................................14

4.1. The role of Government in law making ......................................................................................... 14

4.1.1. The role of Government in law making in UK ....................................................................14

4.1.2. The role of Government in law making in Vietnam ............................................................15

4.2. The role of Parliament in law making in United Kingdom ............................................................17

4.2.1. The role of he UK Parliament are to: ...................................................................................17

4.2.2 The process of making new law in the UK ...........................................................................19

4.3. Example of a law case ....................................................................................................................22

V. Conclude ..................................................................................................................................................27

VI. Self assessment .......................................................................................................................................28

I. Introduction

I work as a legal expert for the global investment company Dragon Capital Fund. The company's business
plan for this year calls for investments in Vietnam, a new market, as well as the UK. I shall conduct a
thorough analysis of these two markets' legal systems in this paper, focusing on their respective origins,
enactment by the government and parliament, and judicial interpretation of those laws. the use of law in
resolving disputes. Assess how the legal system has affected current legal reforms and advancements in
the UK. Study the UK's Parliament's involvement in enacting laws as well as the UK government's role in
lawmaking to learn more about how statute and common law are implemented in judicial courts. From
there, consider how the Government and Parliament vary in the UK's legislative process.

II. (P1) Sources of law

2.1. The definition of law in general

Law is a word that means different things at different times. Black’s Law Dictionary says that law is “a
body of rules of action or conduct prescribed by controlling authority, and having binding legal force.
That which must be obeyed and followed by citizens subject to sanctions or legal consequence is a
law.”Black’s Law Dictionary, 6th ed., s.v. “law.” (Will, 2021)

2.2. The purpose of law

The law can be used in a country to:

Laws are designed to regulate social relations. The adjustment of the law on social relations is carried out
in two directions: on the one hand, the law recognizes the main social relations in society. On the other
hand, the law ensures the development of social relations:

Promulgating legal documents to regulate practical issues. The increasingly diverse and multi-dimensional
society with complex relationships, many problems directly related to stability and socio-economic
development are posing practical problems to the State. must be resolved in the process of management
and administration.
Legal documents to institutionalize and ensure the implementation of policies. Law is an expression of the
activities of policies. Promulgated legislation can provide indirect measures, through the creation of a
legal corridor in which each individual acts as the driving force. Through legal documents, localities have
put forward measures to well manage schools, and hospitals, build and manage clean water systems, roads,
etc. Through legal documents and laws, local authorities put in place measures to attract investment,
encourage the development of businesses, and effective enforcement mechanisms.

Promulgating legal documents to create/allocate/promote resources for economic development.

Legislation can create conditions to increase employment and increase income. The law provides owners
with access to information technologies and markets, with credit and management skills, thereby helping
them to increase labor productivity and increase income.

Promulgating legal documents contributes to stabilizing social order, creating opportunities for good
management and development. It is necessary to distinguish legal norms from other social norms. While
social norms, even though they are recognized by society, are still not guaranteed by coercive measures of
the state, on the contrary, legal norms are always guaranteed by coercive force of the regime of the state.

Legal documents that change undesirable behaviors and establish appropriate behaviors. To create
conditions for development, we need to use the law to change the behavior of the majority of the people,
especially state officials. State officials are the first to have the responsibility to ensure a just, civilized,
and democratic society, and on behalf of the people they represent, the people. Local officials on the one
hand perform the tasks prescribed by law, but on the other hand, this is also the entrustment of the people
to their representatives directly (the People's Council) or indirectly (the People's Committee) in the
government apparatus.

Purpose of each branch of law:

Administrative law provides a comprehensive set of legal norms governing social relations formed in the
process of organizing and implementing the State's executive-executive activities in each field of social
life. These are social relations arising in the process of state management.

State Law provides a comprehensive set of legal norms governing the basic relations of state power
organization, political, socio-cultural, economic, electoral regime, rights and obligations. basic civic
service...
Land law provides legal norms governing the social relations formed in the field of land protection and
management and use.

Civil law provides legal norms governing property relations in the form of goods-money. Some non-
property personal relationships such as patent rights and scientific and technological inventions, creation
of works and literature and art.

Financial law provides legal norms governing social relations arising in the field of financial revenue and
expenditure activities of the State.

Marriage and family law provides legal norms governing social relations in marriage and family (personal
relations, property relations arising from the marriage between a man and a woman).

Labor law provides legal norms governing the social relations arising between employees and employers
(individuals or organizations) in direct relationships that produce material wealth for society. festival.

The Civil Procedure Law provides legal norms governing the relations between the judicial authorities, the
people's procuracies at all levels, the litigants and other participants in the investigation and adjudication
of cases.

Criminal law consists of legal norms that define what acts are criminal and how they should be punished.

Criminal procedure law provides the legal norms governing social relations arising in the investigation,
prosecution and trial of criminal cases.

Economic law is the provision of legal norms governing economic relations arising in the process of
management and leadership of economic activities of the State, as well as in business activities between
organizations and units. economic position.

2.3. Sources of law

2.3.1. Sources of law in Vietnam

Sources of law are divided into two major types:

1) The party’s Policy, Economic Policies, and Legal Philosophy are fundamental elements that shape the
nature of the legal system ( refers to natural sources of law )
2) General legal principles, written legal documents, international treaties, customary regulations, and
judicial decisions are fundamental elements for the interpretation and application of laws in practice
(refers to statutory sources of law). (Phan, 2019)

Legal documents are the main sources of law:

Vietnam has a civil law system; therefore, sources of law include mainly written laws. The law refers to
various types of legislation as prescribed by Law on laws 2015. The sources of law include the following
documents (Article 4, Lawon Laws 2015):

1) The Constitution.

2) Codes and Laws (hereinafter referred to as Laws), Resolutions of the National Assembly.

3) Ordinances, Resolutions of Standing Committee of the National Assembly; Joint Resolutions between
the Standing Committee of the national assembly and the Management Board of the Central Committee of
the Vietnamese Fatherland Front.

4) Orders and Decisions of the President.

5) Decrees of the Government; Joint Resolutions between the government and the Management Board of
the Central Committee of the VietnameseFatherland Front.

6) Decisions of the Prime Minister.

7) Resolutions of the Judge Council of the People’s Supreme Court.

8) Circulars of the executive judge of the People’s Supreme Court; Circularsof the Chief Procurator of the
Supreme People’s Procuracy; Circularsof Ministers, Heads of ministerial agencies; Joint Circulars
between the executive judge of the People’s Supreme Court and the Chief Procurator of the Supreme
People’s Procuracy; Joint Circulars between Ministers, Heads of ministerial agencies and the executive
judge of the People’sSupreme Court, the Chief Procurator of the Supreme People’s Procuracy; Decisions
of the State Auditor General.

9) Resolutions of the People’s Councils of central-affiliated cities and provinces (hereinafter referred to as
provinces).
10) Decisions of the People’s Committees of provinces.

11) Legislative documents of local governments in administrative-economic units.

12) Resolutions of the People’s Councils of districts, towns, and cities within provinces (hereinafter
referred to as districts).

13) Decisions of the People’s Committees of districts.14. Resolutions of the People’s Councils of
communes, wards, and towns within districts (hereinafter referred to as communes).

14) Decisions of the People’s Committees of communes.

The sources of law include legal documents which are formed with hierarchical legal validity in principle.
The Constitution has the highest legal validity in the national legal system.

Judicial precedents

The precedents have been recognized as a source of law since 2016. No. 03/2015/NQ-HDTP on the
process for selecting, publishing, and adopting precedents states:“ Precedents are arguments and rulings
written on effective judgments or decisions (hereinafter referred to as judgment) of the courts that are
selected by the Council of Justices of the Supreme People’s Court and published by the Chief Justice of
the Supreme People’s Court in order for other courts to study and adopt them when deciding later cases.”

The precedents will be used to handle similar cases to ensure that the two cases have similar facts to one
another and shall have the same settlement results. “If a precedent is used, all judgments of courts having
precedential value, all similar facts specified in the precedent and all similar facts in the case to be solved
and the legal opinion mentioned in the precedent must be cited, analyzed and specified in the judgment or
the decision of the court; if the precedent is not adopted, they must provide an explanation in the
judgment” (Article 8, section 2).

In principle, a customary regulation is not a source of law. However, customary regulations will be
adopted as a source of law if they are used to deal with a specific case. Vietnam denies customary
regulations as a source of law in some legal documents. Article 5 of the Civil Code 2015 denies the
application of practices as follows:
1) Practices mean rules of conduct necessary to dene rights and obligations of persons in specific civil
relations, formed and repeated over a long time, recognized and applied generally in a region, race or
community, or civil eld.

2) In cases where it is neither provided for by law nor agreed upon by the parties, practices may apply but
they must not contravene the principles provided for in Article 3 of this Code.

2.3.3. Sources of law in United Kingdom

The United Kingdom consists of Great Britain (England, Wales, Scotland) and Northern Ireland. Some
laws apply throughout the UK, some apply only in one of the four regions of England, Scotland, Wales
and Northern Ireland.

Sources of law: The British legal system has four main sources: Law passed by Parliament, Common Law,
European Union Law, and the European Treaty on Human Rights.

Act of Parliament: These source of law is crucial in context of UK because there government is the
sovereign body and that makes more important that law should be properly commenced. Here, laws are
commence as per the need and demand of society and country.(Arthur, 2021)

Common law is the law developed over time through decisions in individual court cases. It is usually
necessary to examine several court cases decided over time to understand the common law on any specific
topic. Parliament can change a common law by passing a statute that says something different.(Arthur,
2021)

European Union Law: The European Union has legal personality and as such its own legal order which is
separate from international law. Furthermore, EU law has direct or indirect effect on the laws of its
Member States and becomes part of the legal system of each Member State. The European Union is in
itself a source of law. The legal order is usually divided into primary legislation (the Treaties and general
legal principles), secondary legislation (based on the Treaties) and supplementary law. (Hoang, 2021)

European Convention on Human Rights (ECHR)

Signed in 1950 by the Council of Europe, the ECHR is an international treaty to protect human rights and
fundamental freedoms in Europe. All 47 countries forming the Council of Europe are party to the
Convention, 27 of which are members of the EU.
The Convention established the European Court of Human Rights, intended to protect individuals from
human rights violations. Any person whose rights have been violated under the Convention by a state
party may take a case to the Court. This was an innovative feature, as it gave individuals rights in an
international arena. Judgments finding violations are binding on the countries concerned. The Committee
of Ministers of the Council of Europe monitors the execution of judgements. The Convention has several
protocols, which amend its framework. The Treaty of Lisbon, in force since 1 December 2009, permits the
EU to accede to the ECHR and a draft agreement for accession was finalised in 2013. (Nguyen, 2021)

III. (M1) Evaluate the effectiveness of the legal system in terms of recent reform and
developments, with respect to the UK legal system.

This example briefly refers to the judiciary of England and Wales, the Court Service, which extends to
Scotland and the Supreme Court of the United Kingdom, which has jurisdiction over the whole of the
United Kingdom since it superseded the House Judiciary Committee in October 2009.

The justice system is one of the three branches of the state. The other two branches are the executive, or
the government, and the legislature, which is the two Houses of Parliament. In most democracies these
three branches of the state are separate from each other. They have roles and functions that are defined
within written constitutions, preventing the concentration of power in any one branch and enabling each
branch to serve as a check on the other two branches. This is known as separation of powers.

The United Kingdom, famously and almost uniquely, does not have a constitution that is contained in a
written constitutional instrument. It is to be found in the statutes passed by Parliament and in the common
law, which developed over the centuries in the decisions of the courts.

Lack of a written constitution is one of the consequences of the way the current political and legal
institutions in the United Kingdom have evolved since 1066. Another consequence is that our institutions
did not separate the functions and powers of the three different branches of the state, the executive, the
legislature, and the judiciary.

For example, the government (or executive) is made up of MPs and peers who are also members of the
legislature (the House of Commons and the House of Lords). In the United States by contrast, the
President and members of the Cabinet (the executive) are entirely separate from the legislature (the Senate
and the House of Representatives).

Until the end of the 19th Century judges could be elected as MPs, and in some rare cases, judges such as
the Lord Chief Justice, would serve as members of the Cabinet, and thus be members of the government.
Notably, until October 2009 highest court was a committee of the House of Lords. Although since the last
quarter of the 19th century only judges appointed as Lords of Appeal in Ordinary (“Law Lords”) and other
peers who have held high judicial office have been able to take part in the work of the Committee, Law
Lords continued to contribute to debates, in particular on proposals for legislation about the courts and the
administration of justice.

The overlap between the judicial branch of the state with the other branches was for the most part brought
to an end in the 19th Century. There was, however, one significant exception to this: the office of Lord
Chancellor. The Lord Chancellor’s office is one of the oldest in the United Kingdom, originating
according to some in Anglo-Saxon times, but with a formal history beginning in 1068 after the Norman
Conquest. The Lord Chancellor’s office was the clearest example of how the British constitution did not
separate and indeed mixed the three branches of the state. The Lord Chancellor was a senior Cabinet
minister and therefore a member of the executive, a judge and the head of the judiciary of England and
Wales, and a member of the legislature, indeed the person who presided over the deliberations of the
House of Lords, in effect its Speaker. The one office involved and combined all three branches of
government. This might have been acceptable when the office came into existence. Its continued existence
in that form had however been questioned on a number of occasions in the last two hundred years. Most
famously, it was criticised by Walter Bagehot in The English Constitution (1867) in the following terms:

“The whole office of the Lord Chancellor is a heap of anomalies. He is a judge, and it is contrary to
obvious principle that any part of administration should be entrusted to a judge; it is of very grave
moment that the administration of justice should be kept clear of any sinister temptations. Yet the Lord
Chancellor, our chief judge, sits in the Cabinet, and makes party speeches in the Lords.”

Such concerns continued to be raised during the 20th Century. Although since the 1960s the Lord
Chancellor sat as a judge less frequently, he continued to appoint judges. Moreover, the administrative
responsibilities of the office for the court system increased significantly as a result of the reforms
introduced by the Courts Act 1971 which transferred responsibility for many courts from cities and local
authorities to central government and the Lord Chancellor.

The concerns were finally addressed in 2003 when the government proposed the abolition of the office of
Lord Chancellor. The result of this clearer appreciation of the principles of the separation of powers in
relation to judicial functions was, however, not abolition of the office but reform.

The Constitutional Reform Act 2005 brought about a significant change in the nature of the office,
essentially removing the Lord Chancellor’s position as a judge and head of the judiciary of England and
Wales, and position as the Speaker of the House of Lords. The Lord Chancellor is now a Secretary of
State and, like other Cabinet ministers, also a member of the legislature. As part of the process which led
to the Constitutional Reform Act, in January 2004 the Government and the judiciary entered into a
“Concordat”. One essential purpose of this was to guarantee the continued independence of the judiciary.
The Concordat also sets out which of the functions hitherto exercised by the Lord Chancellor were
“judicial” and now the province of the judiciary, which were “administrative” and remain the province of
government, and which are “hybrid” and should be shared.

The 2005 Act did more than simply reform the office of Lord Chancellor. It made reference to two of the
fundamental principles of our constitution, the rule of law and the independence of the judiciary. While
the judiciary’s independence has long been an issue that has been referred to in statute, such as the Bill of
Rights 1689 or the Act of Settlement 1701, this was the first time that the rule of law was specifically
referred to in statute. Common understandings had grown up over the centuries about what these entailed,
but in the light of the other changes made it was considered important for the Act to refer to them and thus
to give them statutory force. Details of the key changes brought in by the Act include:

 An explicit statutory duty on government ministers to uphold the independence of the judiciary.
Ministers are specifically barred from trying to influence judicial decisions through any special access
to judges. The Lord Chancellor also has a specific statutory duty to defend the judiciary’s
independence. For example, this duty requires the Lord Chancellor to defend members of the
judiciary carrying out their judicial functions from adverse comment by other members of the
government. The starkest example of this arose as a consequence of the Sweeney case in June 2006.
Craig Sweeney was sentenced to life imprisonment. The sentencing judge was required to set a
minimum period of imprisonment before which the Parole Board could not consider his release on
 licence and, in accordance with statutory provisions and the sentencing guidelines the judge set a
minimum period of five years and 108 days. Both the Home Secretary and a junior minister in the
Department of Constitutional Affairs, criticised this. The DCA minister went so far as to say on Radio
4 that the sentence was wrong, although she later withdrew her comments. The Lord Chancellor
spoke out against both his governmental colleagues and publicly defended the sentencing judge. In
doing so he acted consistently with the duty imposed on the Lord Chancellor to defend the judiciary;

 The transfer of the Lord Chancellor’s judicial functions to the Lord Chief Justice who became the
President of the Courts of England and Wales. As a consequence of this transfer of responsibility the
Lord Chief Justice gained responsibility for the training, guidance and deployment of Judges. They
also have the responsibility for representing the views of the judiciary of England and Wales to
Parliament and ministers;

 The creation of a United Kingdom Supreme Court which is separate from and independent of the
House of Lords. The new court has its own independent appointments system, staff, budget, and
building in the former Middlesex Guildhall, opposite the Houses of Parliament;

 The establishment of an independent Judicial Appointments Commission. The Commission has the
effective responsibility for selecting judges, although formally the Commission makes
recommendations to the Lord Chancellor. This seeks to ensure that, while merit remains the sole
criterion for appointment, the appointments system is more open and transparent;

 The establishment of the Judicial Appointments and Conduct Ombudsman, responsible for
investigating and making recommendations concerning complaints about the judicial appointments
process, and the handling of complaints about judicial conduct.

The changes to the constitutional position since 2003 have also had important practical consequences.
These relate to the day-to-day leadership of the judiciary, the way judges are appointed and the way in
which complaints are dealt with. These changes have helped to clarify the independence of the judiciary
and are designed to enhance accountability, public confidence and the effectiveness of the work of the
judiciary. The creation of a Ministry of Justice in 2007 which brought together responsibility for criminal
justice, prisons, and penal policy (previously the Home Secretary’s responsibility) and responsibility for
the courts service and legal aid (previously the Lord Chancellor’s responsibility) led to a further
agreement between government and the judiciary in January 2008. This recognises that the judiciary has a
distinct responsibility to deliver justice independently.

IV. ( P2 ) The role of government in law making and how statutory and common law
is applied in the justice courts

4.1. The role of Government in law making

4.1.1. The role of Government in law making in UK

Definition

Government is the administrative body who set public policy and is comprised of the Executive Council
(Cabinet) and the Premier or Prime Minister, supported by the Members of Parliament from the political
party which elected the most members. (Legislative Assembly of Ontario) Headed by the Prime Minister,
the Government is in charge of how the country is run. They manage how much Tax we pay, where and
how that Tax is spent, the running of our public services. Also, the UK Government officially represents
the country when talking to other countries in the world. Because the Government has the majority of
seats in Parliament, they mostly have the power to set and pass laws. However, it is not certain that
Government legislation will pass as sometimes MPs from the Government Party ‘rebel’ and vote against
Government proposed law, stopping it from passing. The Government are not the only people that can
propose legislation, it can be proposed from any Member of Parliament whether in the Government Party
or not. (Khue, 2020)

What is Secondary Legislation?

Secondary legislation is law created by ministers (or other bodies) under powers given to them by an Act
of Parliament. It is used to fill in the details of Acts (primary legislation). These details provide practical
measures that enable the law to be enforced and operate in daily life. Secondary legislation can be used to
set the date for when provisions of an Act will come into effect as law, or to amend existing laws. (Chegg,
2021)

What is secondary legislation used for?

Secondary legislation is used for broadly three purposes: (Marshall, 2020)

1) To fill out the detail of an Act of parliament. Many Acts of Parliament only set out the high-level
policy direction, leaving much of the technical detail to be provided through secondary legislation later.
This approach is usually taken for two reasons. First, as parliament has already approved the broad shape
of the policy and adding such detail is not thought to warrant the same intensive scrutiny as an Act of
parliament. Second, practically, there is insufficient parliamentary time or capacity to include such
technical detail in an Act of parliament.

2) To provide flexibility to update the law when necessary. In some areas, policy is subject to regular,
small changes, which are not thought to warrant a new Act of parliament. For instance, if a parent. Act
establishes a particular benefit, secondary legislation may be used to uprate the benefit each year. In some
cases, powers to create secondary legislation may have been made with the intention that they would be
used for relatively uncontroversial purposes, but later be used to make significant policy change.

3) To respond to urgent situations. Some parent Acts provide for secondary legislation to come into effect
immediately, allowing the government to rapidly change the law in response to events.

4.1.2. The role of Government in law making in Vietnam

What is a sub-law document? What are sub-law documents used for?

A legal document is a system of general rules of conduct promulgated by the state in a certain order and
procedure, including mandatory rules of conduct in order to regulate social relations. according to the will
of the state, secured by state coercion.

Sub-law documents are one of two types of legal documents, these are documents with legal content,
issued by central state agencies and local state management agencies. . A sub-law document is issued to
specify a content that a legal document has prescribed. Promulgated sub-law documents may concretize
and detail legal documents but must not be contrary to the provisions of the constitution and legal
documents. (Dương & luật, 2022)

Currently, the sub-law documents include: Ordinance, Resolution, Ordinance, Decree, Decision, Circular.

 Ordinance is a type of legal document or specific legal document of the head of the state apparatus or
executive apparatus, promulgated by the President. Currently, in some countries, decrees can be
issued by the President, Prime Minister or Court. Ordinances issued have legal value in regulating
 social relations; in order to stipulate urgent issues of life that require the management of the State
without the conditions or necessity to immediately prescribe them into law. Ordinances are also the
basis for making laws.

 Decree is a form of legal document promulgated by the Prime Minister. The Decree details the issues
specified by legal documents or stipulates the rights and obligations of the people on the basis of the
provisions of the Constitution and legal documents promulgated by the National Assembly. Decrees
are issued by the Government mainly to concretize and detail the law.

 Decision is also a type of legal document with special properties compared to other sub-law
documents because it is both a legal document and an application of the law issued by the agency.
onion. competent state. Decisions are often used to make measures to well implement the guidelines
and policies of the Party and State or are used to solve daily tasks related to the operation of state
agencies. Valuable decisions concretize legislative decisions.

 Circular is a type of sub-law legal document, promulgated by ministers and heads of ministerial-level
agencies, used to guide the implementation of legal documents promulgated by superiors. Usually,
circulars will be used to guide government decrees. Circulars are usually issued by a ministry to guide
the handling of regulations.

Compare legal documents and sub-law documents:

 Regarding the issuing authority:

Law documents are promulgated by the National Assembly - the state agency with the highest executive
authority in accordance with certain orders and procedures used to regulate social relationships according
to the will of the State. ensure implementation by state power.

Documents under the Law issued by central state agencies and local state management agencies. Sub-law
documents are promulgated to specify a content prescribed by legal documents. Promulgated sub-law
documents may concretize and provide detailed provisions for legal documents, however, they must not
be contrary to the provisions of the constitution and legal documents. Sub-law documents are legal
documents promulgated by state agencies in the order, procedures and forms prescribed by law, including:
ordinances, decrees, resolutions, orders and decisions , Circulars.
 Legal effect:

The legal document has the highest legal effect.

Sub-Law documents have lower effect after the Constitution and Law documents

4.2. The role of Parliament in law making in United Kingdom

4.2.1. The role of he UK Parliament are to:

The role of he UK Parliament are to:

1) Check and challenge the work of the Government (scrutiny)

One of Parliament's main roles is to examine and challenge the work of the government. The House of
Commons and the House of Lords use similar methods of scrutiny, although the procedures vary.

The principal methods are questioning government ministers, debating and the investigative work of
committees. The government can publicly respond to explain and justify policies and decisions.

2) Make and change laws (legislation)

3) Debate the important issues of the day (debating)

Debates in the Commons provide an opportunity for MPs to look at the creation and amendment of laws
as well as national and international issues and can be on any subject. Votes are often taken to see whether
a majority of Members either support or reject any discussed laws or proposals. The House of Lords also
check the work of government by scrutinising legislation.

4) Check and approve Government spending (budget/taxes)

Parliament looks closely at the Government's tax and spending plans on our behalf and tries to make sure
that public money is being spent fairly and efficiently. The Government cannot raise new taxes or spend
public money without Parliament's agreement.

Approving Government taxation

Why are taxes needed by the Government?

The Government needs to raise money through taxation to deliver their spending priorities and to fund key
public services such as schools, the NHS and the armed forces. Taxes may apply to individuals or
businesses or be added to the price of goods and services we buy (VAT).

The Government's annual Budget Statement and Finance Bill

Each year the Chancellor of the Exchequer presents the Budget, this sets out all the major changes in
taxation that the Government are proposing for the coming year. These measures are then contained in the
annual Finance Bill. Parliament debates the Budget and scrutinises the Finance Bill.

The Budget and Parliament

Provisional collection of taxes and the Budget Resolutions

After the Chancellor finishes his Budget speech in the House of Commons, MPs are asked to approve
some measures immediately, on a provisional basis, such as any changes to the rates of duty on alcohol
and tobacco. These changes come into effect on 6pm on Budget day. Four consecutive days of debate then
take place in the Commons on the remaining tax measures, known as the Budget Resolutions. On the last
of these days, MPs are asked to pass all the resolutions. In doing this they are giving Parliament's
provisional consent for: any taxes that are new, any annual taxes that are being renewed, any existing
taxes that are being increased or being applied more widely, any other provisions that need to be agreed
provisionally

The Finance Bill

A new Finance Bill is presented to Parliament each year; it enacts the proposals for taxation made by the
Chancellor of the Exchequer in the Budget statement and brings them into law. Once the House of
Commons has agreed the Budget Resolutions, the Finance Bill starts its passage through Parliament in the
same way as any other bill. The House of Lords has a limited role in respect of Finance Bills. The House
of Commons has the sole right to initiate and amend bills whose main purpose is to levy taxes or authorise
expenditure. The House of Lords will have a second reading debate on the Finance Bill but they will not
consider the Bill clause by clause and will not amend the Bill.
4.2.2 The process of making new law in the UK

A bill is a proposed law which is introduced into Parliament. Once a bill has been debated and then
approved by each House of Parliament, and has received Royal Assent, it becomes law and is known as an
act. (Legislative process: Taking a bill through Parliament). (Thanh)

The choice to enact legislation

The government will have a legislative agenda for each session of Parliament, which is a schedule of the
legislation it will ask Parliament to examine during that session (the period between elections is divided
up into sessions, and each of those sessions usually lasts about a year). Each session, additional legislation
that is not on the congressional agenda may be enacted. These could, for instance, be urgent bills needed
to address a current problem or they could be Private Members' Bills presented by a person outside the
government.
Preparation of the bill

The agency in question will form a bill team to organize the drafting and passage of a bill through
Parliament if it is granted a slot in the legislative schedule. This will be made up of a bill controller and
other bill-related employees. The department's law advisors and the officials in charge of implementing
the bill's policies will be its other major actors.

A Bill can start in the Commons or the Lords and must be approved in the same form by both Houses
before becoming an Act (law). The passage of a Bill through Parliament and provides further information
about each stage of the process.

Bill starting in the House of Lords

First reading (Commons)

Formal introduction – No debate on the Bill

First reading is the first stage of a Bill's passage through the House of Commons - usually a formality, it
takes place without debate. The Bill is published as a House of Commons paper for the first time.

Second reading (Commons) - Debate on general principles of the Bill

The Government minister, spokesperson or MP responsible for the Bill opens the second reading debate.
The official Opposition spokesperson responds with their views on the Bill. The debate continues with
other Opposition parties and backbench MPs giving their opinions. At the end of the debate, the Commons
decides whether the Bill should be given its second reading by voting, meaning it can proceed to the next
stage.

Committee stage (Commons) - Line by line examination of the Bill

Committee stage is where detailed examination of the Bill takes place. Amendments (proposals for change)
for discussion are selected by the chairman of the committee and only members of the committee can vote
on amendments during committee stage.

Report stage (Commons)

Chance for the whole House to discuss and amend the Bill. Report stage gives MPs an opportunity, on the
floor of the House, to consider further amendments (proposals for change) to a Bill which has been
examined in committee.

Third reading (Commons) - Opportunity for final debate on the Bill

The third reading is the final chance for the Commons to debate the contents of a Bill. Amendments
(proposals for change) cannot be made to a Bill at third reading in the Commons. At the end of the debate,
the House decides (votes on) whether to approve the third reading of the Bill. If the Bill started in the
Commons it goes to the House of Lords for its first reading. If the Bill started in the Lords it returns to the
House of Lords for consideration of any amendments the Commons has made.

First reading (Lords) - Formal introduction - no debate on the bill

The first reading is the first stage of a bill's passage through the House of Lords - usually a formality, it
takes place without debate.

Second reading (Lords)

The second reading is the first opportunity for members of the Lords to debate the key principles and main
purpose of a bill and to flag up any concerns or specific areas where they think amendments (changes) are
needed.

Committee stage (Lords)

The committee stage involves a detailed line-by-line examination of the separate parts (clauses and
schedules) of a bill. Starting from the front of the bill, members work through to the end. Any member of
the Lords can take part.

Report stage (Lords)

The report stage gives all members of the Lords a further opportunity to examine and make amendments
(changes) to a bill.

Consideration of amendments

Each House considers the other's amendments

When a Bill has passed through the third reading in both Houses it is returned to the first House (where it
started) for the second House's amendments (proposals for change) to be considered. Both Houses must
agree on the exact wording of the Bill. There is no set time period between the third reading of a Bill and
consideration of any Commons or Lords amendments.

If the Commons makes amendments to the Bill, the Lords must consider them and either agree or disagree
with the amendments or make alternative proposals. If the Lords disagrees with any Commons
amendments or makes alternative proposals, then the Bill is sent back to the Commons. A Bill may go
back and forth between each House until both Houses reach an agreement. Once the Commons and Lords
agree on the final version of the Bill, it can receive Royal Assent and become an Act of Parliament (the
proposals of the Bill now become law). In exceptional cases, when thetwo Houses do not reach an
agreement, the Bill falls.

Third reading (Lords)

The third reading in the Lords is the chance for members to ‘tidy up' a bill, concentrating on making sure
the eventual law is effective and workable – without loopholes.

Royal Assent

Bill becomes an Act of Parliament

When a Bill has completed all its parliamentary stages in both Houses, it must have Royal Assent before it
can become an Act of Parliament (law). Royal Assent is the Monarch's agreement to make the Bill into an
Act and is a formality. When Royal Assent has been given to a Bill, the announcement is usually made in
both Houses - at a suitable break in each House's proceedings – by the Lord Speaker in the Lords and the
Speaker in the Commons. The legislation within the Bill may commence immediately, after a set period
or only after a commencement order by a Government minister. A commencement order is designed to
bring into force the whole or part of an Act of Parliament at a date later than the date of the Royal Assent.
The practical implementation of an Act is the responsibility of the appropriate government department, not
Parliament.

4.3. Example of a law case

Plaintiff: Ms. Le Thi Kim T, born in 1968; Address: Quarter A, town D, district D, Binh Thuan province.
Defendant: Ms. Tran Thi Ai H, born in 1975; Address: group B, quarter C, town D, district D, Binh Thuan province.

Persons with related rights and obligations:

+ Mr. Vo M, born in 1965; Address: Quarter A, Town D, District D, Binh Thuan Province.

+ Mr. Tran Trung N, born in 1971; Address: group B, block C, town D, district D, Binh Thuan province. At the trial,
the plaintiff was present; persons with interests and obligations related to Mr. Vo M; in the absence of defendant Ms.
Tran Thi Ai H; People with interests and obligations related to Mr. Tran Trung N have no reason.

CASE CONTENT:

According to the case file as well as at the trial, the plaintiff Ms. Le Thi Kim T presented:

Previously, Mr. Tran Trung N and Ms. Tran Thi Ai H had many times come to borrow money from Mrs. T and Mr.
M to develop the family economy, also during that time Mr. N and Mrs. H also bought pig feed many times. Mr. M
and Mrs. T to raise livestock. Borrowing money and buying pork bran between Mr. M, Ms. T and Mr. N, Ms. H
only agreed to hand over cash and take credit, but did not write any documents. After borrowing money and buying
bran, Mr. N and Mrs. H did not pay Ms. T and Mr. M the amount owed. Therefore, on January 15, 2013 (lunar
calendar), Ms. T and Mr. M came to the house to ask Mr. N and Mrs. H to pay. However, because there is no money,
Mr. N and Mrs. H have an appointment with Ms. T, Mr. N will gradually pay this amount as soon as possible, the
parties do not agree on the interest. After calculating and closing the amount, it is determined that by January 15,
2013 (lunar calendar), Ms. H, Mr. N still lacks Ms. T, Mr. M in the amount of 100,000,000 VND. To believe that
Mrs. H wrote a "loan letter" and handed it over to Ms. T, Mr. McKat kept it. However, since the time of writing the
loan letter up to now, although Ms. T and Mr. M have repeatedly asked Ms. H and Mr. N to pay this amount, Mr. N
and Mrs. H still did not pay and tried to escape. Therefore, Ms. T asked Ms. H and Mr. N to be jointly responsible
for paying Ms. T and Mr. M the amount of VND 100,000,000, and Ms. T did not request interest to be calculated.
Other than that, Ms. T has no other requirements.

According to the case file as well as at the court hearing, the person with related interests and obligations, Mr. Vo M
presented:

Mr. M agreed as presented by Ms. T. The current amount of Ms. H and Mr. Nthieu is the common property of Mr
and Mrs. M and Mrs. T. Therefore, Mr. Mieu requests Mr. Tran Trung N, Ms. Tran Thi Ai H. must jointly pay Mr.
M and Ms. T an amount of VND 100,000,000, Mr. M does not require interest calculation. Besides, Mr. M has no
other requirements.
To the defendant Ms. Tran Thi Ai H and the person with related interests and obligations Mr. Tran Trung N:
Despite being properly served by the Court, Notice of acceptance of the case No: 169/TB-TLVA, dated October 6/
2016. However, they did not submit a written opinion to the People's Court of Duc Linh district, nor did they
request a counter-claim.

In addition, the Court duly served the Notice of the meeting to examine the handover, access, disclosure of evidence
and conciliation No.:159/TB-TA, October 10, 2016; Notification of the outcome of the session meeting on October
25, 2016; Notice of the meeting to check the handover, access, disclosure of evidence and conciliation No.:186/TB-
TA, November 11, 2016; Notice of the meeting results on November 29, 2016. However, Ms. H and Mr. N were
absent without reason, so the conciliation could not be conducted. Ms. H, Mr. N also had no opinion regarding the
evidence provided by the plaintiff. During the argument, the representative of the People's Procuracy of Duc Linh
district expressed the following opinions:

The Judge's compliance with the law: In the process of settling the case, the Judge has strictly complied with the
provisions of the civil procedure law.

Compliance with the law by the Trial Panel: At the trial, the Trial Panel strictly complied with the provisions of the
Civil Procedure Code on the first-instance trial and ensured the correct trial principles.

The law observance of the involved parties in the case: Since accepting the case as well as at the trial today, the
involved parties have strictly complied with the provisions of the Civil Procedure Code 2015 on the rights and
obligations of the parties. litigant.

Regarding the content of the case: Pursuant to Articles 463 and 466 of the 2015 Civil Procedure Code; and Clause 1,
Article 27, Clause 2, Article 37 of the Law on Marriage and Family 2014 accepted the plaintiff's petition to force
Ms. Tran Thi Ai H and Mr. Tran Trung to be jointly obliged to pay Ms. Le Thi Kim T and Mr. Vo Amount
100,000,000 VND

COURT'S COMMENTARY:

[1] About the proceedings: At the trial, the defendant Ms. Tran Thi Ai H; the person with related interests and
obligations, Mr. Tran Trung N, was absent without reason. The representative of the People's Procuracy of Duc
Linh district was absent. requesting the Trial Panel to conduct the trial in the absence of Ms. H, Mr. N. The Trial
Panel finds that: The Court has duly served the trial procedures for Ms. H and Mr. N in accordance with the law up
to the third time. The two defendants and persons with related interests and obligations are absent without reason.
Pursuant to the provisions of Point b, Clause 2, Article 227, Clause 3, Article 228 of the 2015 Civil Procedure Code,
the Trial Panel shall decide to conduct the trial in the absence of the defendant; persons with related interests and
obligations. at trial is appropriate.

[2] Regarding the determination of the dispute relationship in the case: According to Ms. T, Mr. M previously
presented between him and Mrs. H, Mr. No had many times agreed to borrow money and buy and sell pig bran
together. After that, the grandparents repeatedly asked Mr. N and Mrs. H to pay because there was no money to pay,
so the parties agreed to write a loan paper, the parties did not agree on the interest rate, as well as the payment time.
During the working process as well as at the trial of Ms. T, Mr. M all required Ms. H and Mr. N to pay the loan
amount on January 15, 2013 (lunar calendar), no interest is required. Thereafter, there are sufficient grounds to
determine that the dispute related to the above amount is the "dispute over the property loan contract" in the case of
an indefinite and interest-free loan specified in Clause 3, Article 26 of the 2015 Civil Code; Article 463 and Clause
1, Article 469 of the Civil Code 2015

[3] About the case: At the trial, Ms. Tvong M still requested that the Court settle the case forcing Mr. Tran Trung N
and Ms. Tran Thi Ai to jointly pay Ms. T and Mr. M's wife the amount of VND 100,000,000 borrowed on January
15, 2013. (lunar calendar). To prove his lawsuit claim during the trial of Ms. T, Mr. M provided the Court with a
loan paper (file number 51) which, according to Ms. T, Mr. M believed that the content was written and signed by
Ms. H at the time. January 15, 2013 (lunar calendar) when the parties close the debt amount from previous
purchases and loans

Seeing that: After accepting the case, the Court has duly served the Notice of acceptance of the case; Notices of the
meeting to check the handover, access, disclosure of evidences and conciliation; Notices of meeting results and
evidence provided by the plaintiff. But Ms. H and Mr. N both had no opinion regarding the lawsuit claim, the
evidence provided by the plaintiff as well as no counterclaim. Pursuant to Clauses 1, 2 and 4, Article 91 of the 2015
Civil Procedure Code, it is possible to confirm that the evidence provided by the plaintiff is valid. Therefore, the
plaintiff's claim is completely grounded and should be accepted

At the trial, Ms. T and Mr. M all presented the amount of money that Mr. N and Mrs. H still lacked as a joint debt of
husband and wife N and Mrs. H for the purpose of borrowing money to invest in the development of the family
economy. Therefore, it is necessary to force Ms. H and Mr. N to have joint responsibility to pay Mr. M and Ms. T
the above amount in accordance with the provisions of Article 27 of the Law on Marriage and Family 2014.

About interest rate: Ms. T, Mr. M have no request. Therefore, the Trial Panel did not consider

[4] Regarding the cost: Since Ms. T's request was accepted, it is necessary to force Ms. H and Mr. N to bear the
DSST's court costs; and refunding the court fee advance to Ms. Le Thi Kim T is in accordance with the law.
For the above reasons;

DECISION:

Based on:

Clause 3, Article 26; Clause 1, Article 35; Clause 1, Clause 2, and Clause 4, Article 91; Clause 3, Article 144;
Article 147; Point b, Clause 2, Article 227; Clause 3, Article 228; Clause 1, Article 273 of the Civil Procedure Code
2015

Article 357; Article463; Clause 1, Article 469 of the 2015 Civil Code;-Article 27 of the 2014 Law on Marriage and
Family;

Article 48 Resolution No. 326/2016/UBTVQH 14, dated December 30, 2016 of the National Assembly Standing
Committee providing for collection, exemption, reduction, collection, payment, management and use of court fees
and charges sentence

Ordinance on Court fees and charges of the Standing Committee of the National Assembly No.:10/2009/PL-
UBTVQH 12, dated February 27, 2009;

Article 26 Law on Civil Judgment Execution 2008

Sentencing: Accepting the petition of Ms. Le Thi Kim T about forcing Ms. Tran Thi Ai H and Mr. Tran Trung N to
pay the loan amount on January 15, 2013 (lunar calendar)

1. Forcing Ms. Tran Thi Ai H and Mr. Tran Trung N to jointly pay Ms. Le Thi Kim T and Mr. Vo M an amount of
VND 100,000,000 (one hundred million VND).

Since Ms. Le Thi Kim T and Mr. Vo M have filed a request for judgment enforcement, Ms. Tran Thi Ai H and Mr.
Tran Trung N will also have to bear interest at the rate of 10%/year corresponding to the time and amount every
month. still have to execute the sentence.

2. Regarding court fees: Forcing Ms. Tran Thi Ai H and Mr. Tran Trung N to pay 5,000,000 VND (five million
VND) in first-instance civil court fees.

Ms. Le Thi Kim T and Mr. Vo M did not have to bear the first-instance civil court costs. Refund to Ms. T the
amount of 2,500,000 VND (Two million five hundred thousand VND) in first-instance civil court fee advance paid
according to the receipt of payment of court fee advances and court fees No. 0009564, dated October 6, 2016 at the
Sub-Department Civil judgment execution in Duc Linh district
3. Regarding the right to appeal: Notify the plaintiff; Persons with related interests and obligations present at the
court hearing are entitled to appeal this judgment within 15 days from the date of judgment pronouncement on
March 30, 2017. Notify the defendant; persons with related interests and obligations who are absent from the court
hearing have the right to appeal this judgment within 15 days from the date of receipt of the posted judgment or
judgment, so that the superior court Appeal hearing

In case a judgment or decision is enforced according to the provisions of Article 2 of the Law on Civil Judgment
Execution, the civil judgment debtor or civil judgment debtor has the right to agree on judgment enforcement, the
right to request the judgment enforcement, and the right to request the judgment enforcement. execute judgments,
voluntarily execute judgments or are coerced to execute judgments according to the provisions of Articles 6, 7 and 9
of the Law on Civil Judgment Execution; The statute of limitations for judgment enforcement shall comply with the
provisions of Article 30 of the Law on Civil Judgment Execution.

CONCLUDE

Clause 3, Article 26; Clause 1, Article 35; Clause 1, Clause 2, and Clause 4, Article 91; Clause 3, Article 144;
Article 147; Point b, Clause 2, Article 227; Clause 3, Article 228; Clause 1, Article 273 of the 2015 Civil Procedure
Code;-Article 357; Article463; Clause 1, Article 469 of the 2015 Civil Code; Article 27 of the Law on Marriage and
Family 2014; Article 48 Resolution No. 326/2016/UBTVQH 14, dated December 30, 2016 of the National
Assembly Standing Committee providing for collection, exemption, reduction, collection, payment, management
and use of court fees and charges court;-Ordinance on court fees and charges of the National Assembly Standing
Committee No.:10/2009/PL-UBTVQH 12, dated February 27, 2009; Article 26 Law on Civil Judgment Execution
2008

The law applies by the Court is the Statutory Law because the Statutory Law is the source of civil law which is
divided into many categories, including the Civil Code, related laws and code.

V. Conclude

As a result, I learned more about many legal sources thanks to the aforementioned article. Above all, I
have come to understand well that law is a set of rules of action or conduct set forth by a competent
authority and which are legally binding. The role and purpose of the law helps society develop and keep it
cleaner. I then briefly refer to the judicial body of England and Wales, the Court, which extends to
Scotland and the Supreme Court of the United Kingdom, which has jurisdiction over the whole of the
United Kingdom since it replaced the Commission. The House Judiciary Committee in October 2009. It
then assesses the effectiveness of the legal system in terms of recent reforms and developments in the UK
legal system. Next I mentioned the UK's law source, Vietnam's law source and the role of government and
parliament in making law; The process of making laws in the UK is extremely tight. Next, give an
example of a rule: Mrs. Louisa Carlill v Carbolic Smoke Ball Company - this is the most frequently cited
case in common law about contracts, especially where unilateral contracts are involved. It provides a great
study of the fundamentals of contracts and how they relate to everyday life. From there, in this report I
make clear how governments make laws and how judicial courts apply statutory and common law law. By
doing so, it also fully demonstrates the importance of business law in maintaining a stable national
economy and sustainable growth.

VI. Self assessment

With criteria P1 I clearly stated in the first report: law is a set of rules of action or conduct prescribed by a
competent authority and with binding legal force. The second point out: the role and purpose of the law to
help society develop and keep it cleaner. I then briefly refer to the judicial body of England and Wales, the
Court, which extends to Scotland and the Supreme Court of the United Kingdom, which has jurisdiction
over the whole of the United Kingdom since it replaced the Commission. House of Commons Judiciary
Committee in October 2009. With criterion M I assessed the effectiveness of the legal system in terms of
recent reforms and developments in the UK legal system. I have mentioned the source of the law of the
UK, the source of the law of Vietnam. With criterion P2, I have outlined the role of government and
parliament in making laws; The process of making laws in the UK is extremely tight. Next, give an
example of a rule: Mrs. Louisa Carlill v Carbolic Smoke Ball Company - this is the most frequently cited
case in common law about contracts, especially where unilateral contracts are involved. It provides a great
study of the fundamentals of contracts and how they relate to everyday life. I have completed the report
with all the criteria of the article. I find myself with my logical ideological stance, I consider myself
worthy of an M in this report.
VII. References

Arthur (2021) UK parliament, Act of Parliament: Available at: https://www.parliament.uk/ (Accessed:

February 17, 2023).

Chegg, N. (2021) What is secondary legislation? - UK parliament, UK Parliament. Available at:

https://www.parliament.uk/about/how/laws/secondary-legislation/ (Accessed: February 17, 2023).

Dương, L.sư N.V. and luật, T.vấn pháp (2022) Văn Bản Dưới Luật là gì? Phân Biệt Văn Bản Luật và Văn
Bản Dưới Luật?, Luật Dương Gia. Available at: https://luatduonggia.vn/van-ban-duoi-luat-la-gi-so-
sanh-phan-biet-van-ban-luat-va-van-ban-duoi-luat/ (Accessed: February 17, 2023).

Hoang, D. (2021) Sources and scope of European Union Law - European Parliament. Available at:
https://www.europarl.europa.eu/ftu/pdf/en/FTU_1.2.1.pdf (Accessed: February 17, 2023).

Khue, M. (2020) Chính phủ là gì ? Vị Trí, Tính Chất và Chức Năng Của Chính Phủ, Công ty Luật TNHH
Minh Khuê. Available at: https://luatminhkhue.vn/chinh-phu-la-gi---khai-niem-ve-chinh-phu.aspx
(Accessed: February 17, 2023).

Ltd, A.A. (2022) Carlill v Carbolic Smoke Ball Co, Law Teacher. LawTeacher. Available at:
https://www.lawteacher.net/free-law-essays/contract-law/carlill-v-carbolic-smoke-ball-co-contract-
law-essay.php (Accessed: February 17, 2023).
Nguyen, C. (2021) European Convention on Human Rights (ECHR), EUR. Available at: https://eur-
lex.europa.eu/EN/legal-content/glossary/european-convention-on-human-rights-
echr.html#:~:text=Signed%20in%201950%20by%20the,are%20members%20of%20the%20EU.
(Accessed: February 17, 2023).

Nguyen, N. (no date) The historical development of Namibia’s common law. Available at:
https://www.lac.org.na/projects/grap/Pdf/Law_4-Common_Law.pdf (Accessed: February 17, 2023).

Phan, H. (2019) Overview of the Vietnamese legal system, Keio University Press. Available at:
https://www.academia.edu/7325321/OVERVIEW_OF_THE_VIETNAMESE_LEGAL_SYSTEM
(Accessed: February 17, 2023).

Thanh, H. (no date) Parliamentary bills - UK parliament. Available at: https://bills.parliament.uk/

(Accessed: February 17, 2023).

Will, A. (2021) source of law, What is law? Available at: https://saylordotorg.github.io/text_law-of-

commercial-transactions/s04-01-what-is-law.html (Accessed: February 17, 2023).