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736-Assignment-1 - Assignment 1 - 736

Law for Business (Trường Đại học FPT)

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ASSIGNMENT 1 FRONT SHEET

Qualification BTEC Level 4 HND Diploma in Business

Unit number and title Uni7: Business Law

Submission date Date Received 1st submission

Re-submission Date Date Received 2nd submission

Student Name Le Ngoc Chan Student ID GBD210632

Class GBD1007A Assessor name Pham Thi Lieu Hanh

Student declaration

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.

Student’s signature

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P1 P2 M1 D1

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Internal Verifier’s Comments:

Signature & Date:

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Table of Contents

I. Introduction..............................................................................................................................................4
II. Findings and explain Law and Social Regulation........................................................................................4
1. Definition of law and Social Regulation..................................................................................................................4
2. Purposes of law......................................................................................................................................................5
3. Main sources of law in Vietnam..............................................................................................................................5
a. A legal document (statutory law).................................................................................................................................................5
b. Customary Law..............................................................................................................................................................................5
c. Law precedent (case precedent)..................................................................................................................................................5

III. Case law and statutory law....................................................................................................................6

1. Role of goverment in making law in Vietnam.........................................................................................................6
2. Example of some sub-law in VN..............................................................................................................................6
3. Differences between Common Law and Statutory Law...........................................................................................9
4. The nature of precedent.......................................................................................................................................11

IV. Conclusion...........................................................................................................................................11
VI. References...........................................................................................................................................12

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I. Introduction

The researcher works as a legal officer at the international investment fund Dragon Capital Fund. This year, the
company's business plan is to invest in the UK and a new market, which is Vietnam. The report delves into the
legal system in these markets in relation to: the source of the law, the role of the government and parliament in
making the law, and how the courts apply the law in dispute resolution. To describe, analyze, and evaluate these
issues, the researcher writes an individual report that focuses on the distinction of the legal systems in the UK
and Vietnam through six main sections that combine the explanation of sources of law; statutory law and case
law; development and recent reforming of the UK legal system and Vietnamese legal system; Parliament and
Government in lawmaking; application for Vietnam; and legal suit in the UK. In addition to providing the reader
with extensive theoretical knowledge of the legal systems of the United Kingdom and Vietnam, this paper
demonstrates how much concrete and factual evidence can be used to identify, persuade, and highlight
important issues.

II. Findings and explain Law and Social Regulation

1. Definition of law and Social Regulation

A body of rules imposed by the state and with authority within it and enforceable by sanctions imposed by the
courts. The law responds and develops as required by the society within which it operates. For example, the
Bribery Act 2010 was introduced to make the law more effective in tackling corruption in relation to corporate
activities whether committed in the United Kingdom or abroad. The law affects people personally every day of
their lives. For example, it determines eligibility for a student loan,rights to treatment under the National Health
Service and entitlements and responsibilities as a consumer, business, employer or employee (Adams, 2020).

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2. Purposes of law
 Constitutional law provides a governmental structure and legislative procedures.
 Administrative responsibility for providing public services and raising taxes to pay for them.
 Administrative, civil, and criminal law are all used to regulate and promote the economy.
 Criminal law is used to maintain public order and national security.
 Civil law gives individual members personal rights and duties in relation to others and allows for personal
enforcement of these rights.

 To give legal validity to approved relationships and transactions between members of society: this
includes contract law and company law.

3. Main sources of law in Vietnam

a. A legal document (statutory law)

Legal documents are the most common source of Vietnamese law today, they regulate most social relations.
Documents containing legal regulations are promulgated according to the competence, form, order and
procedures prescribed in this Law. This is a form of law that is built in a generalization mode on the basis of
theoretical research, observation of practical needs, experience in making law, and anticipating social relations
occurring in life to adjust. are as comprehensive as possible (Phuong, 2021).

b. Customary Law

The customary law is one of the most classical forms of law and is considered an important source of historical
regulation of issues in social life. According to Black's Law dictionary, custom is the fact that, by common and
enduring recognition of it, unchanging custom has become as valid as law (Bryan, 1999).

c. Law precedent (case precedent)

Law precedent is a type of state recognition in which the decisions of superior administrative or judicial
authorities when dealing with specific cases are used as a basis for applying to similar cases (Phuong, 2021).

Differences between Case law and Statutory law

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III. Case law and statutory law

1. Role of goverment in making law in Vietnam

Criteria Parliament Government

Types First legislation/ Direct legislation Secondary legislation/ Delegated
legislation
Functions Create the law Implement the law, make the law
in detail
Forms Act; Code; Law Vietnam: Decree; Circular;
Decision
UK: Statutory documents

2. Example of some sub-law in VN

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Decree No. 38/2022/ND-CP, dated June 12, 2022 of the Government stipulating the minimum wage for
employees working under labor contracts (thuvienphapluat, 2022).

Decree No. 37/2022/ND-CP of the Government: Amending and supplementing a number of articles of the
Decrees providing for penalties for administrative violations in the fields of national defense and cipher; manage

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and protect national borders; on the seas, islands and continental shelf of the Socialist Republic of Vietnam
(thuvienphapluat, 2022).

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Decree No. 60/2021/ND-CP of the Government: Regulations on financial autonomy mechanism of public non-
business units; Issue date, June 21, 2021 (thuvienphapluat, 2021).

3. Differences between Common Law and Statutory Law

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Criteria Statutory law Common law

State body to issue National Assembly/ Parliament Court

Forms Act, Code, Law Precedents

Examples Circular No. 02/2018/TT-BYT dated Case precedent No. 50/2021/AL

January 22, 2018 of the Minister on the right to initiate a lawsuit to
of Health on regulations on Good reclaim the property of the person
practice of drug retail assigned the property according to
establishments a legally effective judgment or
(thuvienphapluat.vn, 2018). decision. Case precedent No.
50/2021/AL was approved by the
Council of Judges of the Supreme
People's Court on November 25,
2021 and published under
Decision No. 594/QD-CA of
December 31, 2021 of the Chief
Justice of the Court. Supreme
People's Court (thuvienphapluat,
2022).

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4. The nature of precedent

Precedence is a type of law in which the state accepts court judgments and decisions to resolve cases (in case
law journals) as a model and basis for making decisions on subsequent cases or cases with similar circumstances
or issues. Legal precedent is also the process by which the court creates law through the recognition and
application of new principles in the adjudication process. The activities of the executive and judicial branches,
not the activities of the legislature, form legal precedent (LuatMinhKhue.vn, 2022). In the past two decades,
many legal researchers in Vietnam have become interested in the theoretical and practical difficulties
surrounding court precedents as case law. The first use of the word precedent was in Resolution 48-NQ/TW of
the Political Bureau of the Communist Party of Vietnam (CPV). According to the Resolution, one way to improve
Vietnamese law is to study the possibility of utilizing and using precedents and customs (including commercial
practices and practices of international law) and rules of professional associations, thus contributing to revising
and improving the legal system. The Political Bureau's Resolution 49/NQ-TW of June 2, 2005 also stated The
Supreme People's Court has the job of summarizing trial experience, directing the uniform application of law,
and generating precedents. A precedent, in general, is a decided case or decision of a court of justice that
establishes a guideline or authority for the resolution of a subsequent same or similar issue. Since courts must
interpret general norms in statutory legislation, precedents (case law) are crucial to the day-to-day operation of
the civil law system (Nam, 2022).

IV. Conclusion

In conclusion, this report assessed and primarily focused on the differences between the legal systems of the
United Kingdom and Vietnam by understanding the sources of law, case law, and statutory law, as well as their
application for Vietnam, parliament, and government in law-making, and legal suit in the UK. Furthermore, the
report not only contains a wealth of theoretical information about the legal systems of the United Kingdom and
Vietnam, but it also contains the vast majority of concrete and practical evidence that can be used. Used to
assess, persuade, and draw attention to important issues.

V.

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VI. References

Adams, A. (2020) Business Law for Students. 11th Ed. London: Pearson.

Bryan,( A (1999), Black/s Law Dictionary. Seventh Edition. Garner. Editor in Chief. ST. Paul, Minn. tr. 390.

Ngan, N.T. (2020). Phân biệt pháp luật với các quy tắắc xử sự khác trong xã hội. PhapTri. Available at:

https://phaptri.vn/phan-biet-phap-luat-voi-quy-tac-xu-su-khac-trong-xa-hoi/. [Accessed September

25. 2022].

Tam, L.M. (2009). Giao trinh li luạn chung nha nuơc va phap luạt. Nha xuâắt ban cong an nhân dân.

thuvienphapluat (2022c). Pháp lẹnh la gi? T ông hơp các pháp l ẹnh đang co hi ẹu l ưc. [online]
thuvienphapluat.vn. Available at: https://thuvienphapluat.vn/chinh-sach-phap-luat-moi/vn/thoi-su-phap-
luat/tu-van-phap-luat/43289/phap-lenh-la-gi-tong-hop-cac-phap-lenh-dang-co-hieu-luc [Accessed 30 Jan. 2023].

thuvienphapluat (2022d). Pháp luạt la gi? Các hinh th ưc th ưc hi ẹn pháp lu ạt. [online] thuvienphapluat.vn.
Available at: https://thuvienphapluat.vn/chinh-sach-phap-luat-moi/vn/thoi-su-phap-luat/tu-van-phap-
luat/42651/phap-luat-la-gi-cac-hinh-thuc-thuc-hien-phap-luat [Accessed 6 Jan. 2023].

thuvienphapluat (2022e). Sắắc lẹnh 40 bao vẹ t ư do cá nhân. [online] thuvienphapluat.vn. Available at:
https://thuvienphapluat.vn/van-ban/Thu-tuc-To-tung/Sac-lenh-40-bao-ve-tu-do-ca-nhan-35972.aspx [Accessed
30 Jan. 2023].

thuvienphapluat.vn (2018). Thong tu 02/2018/TT-BYT quy đ inh về Th ưc hanh toắt c o s ơ bán l e thuoắc. [online]
Thuvienphapluat.vn. Available at: https://thuvienphapluat.vn/van-ban/The-thao-Y-te/Thong-tu- 02-2018-TT-BYT-
quy-dinh-ve-Thuc-hanh-tot-co-so-ban-le-thuoc-326672.aspx [Accessed 30 Jan. 2023].

LuatMinhKhue.vn (2022b). Tiền lệ pháp la gi? Cho ví d ụ về tiền l ệ pháp ở Vi ệt Nam ? [online] Cong ty Lu ật TNHH
Minh Khuê. Available at: https://luatminhkhue.vn/cho-vi-du-ve-tien-le-phap-o-viet-nam-- .aspx [Accessed 31 Jan.
2023].

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Nam (2022). Development of precedents in the context of judicial reform in Vietnam. [online]
vietnamlawmagazine.vn. Available at: https://vietnamlawmagazine.vn/development-of-precedents-in-the-
context-of-judicial-reform-in-vietnam-48968.html [Accessed 30 Jan. 2023].

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