Business law

Hồ Thuý Hằng LLM

HANOI, 2018

Lecture 1: Law in society

What is law?
Law is a system of rules
made and enforced by State.

-A Vietnamese enterprises
association’s rules
Which is law?
- Rules on company establishment

Legal Institutions
Separation of power

- Parliament makes law -> Legislative power

- Government administers the law

-> Executive power

- Courts interpret the law -> Judicial power

1
 Vietnamese Government structure
Communist Party’s leading role

National Assembly (Standing Committee)

President
Government Courts Procuracy
Ministries
People People
Council Committees

vote People

Communist Party
• A political organization leading the State and the
society.
• The Party leads the State by its political statements,
its strategy, by ideological activities and through staff
management
• Its structure is parallel to the government's structure
• Introduces people for election or appointment to
State official positions
• Affiliated organizations.

Legislative body
National Assembly:
highest legislative power ->Codes/Laws

* Standing Committee: ->Ordinances

2
 National Assembly
• The highest representative organ of the people, the
highest organ of state power.
• Constitutional and legislative power.
• Decides crucial issues.
• Exercise supreme control over all activities of the State
• Elects the President, Prime Minister, the Chief Justice
and Head of Supreme Procuracy; approves the cabinet at
the suggestion by the Prime Minister.
• N.A Representatives:
– >=21yrs , knowledge, elected by voters.
– right to question, close contact with voters, present draft of law.
• Functional Committees

Standing Committee
• Permanent organ, manage day to day affairs
of the NA between the 2 sessions of the
National Assembly.
• Issue Ordinance (decree-laws), Resolutions
• Explain the Constitution, laws.
• Members are full – time, not be members of
Government.

3
 President
• The Head of State, elected by the NA
from among its members to represent
Vietnam in internal and foreign affairs.
• To propose the NA to elect or sack key
positions in VN Government.
• To promulgate the Constitution, laws
and decree – laws.
• To issue Orders, Decisions.

Government
• The executive organ of the NA, the highest
organ of State administration, accountable and
make reports to the NA.
• Issues Decrees.
• Consists of
– Prime Minister,
– Deputy Prime Ministers,
– Ministers
– Heads of Ministry-equivalent bodies

Prime Minister (PM)

• Head of Gov, day-to-day handling of the Gov
• Nominate and dismiss his cabinet’s members, with
the approval of the NA
• The PM is introduced by the President, elected and
sacked by the NA.
• Issues decisions and supervise the execution of
these documents.

• Deputy Prime Ministers are the assistants of the PM and

may be delegated by the PM during his absence.

4
• The Ministers and Heads of Ministry-
equivalent bodies directly subordinate to
the Gov responsible for State
administration in their fields and
branches.

• Issue decisions, directives and

circulars and shall control the execution
of these instructions.

Executive Body
- Government:
Decrees
- Prime Minister:
Decisions
- Ministries:
Circulars

5
 Court system
People’s Supreme Court
Military Council of Justices
Courts

People Superior Court

Economic T. Civil T. Criminal T. Administrative T. Labour T Family T.

People’s provincial Courts

Economic Civil Criminal Administrative Labor Family

tribunal tribunal tribunal tribunal tribunal Tribunal

People’s District Courts

Court system
• Two tier trial system, including courts of first
instances and courts of appeal.
• Hold hearings publicly, independently and only
obey the law.
• Judges collectively, with the participation of
the people’s juror and decides according to
the majority.

• The People's Supreme Court: is the highest judicial organ of

the Socialist Republic of Vietnam
• Specialised courts at the Supreme Court and at the
provincial level including: Criminal Court, Civil Court,
Economic Court, Administrative Court and Labour Court.
• The court system consists of the Supreme Court, the
provincial People's Courts and the district People's Courts.
– People's District Courts: first instance court in simple
cases.
– People's Provincial Courts: appeals against decisions of
the lower level's courts + First instance courts in
complex disputes.
– People's Supreme Court: appeals against decisions of
lower level’s court + uniform application of laws in
Vietnam

6
 Procuracy
1. Supervises and controls judiciary activities
according to the constitution and laws.

- Supreme People's Procuracy

- Provincial Procuracy
- District People’s Procuracy

2. Carries out the public prosecution

role in criminal cases.

Reviews the file, listen to evidence and

argument and make a recommendation to
the tribunal panel.

7
 Business law

Hồ Thuý Hằng LLM

HANOI, 2018

Lecture 1: Law in society

What is law?
Law is a system of rules
made and enforced by State.

-A Vietnamese enterprises
association’s rules
Which is law?
- Rules on company establishment

Legal Institutions
Separation of power

- Parliament makes law -> Legislative power

- Government administers the law

-> Executive power

- Courts interpret the law -> Judicial power

1
 Vietnamese Government structure
Communist Party’s leading role

National Assembly (Standing Committee)

President
Government Courts Procuracy
Ministries
People People
Council Committees

vote People

Communist Party
• A political organization leading the State and the
society.
• The Party leads the State by its political statements,
its strategy, by ideological activities and through staff
management
• Its structure is parallel to the government's structure
• Introduces people for election or appointment to
State official positions
• Affiliated organizations.

Legislative body
National Assembly:
highest legislative power ->Codes/Laws

* Standing Committee: ->Ordinances

2
 National Assembly
• The highest representative organ of the people, the
highest organ of state power.
• Constitutional and legislative power.
• Decides crucial issues.
• Exercise supreme control over all activities of the State
• Elects the President, Prime Minister, the Chief Justice
and Head of Supreme Procuracy; approves the cabinet at
the suggestion by the Prime Minister.
• N.A Representatives:
– >=21yrs , knowledge, elected by voters.
– right to question, close contact with voters, present draft of law.
• Functional Committees

Standing Committee
• Permanent organ, manage day to day affairs
of the NA between the 2 sessions of the
National Assembly.
• Issue Ordinance (decree-laws), Resolutions
• Explain the Constitution, laws.
• Members are full – time, not be members of
Government.

3
 President
• The Head of State, elected by the NA
from among its members to represent
Vietnam in internal and foreign affairs.
• To propose the NA to elect or sack key
positions in VN Government.
• To promulgate the Constitution, laws
and decree – laws.
• To issue Orders, Decisions.

Government
• The executive organ of the NA, the highest
organ of State administration, accountable and
make reports to the NA.
• Issues Decrees.
• Consists of
– Prime Minister,
– Deputy Prime Ministers,
– Ministers
– Heads of Ministry-equivalent bodies

Prime Minister (PM)

• Head of Gov, day-to-day handling of the Gov
• Nominate and dismiss his cabinet’s members, with
the approval of the NA
• The PM is introduced by the President, elected and
sacked by the NA.
• Issues decisions and supervise the execution of
these documents.

• Deputy Prime Ministers are the assistants of the PM and

may be delegated by the PM during his absence.

4
• The Ministers and Heads of Ministry-
equivalent bodies directly subordinate to
the Gov responsible for State
administration in their fields and
branches.

• Issue decisions, directives and

circulars and shall control the execution
of these instructions.

Executive Body
- Government:
Decrees
- Prime Minister:
Decisions
- Ministries:
Circulars

5
 Court system
People’s Supreme Court
Military Council of Justices
Courts

People’s Superior Court

Economic T. Civil T. Criminal T. Administrative T. Labour T Family T.

People’s Provincial Courts

Economic Civil Criminal Administrative Labor Family

tribunal tribunal tribunal tribunal tribunal Tribunal

People’s District Courts

Court system
• Two tier trial system, including courts of first
instances and courts of appeal.
• Hold hearings publicly, independently and only
obey the law.
• Judges collectively, with the participation of
the people’s juror and decides according to
the majority.

• The People's Supreme Court: is the highest judicial organ of

the Socialist Republic of Vietnam
• Specialised courts at the Supreme Court and at the
provincial level including: Criminal Court, Civil Court,
Economic Court, Administrative Court and Labour Court.
• The court system consists of the Supreme Court, the
provincial People's Courts and the district People's Courts.
– People's District Courts: first instance court in simple
cases.
– People's Provincial Courts: appeals against decisions of
the lower level's courts + First instance courts in
complex disputes.
– People's Supreme Court: appeals against decisions of
lower level’s court + uniform application of laws in
Vietnam

6
 Procuracy
1. Supervises and controls judiciary activities
according to the constitution and laws.

- Supreme People's Procuracy

- Superior People’s Procuracy
- Provincial People’s Procuracy
- District People’s Procuracy

2. Carries out the public prosecution

role in criminal cases.

Reviews the file, listen to evidence and

argument and make a recommendation to
the tribunal panel.