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International Trade and Business Law - 3cre
International Trade and Business Law - 3cre
International Trade and Business Law - 3cre
(INTERNAL CIRCULATION)
HANOI - 2022
HANOI LAW UNIVERSITY
FACULTY OF INTERNATIONAL TRADE AND BUSINESS LAW
Law on International Trade Dispute Resolution Division
Lecturers
1. Assoc.Prof. Dr. Nguyen Ba Binh - Senior Lecturer, Dean of
International Trade and Business Law Faculty
Tel: 024.37731787
E-mail: nguyenbabinh@hotmail.com
2. M.A Nguyen Thi Anh Tho – Lecturer, Vice Dean of International
Trade and Business Law Faculty, Lecturer in charge
Tel: 024.37731787
E-mail: nguyenanhtho0102@yahoo.com
3. M.A Ngo Trong Quan - Lecturer
Tel: 024.37731787
E-mail: ngotrongquancbg@gmail.com
4. M.A Ha Thi Phuong Tra - Lecturer
Tel: 024.37731787
E-mail: gqtctmqt2013@yahoo.com.vn
5. M.A Nguyen Mai Linh - Lecturer
Tel: 024.37731787
E-mail: mailinhnguyen110@gmail.com
6. M.A Doan Thanh Huyen - Lecturer
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Tel: 024.37731787
E-mail: gqtctmqt2013@yahoo.com.vn
7. Dr. Nguyen Quynh Trang - Lecturer
Tel: 024.37731787
E-mail: gqtctmqt2013@yahoo.com.vn
8. Dr. Dao Gia Phuc - Lecturer
Tel: 024.37731787
E-mail: gqtctmqt2013@yahoo.com.vn
9. Assoc. Prof. Dr. Ho Thuy Ngoc - Lecturer
Tel: 024.37731787
E-mail: gqtctmqt2013@yahoo.com.vn
10. Dr. Ha Cong Anh Bao - Lecturer
Tel: 024.37731787
E-mail: gqtctmqt2013@yahoo.com.vn
11. Dr. Trinh Hai Yen - Lecturer
Tel: 024.37731787
E-mail: gqtctmqt2013@yahoo.com.vn
12. M.A Nguyen Thi Nhung - Lecturer
Tel: 024.37731787
E-mail: gqtctmqt2013@yahoo.com.vn
13. M.A, LLM, Lawyer Dinh Anh Tuyet - Lecturer
Tel: 024.37731787
E-mail: gqtctmqt2013@yahoo.com.vn
14. M.A, Duong Bao Trung – Lecturer
Tel: 024.37731787
E-mail: gqtctmqt2013@yahoo.com.vn
Tutors
1. M.A Nguyen Ngoc Hong Duong - Lecturer
Tel: 024.37731787
E-mail: hongduongng@gmail.com
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2. M.A Nguyen Minh Huyen – assistant
Tel: 024.37731787
E-mail: gqtctmqt2013@yahoo.com.vn
2. PRE-REQUISITE
- Commercial Law
3. COURSE DESCRIPTION
This course will provide students with basic knowledge of various aspects
and fields of international trade and business law, such as:
- Sources of International Trade and Business Law;
- WTO law, selected international law of trade in goods and services;
- International commercial law, international business transaction,
international payment and international commercial dispute resolution.
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2.3. Businesses
2.4. Individuals
3. Sources of International Trade and Business Law
3.1. Domestic Law
3.2. International Law
Topic 2: World Trade Organization (WTO) Law
1. Overview
1.1. Historical Development of the Multilateral Trade System
1.2. The Agreement Establishing the WTO
1.3. Objectives of the WTO
1.4. Functions of the WTO
1.5. Institutional Structure of the WTO
1.6. Membership and Accession
2. Some Basic Principles of the WTO
2.1. Trade without Discrimination
2.1.1. Most Favoured Nation
2.1.2. National Treatment
2.2. Freer Trade: Gradually, through Negotiation
2.3. Predictability: through Binding and Transparency
2.4. Promoting Fair Competition
2.5. Encouraging Development and Economic Reform
2.6. Others
3. Agreements on Trade in Goods
3.1. General Agreement on Trade and Tariff 1994 (GATT 1994)
3.2. Agreement on Agricultural (AoA)
3.3. Technical Barriers to Trade Agreement (TBT Agreement)
3.4. Sanitary and Phytosanitary Measures Agreement (SPS
Agreement)
3.5. Antidumping Agreement (ADA)
3.6. Subsidies and Countervailing Measures Agreement (SCM
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Agreement)
3.7. Safeguard Measures Agreement (SA)
4. General Agreement on Trade in Service (GATS)
5. Dispute Settlement Mechanism
Topic 3: International Business Law
1. Rules Governing International Sale of Goods
1.1. United Nations Convention on Contracts for the International
Sale of Goods (CISG 1980)
1.1.1. Introduction to the CISG 1980
1.1.2. The Scope of Opting in and Opting out of the CISG
1.1.3. Forms of Contract
1.1.4. Formation of Contract
1.1.5. Seller’s Obligation and Remedies for Breach of Contract
by the Sellers
1.1.6. Buyer’s Obligation and Remedies for Breach of
Contract by the Buyers
1.2. International Commercial Terms (INCOTERMS)
1.3. International Payment
1.3.1. Overview
1.3.2. Rules Governing International Payment
2. International Commercial Dispute Resolution
2.1. Litigation
2.2. Negotiation
2.3. Mediation
2.4. Arbitration
2.5. Others
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6. LEARNING OBJECTIVES
6.1. Detailed Learning Objectives
Levels
Level 1 Level 2 Level 3
Units
1. 1A1. Understand the 1B1. Analyze the 1C1. Provide
Topic history and development of personal view on
1: development of international trade and the development
Introd international trade business transaction of international
uction and business 1B2. Analyze the trade and business
to transaction definition of transaction
Interna
tional 1A2. Understand the international trade and 1C2. Assess the
Trade definition of business law trend of
and international trade 1B3. Provide examples development of
Busine and business law illustrating the scope international trade
ss Law 1A3. List some actors of application of each and business law
of international trade source of international
and business law trade and business law
1A4. List some
sources of
international trade
and business law
2. 2A1. Understand the 2B1. Analyze the 2C1. Provide
Topic historical historical personal view on
2: development of the development of the the development
World Multilateral Trade Multilateral Trade of the
Trade System System and its impact Multilateral
Organi 2A2. List some on the International Trade System
zation objectives of the Trade Law and its impact on
(WTO) WTO 2B2. Analyze the the International
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2A3. List some objectives and Trade Law
functions of the functions of the WTO
2C2. Provide the
WTO 2B3. Analyze somepersonal view on
2A4. Understand the basic principles of the
how WTO
membership and WTO functions
Accession to WTO 2B4. Analyze some2C3. Compare
2A5. Understand agreements on Trade
the similarity
some Basic in Goods and difference
Principles of the 2B5. Analyze the between Most
WTO General Agreementfavored nation
2A6. List some on Trade in Service
principle and
agreements on Trade (GATS) national
in Goods 2B6. Analyze the treatment
2A7. Understand the Dispute Settlement 2C4. Point out
General Agreement Mechanism in GATT the main
on Trade in Service differences
1947 and WTO
(GATS) between the
Dispute
2A8. Understand the
Settlement
Dispute Settlement
Mechanism in
Mechanism in WTO
GATT 1947 and
WTO
3. 3A1. List sources of 3B1. Analyze sources 3C1. Compare the
Topic law governing of law governing similarity and
3: international international difference
Interna commercial contract commercial contract between the
tional 3A2. Understand the 3B2. Point out the international
Busine scope of application important principles of custom and
ss Law and terms in international convention
INCOTERMS 2020
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3A3. Understand the commercial contract governing
scope of application, 3B3. Analyze the international
formation of contract, duties of sellers and commercial
obligations and rights buyers under each contract
of sellers and buyers term in 3C2. Assess the
in CISG 1980 INCOTERMS 2020 compatiability
3A4. Understand the 3B4. Analyze the between
scope of application obligations and rights Vietnamese law
and principles of of sellers and buyers in and international
payments, legal CISG 1980 convention
nature of letter of governing
3B5. Analyze the
credit in UCP 600 interantional
principles of
commercial
3A5. Understand the payments, legal nature
contract
disputes settlement of letter of credit in
mechanism for UCP 600 3C3. Give an
international advice to parties
commercial contract to the contract on
how to choose
disputes
settlement method
for international
commercial
contract
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6.2. Sumary of Objectives
Level Level 1 Level 2 Level 3 Sum
Units
Unit 1 4 3 2 9
Unit 2 8 6 4 18
Unit 3 5 5 3 13
Sum 17 14 9 40
8. READINGS
8.1. Compulsory materials
1. Hanoi Law University, International Trade and Business Law
Textbook, the People’ The Youth Publishing House, Hanoi, 2017 (this
Bilingual Textbook was published within framework of the Viet Nam -
MUTRAP Project III).
Websites
1. UNCTAD course’s documents at:
http://unctad.org/en/Pages/DITC/DisputeSettlement/Courses.aspx
8.2. References
* Books
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1. Raj Bhala, International Trade Law - Interdisciplinary Theory and
Practice, LexisNexis Publisher, third version, 2007 (Loose-leaf
version).
2. Peter Van den Bossche, The Law and Policy of the World Trade
Organization: Text, Cases and Materials, Cambridge University Press;
third edition (September 23, 2013).
3. WTO Secretariat, Understanding the World Trade Organization,
2003 (WTO - www.wto.org).
4. John H. Jackson, The World Trading System, Law and Policy of
International Economic Relations, 2nd edn, 2002.
* Legislations
Vietnamese legislation
1. 1. Vietnamese Civil Code 2015 passed on November 24th 2015.
2. Vietnamese Civil Procedure Code 2015 passed on November 25th
2015.
3. Vietnamese Law on Public Investment passed on June 13th 2019.
4. Vietnamese Investment Law passed on June 17 th 2020.
5. Vietnamese Law on Enterprises passed on June 17 th 2020.
6. Vietnamese Commercial Law passed on June 14th 2005.
7. Vietnamese Law on Commercial Arbitration passed on June 17th
2010.
8. Law on Foreign Trade Management passed on June 12 th 2017.
9. Decree 69/2018/ND-CP on guidelines for the Law on Foreign
Trade Management passed on May 15th 2018.
10. The Prime Minister’s Decision No. 40/QĐ-TTg on January 7th
2016 on “Overall Strategy for International
Integration through 2020, Vision to 2030”.
International Law
1. Report of the Working Party on the Accession of Viet Nam and
Viet Nam’s WTO Commitments.
2. Convention on the Recognition and Enforcement of Foreign
Arbitral Awards of Foreign Arbitral Awards (New York, 1958) (the
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"New York Convention").
3. Convention on the Law Applicable to Contractual Obligations
(Rome 1980).
4. United Nations Convention on Contracts for the International Sale
of Goods (Vienna, 1980) (CISG).
5. Marrakesh Agreement Establishing the WTO1994 and its annexes.
6. INCOTERMS 2020.
7. UCP 600; ISBP 745
* Websites
1. http://www.wto.org
2. http://www.uncitral.org
3. http://unctad.org
4. http://www.unidroit.org
5. http://www.wipo.int
6. http://www.worldtradelaw.net
7. http://www.mutrap.org.vn
8. http://www.doingbusiness.org
9. http://chongbanphagia.vn
10. http://www.chinhphu.vn
11. http://www.mof.gov.vn
12. http://www.mofa.gov.vn
13. http://www.moit.gov.vn
Week 2: Topic 2
Teaching
Credit Requirements for students’
Learning Main contents
hours preparation
form
Lecture 2 credit Introduction to main - Textbook International
Trade and Business Law,
hours principles of WTO:
Hanoi Law University, The
Trade without
Youth Publishing House,
16
Discrimination: Hanoi, 2017
- Most Favoured - Website:
Nation; http://www.wto.org
- National Treatment.
- Freer Trade:
Gradually, through
Negotiation;
- Predictability:
through Binding and
Transparency;
- Promoting Fair
Competition;
- Encouraging
Development and
Economic Reform;
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- Time : from 8h -10h Tuesday each week.
- Venue : Room A1401 Law on International Trade Dispute
Resolution Division
Week 3: Topic 2
Teaching
Credit Requirements for students’
Learning Main contents
hours preparation
form
Seminar 1 credit - Discuss about the - Reading:
hour main principles of
WTO in comparision - As same as lecture
to those of other FTAs
such as CPTPP and - Questions given by lecturer
EVFTA
- Case study
Week 4: Topic 2
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Teaching
Credit Requirements for students’
Learning Main contents
hours preparation
form
- General Agreement - Textbook International
Lecture 2 credit
on Trade and Tariff Trade and Business Law,
hours
1994 (GATT 1994): Hanoi Law University, The
+ Tariff; Youth Publishing House,
+ Quantitive Hanoi, 2017
measures. - Website:
- Agreement on http://www.wto.org
Agricultural (AoA);
- Technical Barriers to
Trade Agreement
(TBT Agreement);
- Sanitary and
Phytosanitary
Measures Agreement
(SPS Agreement).
Discuss about:
Seminar 1 credit
- General Agreement - Reading:
hour
on Trade and Tariff
- As same as lecture
1994 (GATT 1994):
+ Tariff; - Questions given by lecturer
+ Quantitive
measures.
- Agreement on
Agricultural (AoA);
- Technical Barriers to
Trade Agreement
(TBT Agreement);
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- Sanitary and
Phytosanitary
Measures Agreement
(SPS Agreement).
Week 5: Topic 2
Teaching
Credit Requirements for students’
Learning Main contents
hours preparation
form
- Antidumping - Textbook International
Lecture 2 credit
Agreement (ADA) Trade and Business Law,
hours
- Subsidies and Hanoi Law University, The
Countervailing Youth Publishing House,
Measures Agreement Hanoi, 2017
(SCM Agreement); - Website:
- Safeguard Measures http://www.wto.org
Agreement (SA).
20
hour law on antidumping in
comparision to that of
Vietnamese law - As same as lecture
- Case study: DS404.
- Questions given by lecturer
Week 6: Topic 2
Teaching
Credit Requirements for students’
Learning Main contents
hours preparation
form
Seminar 1 giờ TC Discuss about: - Reading:
- Subsidies and
Countervailing - As same as lecture
Measures Agreement
(SCM Agreement); - Questions given by lecturer
- Safeguard Measures
Agreement (SA).
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Team 1 credit - Discuss topics in self – studying hours before.
work hour
- Preparing for the next Seminar.
Self- 1 credit - Provide personal view on the topics.
study hour
- Content : to give professional advices on the methods of
studying ; tutoring on searching and reading references;
consulting the legal issues.
Consulta
tion - Time : from 8h -10h Tuesday each week.
- Venue : Room A1401 Law on International Trade Dispute
Resolution Division
Week 7: Topic 2
Teaching
Credit Requirements for students’
Learning Main contents
hours preparation
form
2 credit - General Agreement - Textbook International
Lecture
on Trade in Service Trade and Business Law,
hours
(GATS); Hanoi Law University, The
- Commitments on Youth Publishing House,
Trade in Service in Hanoi, 2017
WTO. - Website:
- Dispute Settlement http://www.wto.org
Mechanism
Week 8: Topic 2
Teaching
Credit Requirements for students’
Learning Main contents
hours preparation
form
Seminar 1 credit - Discuss about DSU - Reading:
hour - Case study
- As same as lecture
Week 9: Topic 3
Teaching
Credit Requirements for students’
Learning Main contents
hours preparation
form
- Textbook International
Lecture 2 credit United Nations
Trade and Business Law,
hours Convention on
Hanoi Law University, The
Contracts for
Youth Publishing House,
International Sale of
Hanoi, 2017
Goods 1980 (CISG):
- CISG 1980
- Overview of CISG;
- Application and
Opting out of CISG;
- Form of contract;
- Formation of
contract;
- Rights and
Obligations of sellers
and buyers;
- Passing risks;
- Force Majure.
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Seminar 1 credit Case study on CISG - Reading:
hour 1980 relating to
application and opting - As same as lecture
out of CISG
- Questions given by lecturer
* Submit group’s
assginment, semester
assignment
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Resolution Division
11. ASSESSMENT
11.1. Regular assessment
- Participation: Students are required to attend at least 75% of the total
sessions on seminars
- Teamwork paper and oral presentation
- Final exam
11.2. Periodic assessment
Type of assignment Rate
Participation 10%
01 teamwork paper and oral presentation 30%
Final exam 60%
11.3. Requirements
Participation
- Attendance
- Raise ideas in the class
- Attitude
Requirements for Assignments
Assignments are presented on A4 paper size; font size: 14; font: Times
New Roman; Margins of top, bottom, left and right should be 2.5cm,
2.5cm, 3.5cm, 2cm; Line up 1.5lines (or handwriting required).
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Teamwork paper
- Form: 3-5 page Essay (Appendix included, if any, every two extra pages
will be subtracted 1 point).
- Content: Questions relating to the knowledge of whole course.
Final exam
- Requirement: Students are required to attend at least 75% of the total
sessions on seminars and lectures and must not get any 0 mark
- Form: Multiple choice test
- Content: 3 topics in this course outline.
Requirements: Reaching LEARNING OBJECTIVES in this course
outline
- Evaluation criteria:
According to the detailed keys of the exam paper provided by the
Department.
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TABLE OF CONTENTS
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