ASSIGNMENT 1 FRONT SHEET

Qualification BTEC Level 4 HND Diploma in Business

Unit number and title Unit 7: Business Law

Submission date 2023/07/28 Date Received 1st submission

Re-submission Date Date Received 2nd submission

Student Name Doan Thanh Chuc Student ID GBH211394

Class GBH1114 Assessor name Hoang Trung Hieu

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making a false declaration is a form of malpractice.

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Table of contents
1. Introduction...................................................................................................................................................... 4

2. The definition of Law........................................................................................................................................ 4

2.1. The definition of Law................................................................................................................................. 4

2.2. Examples to distinguish the law with other regulations in society............................................................4

3. The purposed of Law........................................................................................................................................ 5

4. The purposed of Vietnam’s Law on Investment 2020.......................................................................................7

5. The main difference between Case Law and Statutory Law.............................................................................7

5.1. The main difference between Case Law and Statutory Law......................................................................7

5.2. Examples in the UK to demonstrate the differences.................................................................................9

6. The role of the UK Parliament...........................................................................................................................9

7. The role of Vietnamese Government in law making.......................................................................................10

8. How the court applied statutory law and common law in justice court.........................................................11

9. Evaluate the effectiveness of the legal system in terms of recent reform and developments of Vietnamese
Labor Code 2019.................................................................................................................................................... 13

10. The legal suit in the UK................................................................................................................................17

10.1. Background of the case........................................................................................................................17

10.2. Legal issue............................................................................................................................................ 17

10.3. Decision of the court............................................................................................................................17

10.4. The law which used to resolve the case...............................................................................................18

11. Conclusion................................................................................................................................................... 18

12. References.................................................................................................................................................. 18
 1. Introduction
In the current context of strong global integration, not only many fields such as economy, politics, culture and
society have been profoundly affected, but the law has also changed markedly. I am working as legal expert at
the international investment fund, Dragon Capital Fund. This year, my company’s business plan is to invest in
the UK and a new market, Vietnam as well. Therefore, besides being interested in the economic and political
situation, it is my responsibility to learn more about the Legal System of these two countries.

This essay will present the concept of legal system in Vietnam and UK to explain the importance of law in
different contexts. This study will provide a thorough understanding of the origins of law, the functions of
Government and Parliament in passing laws, and how courts in both countries use the law to resolve such
disputes any. In addition to summarizing some basic ideas and facts about the law, this report will also analyze a
specific case that went to trial in the United Kingdom in support of the document presented.

2. The definition of Law

2.1. The definition of Law

Law is an internal structural unit of the legal system that includes legal norms that govern a specific type of
social relationship of the same nature and content in a specific field of social life. Law is the official document
promulgated by State agencies and has important legal authority, second only to the Constitution. The law
prescribes general rules of conduct of a legal and ethical nature, which are applied nationwide to all subjects in
society. The content of the law expresses the will and nature of the ruling class. Violations of these laws may
result in appropriate penalties being imposed by the state. The definition of law may vary in different legal
systems around the world, but the common goal is to ensure fairness, stability, and protection of individual and
social rights (Luat Minh Khue, 2021).

2.2. Examples to distinguish the law with other regulations in society.

The law is the highest authority of a country, assuming the role of moral principles, leading to a better society.
For example, since ancient times, the concept of "where parents place their children" has been orally spread
and developed into a habit, until later, when the country became aware of the risks posed by this precedent,
the National Assembly has promulgated the Marriage and Family Law, strengthening Vietnam's marriage and
family system. Laws are promulgated through specific legal procedures, including proposals, discussions,
debates, and voting... According to Point b, Article 8, Paragraph 1, of the Marriage and Family Law of 2014,
"Marriage is decided by men and women voluntarily". This law is promulgated by the State and the National
Assembly, and applies to all Vietnamese citizens throughout Vietnam, regardless of gender, religion,
occupation, or nationality. Citizens have the right and responsibility to abide by marriage and family laws, and
to take legal measures to protect their rights and interests when deciding on marriage. When true love comes
from both men and women, everyone is guaranteed the freedom of marriage and divorce. From the Marxist
point of view, this is one of the most basic and progressive principles. On this basis, men and women are equal
in exercising their rights of marriage and divorce according to law (Thu Vien Phap Luat, 2014).

Apart from laws, other regulations naturally appear in communities and are even compiled by groups that do
not belong to any state. It also plays an important role in maintaining order and creating a stable environment
for society or organizations. These rules can be simply understood as rules of a company, organization, school,
or region, and their scope of application is usually very small, mainly for individuals within the organization. For
example, in Hanoi, Chu Van An high school stipulates that all students must wear uniforms with the school
logo, name and number specified when they go to school. This rule is issued by the school Board of directors,
but of course, it does not apply to non-students at school. Teachers and school staff have a responsibility to
ensure that students comply with uniform regulations and take disciplinary measures such as warnings or
behavior control when necessary (TH - THCS - THPT CHU VAN AN, 2019).

In general, laws and other regulations have brought stability and fairness to social life. They shape the behavior
and interests of individuals and organizations, provide dispute resolution mechanisms, and take management
measures when necessary. By using laws and other regulations, we have laid a solid foundation for promoting
peaceful development and life in society.

3. The purposed of Law

Law is a system of rules and principles aimed at regulating social behavior and management, thereby clarifying
the rights and responsibilities of each individual and organization. On the one hand, the law recognizes and
describes the main social relationships in society, such as marital relationships, labor relationships, and
commercial relationships. On the other hand, the law ensures the development of social relations by providing
rules, regulations, and standards to protect and promote social relations.

The first purpose of law is to establish a structure for governance and legislative proceedings . In Vietnam,
following the establishment of the new state, the Constitution has become the primary officially issued
document. It is a distinct declaration officially proclaimed by the National Assembly, the highest authority of
state power, as the fundamental law of the country with the utmost legal authority. The Constitution
encompasses not only a consolidation of the revolutionary achievements but also sets the direction and tasks
for the Vietnamese revolution in the upcoming stage. It also aids in delineating the limitations and utilization of
power by state entities and establishing mechanisms to supervise, control, and address the misuse of power by
these institutions. (Nhung, 2022).

Secondly, the purpose of the law is to provide public services to the people such as education, health care,
social security, transportation, and social support. Administrative law is enacted with the task of defining
principles, standards, and procedures to ensure that the delivery of these public services is carried out in a
reliable, transparent, and responsive manner. In addition, the administrative law also regulates the collection of
taxes - one of the important financial means to support the performance of public services and ensure the
sustainability of this system. This helps maintain and deliver these public services in a transparent and efficient
manner in the management and use of public finances (Diem, 2011).

Thirdly, law provides a common legal framework to create a stable and predictable regulatory environment for
economic activity, creating favorable conditions for businesses and investors. It also ensures the protection of
the rights and interests of the parties involved in economic transactions, provides a mechanism for legal dispute
resolution, helps to reduce risks and avoids protracted disputes, thereby creating favorable conditions for
economic activities. Support the Government in the formulation and implementation of economic policy,
ensuring the implementation of policies in an equitable and effective manner. Civil, criminal and administrative
law are all involved in the general purpose of managing and implementing economic policy and promoting
investment and sustainable economic development. (Diem, 2008).

Fourth, law help promote public order and maintain national security. In Vietnam's legal system, Criminal law
plays a crucial role in providing regulations and penalties to prevent and deal with illegal activities related to
safety and order. These provisions help protect national interests and sovereignty and prevent and respond to
activities that threaten national stability and security. Criminal law identifies and manages crimes that disrupt
urban order, attack public officials, disrupt public order, or violate national security. From identifying illegal acts
to imposing penalties, criminal law plays an important role in maintaining public order and national security,
creating a safe, stable, and developing social environment (Tran, 2022).

Fifth, law plays an important role in determining the rights and obligations of individuals in mutual relations
and social relations. This includes property rights, personal freedom rights, contract rights, family rights, wills
rights, the protection rights of children and the elderly, and many other rights. These rights help to protect the
interests of society and respect individual equality and freedom. Therefore, the establishment of Civil law is to
clarify individual legal obligations and ensure that they are responsible for the actions of others and society. The
exercise of individual rights and obligations stipulated by law is guaranteed through the legal system and
dispute settlement mechanism. Individuals have the right to lodge complaints and demands for infringement of
rights and interests through the court system and dispute settlement institutions. This will help create a just,
stable and peaceful social environment. (Nhung, 2023).

Finally, with the development of society, the relationships and transactions between individuals and
organizations have become complex and diverse. The law plays an important role in establishing and
defending the laws, regulations, and principles that shape and manage this relationship. This helps to ensure
the fairness and accuracy of transactions and avoid unnecessary disputes. Relevant parties can use contract law
to ensure the legality and enforceability of agreements and contracts between both parties. When an
agreement or contract is signed and approved in accordance with the law, it has legal value, and the parties
have the right to demand enforcement or compensation for infringement. This helps to ensure the authenticity
and reliability of agreements and contracts and helps to fulfill commitments (Dung, 2023).

4. The purposed of Vietnam’s Law on Investment 2020

Investment Laws are legal norms governing social relations arising in the process of effective organization and
implementation of business investment. The Law on Investment 2020 to improve the efficiency of the
investment environment, create favorable conditions for businesses and investors, and promote the sustainable
development of the Vietnamese economy. In addition, protecting the legitimate rights and interests of
investors is an important focus of the Investment Law 2020. Overall, the main objective of Vietnam's
Investment Law 2020 is to build an investment-friendly environment that provides investment protection and
encouragement, and at the same time promotes sustainable and balanced economic development for the
whole country. This Law aims to create favorable conditions for both domestic and foreign enterprises to
contribute to promoting economic growth and improving people's quality of life (Tuyen truyen pho bien Phap
luat, 2020)
 5. The main difference between Case Law and Statutory Law
5.1. The main difference between Case Law and Statutory Law

 Case Law

Case Law, also known as Judicial precedent or Common law, is a law created by judges through their decisions
and rulings in legal cases. Case law is based on the interpretation of statutes, as well as on legal precedents
and principles established through prior court decisions. Judges rely on case law to interpret statutes and make
decisions in cases not explicitly provided for by statutes. Case precedent is expressed in the form of decisions or
judgments of court. By relying on case law, legal systems can achieve consistency and predictability in their
application of the law, as decisions in similar cases tend to be aligned with each other over time. (Taylor, 2015).

 Statutory law

Statutory law, also known as legislation or statutory provisions, is a written law produced by Parliament which
the country’s written constitution. Statutory law is a primary source of law and is one of the fundamental
components of the legal system in many countries. Unlike Case law, which is derived from court decisions,
Statutory law is the result of the legislative process. It begins with the proposal and drafting of a bill by
lawmakers or government agencies. Once enacted, Statutory law becomes binding on the citizens, businesses,
and institutions within the jurisdiction covered by that legislation. To put it another way, statutory law refers to
laws that are codified in writing and are sanctioned by the government in an official capacity (LawTeacher,
2021).

 The difference between Case Law and Statutory Law

Case Law Statutory Law

Source and Law Formed through court rulings in specific Created by the legislative body through
enforcement agencies cases laws or formal legal documents.
State Body to issue Court Parliament, Government, or other bodies
Popular form Decisions/Judgement of court Acts and Statutory documents
Operational level Procedural Substantive
Type Binding Precedent Direct Legislation, Delegated Legislation
Decision Based on a particular case Based on the rules of law
Flexibility Flexible and able to adapt to changing Less flexible and very complicated change
 social and cultural situations process
The difference between Case Law and Statutory Law (Surbhi, 2017).

Overall, the differences between case law and status law create diversity and flexibility in a country's legal
system. Case law helps to fill gaps or address less obvious legal situations, while status law provides stability and
clarity in legal application. These two types of laws play an important role in resolving legal cases and situations,
ensuring the certainty and fairness of legal application.

5.2. Examples in the UK to demonstrate the differences.

 Statutory Law

The UK Human Rights Act was enacted in 1988. This law incorporated the European Convention on Human
Rights (ECHR) into UK domestic law, ensuring that individuals in the UK were protect their fundamental rights
and freedoms. An example of a case where the 1998 Human Rights Act was used to decide is Campbell v Mirror
Group Newspapers [2004] UKHL 22. The plaintiff, Naomi Campbell, a famous model, made a claim about
privacy violation for a newspaper for publishing pictures of her attending a Narcotics Anonymous meeting. In
this case, the House of Lords looked at privacy under Article 8 of the ECHR, which was incorporated into UK law
under the Human Rights Act 1998, to reach its verdict. (LawTeacher, 2021).

 Case Law

The Dann v Hamilton case [1939] 1 KB 509 is a major illustration of UK case law. The plaintiff is a passenger in a
car driven by the defendant - a drunk driver. As a result of that trip, there was an accident, the defendant died,
the plaintiff was injured, and the individual driver claimed compensation for damage due to negligence. To
make the decision of this case, the judge applied an earlier case Smith v Baker &; Sons [1891] AC 325, except in
extreme cases, the inappropriate voluntary injury protection does not apply to negligent conduct to prevent
redress of a person who has knowingly or voluntarily accepted the risk arising from a driver driving under the
influence of alcohol. However, for the current case it is not one of the extreme cases, so the plaintiff has the
right to claim compensation and to rule in favor of the plaintiff (LawTeacher, 2021).

6. The role of the UK Parliament

The UK Parliament, also known as the British Parliament, is the supreme legislative body of the United
Kingdom. It is responsible for making and passing laws, scrutinizing the government, representing the
interests of the people, and shaping the country's policies and priorities. The UK Parliament is one of the
oldest and most influential parliamentary systems in the world.

House of Commons, House of Lords and the Monarch are the components that make up Parliament. The UK
Parliament is responsible for making laws, approving the government's tax and budget proposals, debating
important issues, and holding the government accountable through various measures. The purpose of
Parliament is to reflect the interests of the people and to ensure that the Government takes those interests into
consideration. Without the approval of Parliament, the government will be unable to pass any new legislation
or increase any existing taxes (bennettinstitute, 2021).

In the UK, the process of formulating laws is a careful and systematic process that ensures the participation of
government agencies, parliament, and stakeholders. Firstly, Bills proposed by individual members of the
Government or Parliament, or through reflection by the public and social organizations. Then, the Bill was
submitted to both houses of Congress for discussion, first reading, and policy consultation. If the Bill is passed in
both houses of Congress, both houses will reach an agreement on the final version of the bill. Ultimately, the bill
will be submitted to the king for signature and decision becoming Law (UK Parliament, 2016).

In conclusion, the Parliament of the United Kingdom plays a key role in legislation, government management
and budget control. It is one of the most important political institutions in the UK and has a significant impact on
the country and society.

7. The role of Vietnamese Government in law making

Article 94 of the 2013 Constitution stipulates that "the government is the highest state administrative body of
the Socialist Republic of Vietnam, exercising administrative power and being the executive body of the
National Assembly." (Cong thong tin dien tu Chinh phu, 2013). The Government is the executive body of the
National Assembly, but in the promulgation of legal documents, The government has a relatively independent
role and is a factor in promoting the development and improvement of the legal document system, which is the
main activity aspect of the National Assembly. This is not only reflected in the large number of legal drafts
directly drafted by the government and submitted to Congress for approval, but also in the direction of national
policy formulated by the government through legislative initiatives in Congress or matters directly decided and
implemented by the government (Nghien cuu Lap phap, 2014).
The main role of the Government is to propose, discuss, and draft laws, resolutions, decisions, and other legal
documents. The government must ensure that laws comply with social requirements and promote sustainable
development of the country. As a direct executing and comprehensive management agency in various fields of
social life, the government directly discovers the actual problems that need to be adjusted and the most
suitable solutions, guiding and leading administrative agencies from the central to local levels, compared to
other national institutional systems, this institution is the most complex institution, official, and civil servant
with sufficient authority to manage and prevent any opposition. In the process of performing its functions, the
government needs to solve many existing problems and legal obstacles in order to manage the country more
effectively. Therefore, it is very important to issue Release management documents, including decrees (Nghien
cuu Lap phap, 2014).

One of the significant ways it fulfills this role is through the issuance of secondary legislation or sub-
lawmaking. Secondary legislation - Decree refers to the legal instruments and regulations issued by the
Government to provide detailed guidelines and implementation procedures for the laws enacted by the
National Assembly, which is the highest legislative body in the country. The functions of Decree in Vietnam are
vital for effective law implementation and governance. Decree helps to elaborate on the broad principles and
provisions of the primary laws, providing clarity and specificity on how these laws should be applied in practical
situations. As the legislative process can be time-consuming, Decree allows the Government to respond quickly
to new challenges and developments, ensuring that the legal framework remains relevant and up to date.
Moreover, Decree provides a mechanism for public participation and stakeholder engagement. In some cases,
the Government may seek public opinions and consultations during the drafting process, promoting
transparency and inclusivity in the lawmaking process (Nghien cuu Lap phap, 2014).

Overall, from these diverse and complex roles, the government has made a decisive contribution to the
formulation and implementation of national laws and policies, in order to build and maintain a fair, equal, and
sustainable society.

8. How the court applied statutory law and common law in justice court
8.1. How the court applied statutory law and common law in justice court.

 Statutory law
Statutory law — also known as statutes — is created and passed by the legislative branch of the government.
The court applies statutory law through a process known as statutory interpretation. When a legal case comes
before a court, the judges must determine how the relevant statutes, or laws enacted by legislatures, apply to
the situation at hand. To find the true meanings of statutes, judges use various tools of statutory
interpretation, including traditional canons of construction, legislative history, and purpose. The goal is to
ascertain the legislative intent behind the statute and to decide how it should be applied to resolve the dispute
before the court (Cornell Law School , 2022).

 Common law

Common law, also known as case law or judicial precedent, plays a crucial role in legal systems that follow the
doctrine of stare decisis, which means "to stand by things decided." When a new case has elements that are
the same or similar to a previously resolved case, the court will review the case law and attempt to apply the
principles and standards established from the decisions earlier to support the decision-making process.
Sometimes, the facts or legal issues in the current case might be distinguishable from the facts in a previous
precedent. In such instances, the court may find that the precedent does not directly apply. The court may
distinguish the current case from the precedent by highlighting relevant differences. Through this process,
courts ensure consistency, predictability, and fairness in the application of the case law (Cornell Law School,
2014).

8.2. Example of one precedent in the UK court.

Donoghue v Stevenson [1932] – The Snail- Flavoured Ginger Beer

This case happened on August 26, 1928, Mrs. Donoghue was bought by a friend for a Scotsman ice cream float,
a mix of ice cream and ginger beer at the Wellmeadow Café in Paisley. The bottle was made of opaque brown,
and after Donoghue drank all the cream floating on top, her friend poured the rest of the beer into the cup.
However, soon they were both very alarmed when a snail in a state of decay fell from a bottle of ginger beer
into a cup. Donoghue then had a stomachache, the doctor diagnosed that she had gastritis and was in quite a
state of shock. She then decided to sue David Stevenson, a carbonated drink manufacturer in Paisley, forcing
him to pay damages for the damages she suffered after drinking the bottle (LawTeacher, 2021).

The law of negligence at the time was very narrow and was invoked only if there was some established
contractual relationship. The most difficult precedent for Donoghue was Mullen v AG Barr &Co Ltd (1929), a
Court of Session case. In Mullen, two children, John and Francis Mullen, and only Jeanie Oribine found dead
rats in their bottle of ginger beer, produced by AG Barr &; Co Ltd, and claimed to have fallen ill from drinking the
tainted liquid. In separate hearings in Glasgow and Greenock Sheriff's Court, Orbine was successful in making a
claim while Mullens was not. Donoghue's attorney, Walter Leechman, tried to hold the producer responsible in
the same case, but the lawsuit for damages was dismissed by the "Inner House of the Court of Session," where
the appellate court judges dismissed the charge. One of the judges said that "the only difference between
Donoghue and Mullen's cases is that between rodents and gastropods (mollusks) and in Scottish law it makes no
difference". Mrs. Donoghue cannot claim for breach of contract warranty as she is not a party to any contract.
She therefore issued legal proceedings against Stevenson - the producer, and the case eventually reached the
House of Lords (LawTeacher, 2021).

The issues for House of Lord are whether the producer owes Mrs. Donoghue the duty of care in the absence of
a contractual relationship but is affected by their product. If the manufacturer knew that the defect could cause
serious injury to the consumer. Consumers should have been warned that the product posed an inherent risk
to their health, but no such warning was provided. The House of Lords decision focuses on these key questions
and stems from the judgment of Lord Atkin, who formulated the famous "neighborhood principle" as the basis
for determining the existence of a duty of care. This principle based on case law Hedley Byrne & Co Ltd v Heller
& Partners Ltd (1964) which concerned economic loss. However, the locus classicus of the ‘neighbour test’ is
found in another economic loss case called Caparo Industries v Dickman [1990]. In the context of this case, Lord
Atkin examined whether there was a duty of care between the producer, Stevenson, and the consumer, May
Donoghue. He concluded that May Donoghue, as an end consumer of Stevenson's ginger beer, was the one who
could be affected by the product. Therefore, May Donoghue is within Stevenson's "neighborhood”, and it is
Stevenson's responsibility to take care of her to ensure that the product is safe to consume. The Donoghue v.
Stevenson decision established the principles of due diligence and negligence as fundamental components of
product liability and consumer protection laws. It has become a landmark case in common law jurisdictions,
shaping how malpractice claims are assessed and influencing legal standards for producer liability to consumers
(LawTeacher, 2021).
 9. Evaluate the effectiveness of the legal system in terms of recent reform and
developments of Vietnamese Labor Code 2019.
9.1. Evaluation of new points of the Labor Law in 2019 compared to 2012.

Labor law is a set of regulations, rules, and legal principles aimed at regulating the labor relations between
workers (workers, officials) and employers (enterprises, national institutions). The main purpose of Labor law
is to protect and safeguard the rights of workers, while creating a fair and harmonious environment in labor
relations. Labor law is an important component of Vietnam's legal system, focusing on maintaining a balance
and correlation between the rights and obligations of workers and employers. The constantly changing
economic, social, technological, and political factors have put forward new requirements for labor and labor
management. Therefore, changes and adjustments in labor laws need to occur frequently to respond to changes
in the business and social environment (Duong, 2021).

The last two revisions to the Labor Law were in 2012 and 2019. The 2019 Labor Law had a total of 17 chapters
and 220 articles, a decrease of 22 articles compared to the 2012 Labor Law. Some new viewpoints can be easily
seen as follows:

 The retirement age is raised to 62 for men and 60 for women.

In 2012, Labor law stipulates that the retirement age for men is 60 and that for women is 55, it means that
workers can retire early to promote the implementation of human resources planning and increase the
employment opportunities for young people. However, in recent years, the average life expectancy of
Vietnamese is much higher than that of previous years, and there is a long gap between the average life
expectancy and the retirement age. Many retirees are still working and need extra work, and they are still
working healthily. Therefore, in 2019, the new law adjusted the retirement age for men to 62 and for women
to 60 (Duong, 2021).

The change of retirement age in the labor law in 2012 and 2019 had a great impact on workers' lives and
occupations. Raising the retirement age makes workers have to work longer before retirement, which marks
the change of social insurance policy in Vietnam. However, it also helps to ensure the sustainability and stability
of the social security system and meet the challenge of an aging population.

 Type of Labor Contract

From the effective date of the 2019 Labor Law, there will be no seasonal or specific types of work contracts for
less than 12 months. Therefore, the Labor Law only stipulates two types of labor contracts: labor contracts
with uncertain terms and labor contracts with a term not exceeding 36 months (Duong, 2021).

This provides greater stability and long-term sustainability for workers and businesses, enabling them to plan
their work and guide long-term development. Long term employee participation in the enterprise will help the
enterprise avoid human resource risks and improve work efficiency when there are not too many changes in the
work process. At the same time, this change also helps to enhance the transparency and responsibility of the
company in ensuring employee rights and conditions.

 Form of Labor Contract

In the 2012 Labor Law, labor contracts are required to be signed in writing to ensure the accuracy and clarity of
the contract content and terms. Although this ensures transparency and reduces misunderstandings in labor
transactions, it also brings some inconvenience to program execution and brings document pressure to all
parties. Therefore, in order to shorten procedures and time, the new regulations allow for verbal signing of
contracts within less than a month, or electronic signing of contracts through data messages (Duong, 2021).

Allowing the signing of verbal and electronic contracts reduces paperwork, saves time, and provides
convenience during the process. However, it is worth noting that in the case of important and long-term labor
contracts, establishing texts is still the best way to ensure the accuracy and clarity of contract contents and
terms. In short, the changes in the form of labor contracts in the 2019 Labor Law reflect the reform and
application spirit of information technology in the field of labor law.

 The employee's right to unilaterally end the employment contract.

According to the 2012 Labor Law, workers have the right to unilaterally terminate their labor contracts and are
obligated to notify the employer in advance only in certain statutory circumstances. In order to overcome the
limitations and shortcomings of workers unilaterally terminating contracts, Article 35 of the 2019 Labor Law
allows workers to unilaterally terminate contracts without reason, but contracts with a specified term are 30
days in advance, and contracts with uncertain terms are 45 days in advance (Duong, 2021).

The elimination of the requirement to give reasons for unilateral termination of the labor contract helps to
increase flexibility and convenience for employees. Employees do not need to clearly explain the reasons for
terminating the contract, which helps them freely decide and adapt to the constantly changing living and
working environment. As there is no need to provide reasons and there are regulations in advance, legal issues
and disputes can be reduced, saving time and costs for both parties. In addition, although the requirement for
unilateral termination of labor contracts has been lifted, the Labor Law clearly stipulates the notice before
termination, which helps to ensure fairness and respect for rights for workers and enterprises. In short, workers
have the right to unilaterally terminate contracts, but they also need to comply with regulations to avoid
violating the law.

 The employer's right to unilaterally terminate the employment contract.

The labor law is formulated to ensure the fairness and rights of both workers and employers. Therefore, in
addition to workers being able to unilaterally terminate the contract, employers also have the right to do so.
The Labor Law of 2012 stipulates that the employer has the right to unilaterally terminate the labor contract
only under certain circumstances stipulated by law, but the employee must be notified in advance. However,
by 2019, the law has added three situations in which employers do not need to notify employees:

- The employee has reached retirement age.

- The employee voluntarily quits his job without a valid reason for 5 consecutive working days or more.
- The employee provides dishonest information when entering the labor contract, affecting the
recruitment of employees (Duong, 2021).

The addition of the right to terminate the contract without prior notice has helped to effectively manage
human resources and ensure the stability of the enterprise, as well as helps employers terminate contracts in
emergency situations, avoid the difficulty of employees voluntarily taking long leave without knowing how to
handle it. However, increasing the right to terminate contracts without prior notice may also raise some
disputes and concerns about protecting employee rights. This requires reasonable consideration and
limitations to ensure the interests of both parties and maintain a balance of interests in labor relations.

9.2. Proof of the improvement of Vietnam's Labor Law.

In the context of a constantly changing business environment and an increasingly integrated world, it is
necessary to improve and update the Labor Law to create favorable conditions for businesses to operate
effectively, with more flexible human resources and the ability to quickly adapt to new requirements. Therefore,
the Labor Code promulgated in 2019 (effective from January 1, 2021) represents a bigger step forward in
perfecting the market economy institution. In particular, the Labor Law 2019 has made a positive contribution
to reducing individual labor disputes in Vietnam. Over time, more and more disputes have arisen, but this does
not reflect how often real disagreements occur. Specifically, according to the Summary of Work in 2021 of the
Supreme People's Court, individual disputes, after being accepted by the court, have been successfully
conciliated with a high rate of 79% (Tran, 2022). With such a high rate of mediation, it has reconciled the
interests of the parties, and at the same time, the self-determination of the parties is also guaranteed, avoiding
the need to proceed with further settlement procedures in court, which consumes a lot of time and money of
employees and employers. This is thanks to the provisions of the Labor Code 2019 which have been updated
and supplemented to better align with worldwide labor standards, especially the restrictions on labor disputes
in a full and orderly manner. In conclusion, with the above-mentioned breakthrough changes, the Labor Code of
2019 has made great strides, fundamentally solving the problems and inadequacies of practice, ensuring the
harmony of interests between employees and employers, meeting the requirements of the economy - society,
as well as the process of international economic integration.

10. The legal suit in the UK

10.1. Background of the case

The case of Krell v Henry [1903] is a landmark contract law case that took place in the United Kingdom. The
background of the case revolves around a contractual dispute between Mr. Krell, a plaintiff, and Mr. Henry, a
defendant. On the 20th of June 1902, a written contract was made between the defendant and the plaintiff. The
contract entailed the defendant's agreement to rent a flat from the plaintiff located in Pall Mall on the 26th and
27th of June. The specific purpose of the rental was to witness the coronation processions, which were
scheduled to pass along Pall Mall on those days. Notably, the contract did not include any explicit provisions
concerning the coronation processions or any other intended uses of the flat during the rental period. Upon
signing the contract, the defendant paid a deposit as agreed. However, the anticipated processions did not
occur as planned on the announced dates. As a result of this unforeseen circumstance, the defendant refused to
make the remaining payment for the agreed-upon rent (LawTeacher, 2021).

10.2. Legal issue

The legal issue in the case of Krell v. Henry [1903] was whether the defendant was obligated to pay the rent
despite the fact that the procession did not go as planned (LawTeacher, 2021). The court had to determine
whether the failure of the coronation processes constitutes a fundamental change in the circumstances that
excused Mr. Henry from his contractual obligations to pay the rent. If the court found that the main purpose of
the contract was indeed to witness the processions, and that the failure to do so significantly altered the
contract's nature and benefit, then it could be considered a case of frustration. As a result, the court would have
had to consider whether the doctrine of frustration applied, which could release the parties from their
contractual obligations and make the contract unenforceable.

10.3. Decision of the court

In the case of Krell v. Henry [1903], the court ruled in favor of the defendant, Mr. Henry. The court held that
he was not obligated to pay the remaining rent for the apartment he had hired (LawTeacher, 2021). The court
found that, although the contract did not state that the purpose of the tenancy was to view the coronation
procession, it was clear that both parties had this goal in mind when agreeing to the terms. In addition, the
court held that the contract had been frustrated by the unforeseen events. Frustration is a legal principle that
allows parties to be discharged from their contractual obligations when an unforeseen event occurs, rendering
the contract impossible to perform or fundamentally changing its nature.

10.4. The law which used to resolve the case.

The above case was settled based on case law, specifically the theory of disappointment in an earlier case
Taylor v Caldwell [1863] (LawTeacher, 2021). In this case, there was no specific law that directly addressed the
situation of the canceled coronation processes and its impact on the contract between the parties. Instead, the
court depends on previous case law and the principle of frustration to determine the outcome of the case.
Both these cases have in common is the occurrence of unforeseen events that affect the contract and cause the
contract to be released. Therefore, the settlement of the case Krell v. Henry [1903] based on case law will help
the Court save more time and ensure more accuracy.

11. Conclusion
This report highlights key legal terminology and ideas with a particular emphasis on the British and Vietnam
legal systems. It has been shown that the law plays a crucial role in guiding, governing, and fostering social
development through human conduct. Countries will stabilize their social security and protect their culture if
they know how to maintain and develop their laws properly. The law is a system that cannot be changed
overnight, adjustments and other measures need to be taken to perfect and fill the gaps.
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