ASSIGNMENT 1 FRONT SHEET

Qualification BTEC Level 4 HND Diploma in Business

Unit number and title Unit 7: Business Law

Submission date 28/05/2023 Date Received 1st submission

Re-submission Date Date Received 2nd submission

Student Name Nguyễn Lê Trạng Nguyên Student ID GBD210645

Class GBD1009 Assessor name Nguyễn Thị Liễu Hạnh

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making a false declaration is a form of malpractice.

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Table of Contents
1. Introduction.......................................................................................................................................................... 5
2. Law and sources of law ........................................................................................................................................ 5
2.1. Law ................................................................................................................................................................ 5
2.1.1. The definition of law ............................................................................................................................ 5
2.1.2. The purpose of law ............................................................................................................................... 6
2.2. Main sources of law in Vietnam .................................................................................................................. 8
3. The role of Government in law-making .............................................................................................................. 9
4. Statutory law and case law are applied in the justice court............................................................................. 11
4.1. The difference between statutory law and case law ................................................................................ 11
4.2. Precedent and principles of application precedent in the UK .................................................................. 11
5. Land Law of Vietnam.......................................................................................................................................... 12
5.1. The development of Land Law in Viet Nam .............................................................................................. 12
5.1.1. The Land Law of Vietnam in the period from 1987 to 1993 ............................................................. 12
5.1.2. The Land Law of Viet Nam in the period from 1993 to 2003 ............................................................ 12
5.1.3. The Land Law of Viet Nam in the period from 2003 to 2013 ............................................................ 13
5.1.4. The Land Law of Viet Nam in the period from 2013 to present ....................................................... 13
5.2. The effectiveness of the Land Law to support society in fact .................................................................. 14
5.3. The difficulties of application of the Land Law ......................................................................................... 15
6. Case in the UK..................................................................................................................................................... 16
6.1. Background of the case .............................................................................................................................. 16
6.2. Legal issue................................................................................................................................................... 16
6.3. Decisions of the court ................................................................................................................................ 16
6.4. Law applied ................................................................................................................................................ 17
7. Conclusion .......................................................................................................................................................... 17
8. References .......................................................................................................................................................... 17

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Table of Figures

Figure 1: The Constitution of Vietnam 2013 .................................................................................................. 7

Figure 2: Branch of power of State .............................................................................................................. 10

Table of Tables

Table 1: The difference between Law and Discipline..................................................................................... 6

Table 2: The difference between Statutory law and Case law..................................................................... 11

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 1. Introduction
Dragon Capital Fund's international investment fund is implementing a business strategy in the UK and a
new market that is Vietnam. An analysis of the legal systems in these markets includes information on the
origin of the law, the government's function in making the law, and how the courts apply the law to resolve
disputes. It will be discussed specifically about the Land Law in Vietnam as well as related issues. In
particular, this report will also use a case from the UK to demonstrate court procedures and how the law
and case law is applied in the country.

2. Law and sources of law

2.1. Law
2.1.1. The definition of law
Law is a set of rules, which are binding within the territory of the State, it is created and enforced by the
State (Adams et al., 2020).

From a legal perspective, rules are standards of conduct or regulations on mandatory tasks, processes, and
procedures, expressed in the form of legal regulations issued by State agencies (Adams et al., 2020). For
example: driving over 50 ccs is prohibited for people under 18 years of age.

The laws of a country are binding only within that country's territory (Adams et al., 2020). For example,
the legal provisions of Vietnam are only applied in the territory of Vietnam. In case the Vietnamese
government wants to arrest criminals abroad, it will pass the Law on Mutual Assistance.

Therefore, the State is the only entity that has the authority to create laws (Adams et al., 2020). To the
organization and management of all aspects of social life, the state needs laws. It can also be created from
the state's recognition of existing rules of conduct in society such as ethics, customs, and beliefs of religion.
In other words, the law expresses the will of the state. The state uses the law as a tool to exercise its power
because it is the legal basis for organizing and operating social life. Because of this, the State ensures that
the law is enforced (Adams et al., 2020). The State can use coercive measures to protect the law, punish
those who violate the law, and ensure that the law is strictly implemented in life.

Although law and discipline have many similarities in application and form as well. However, these two
concepts are completely different in society.

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 Criteria Law Discipline
Law is a set of rules, which are binding As a general rule in a community or
within the territory of the State, it is social organization (For example
created and enforced by the State (Adam school, hospital, ...) that everyone must
Definition
et al., 2020). follow to ensure consistency, thereby
achieving high efficiency in work (Le,
2022).
Mandatory Stronger Weaker
Issued by The State Organization, Community,…
Scope of Wider, nationwide Smaller, within the community,
application organization, agency,...
Guaranteed Guaranteed implementation by the power No State Power
implementation of the State
Penalties prescribed by the state: fines, Penalties prescribed by the
Penalty imprisonment, ... organization: deduction of salary,
criticism in front of the collective, ...
Table 1: The difference between Law and Discipline

2.1.2. The purpose of law

Any society or group inside it will create rules to serve organizational needs, improve the safety and
comfort of its members, and control how they interact with one another (Adams et al., 2020).

A complex legal structure is needed in an industrialized nation with prosperity to serve a variety of
functions. A legal system may be needed for the following purposes:

- To provide a governmental structure and legislative procedures (Adams et al., 2020). The law effectively
approaches and reflects on state management organizations. It clearly defines the rights, duties, and
limitations of government agencies. It establishes the basic principles of government organization and
operation, including principles of decentralization, balance of power, and responsibilities of government
agencies. Moreover, the legislation establishes the process and rules for the legislative process. It defines
how new laws are introduced, examined, passed, and enforced. The law also ensures citizen participation
in the legislative process and controls the power of the government to enact laws. This purpose is
expressed in the Constitution. The Constitution of Vietnam 2013 stipulates the political regime in Articles
1 to 13, and the rights and obligations of state agencies in Articles 69 to 120 (Thuvienphapluat, n.d.).

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 Figure 1: The Constitution of Vietnam 2013

- To provide public services and to raise taxes to pay for them (Adams et al., 2020). The law establishes
regulations for the provision of public services such as education, health care, security, transportation, and
infrastructure. The law ensures and protects human rights and citizens' rights. The state operates on taxes.
Thus, the law regulates the tax system and the tax process. It defines taxes, tax calculation, tax return
regulations, and tax rules. The law also defines the rights and obligations of citizens to pay taxes and
assures that tax collection is done fairly and legally. These are concretized through administrative law (For
example the right to complain, the right to denounce, the right to access information,...).

- To regulate and promote the economy (Adams et al., 2020). The legislation establishes rules to ensure a
fair and competitive business environment. Competition and antitrust regulations help prevent unfair
behavior and protect the interests of businesses and consumers. This helps ensure fairness, and uniformity
and ensures the interests of stakeholders, such as consumers, investors, and the community. The legal
system provides rules and procedures for effective economic dispute resolution. The law provisions
provide to protect intellectual property and property rights. The Civil Code 2015 has demonstrated the
role of economic regulation and promotion. Specifically, "Ownership and other property rights" (Articles

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158 - Article 273 of the Civil Code), stipulates the principles of grounds for establishing and exercising
ownership rights and other rights to property; protection of ownership rights and other property rights;
limitation of ownership or other rights to the property; possession; ownership; right to adjoining
immovable property, the usufruct right, surface right (Thuvienphapluat, n.d.).

- To promote public order and preserve national security (Adams et al., 2020). The law sets out clear rules
and standards for offenses and corresponding punishments. This helps maintain public order and ensures
national security by preventing and punishing behaviors that negatively affect society and the nation. Laws
provide the necessary provisions and rights to protect the rights and safety of citizens. The law defines the
rights and duties of functional forces such as police, military, and other law enforcement agencies. The law
protects sensitive information and the national interest from unauthorized access, disclosure, or misuse.
These are concretized through criminal law.

- To give individual members personal rights and duties about others and to enable personal enforcement
of these rights (Adams et al., 2020). Disputes are not included in a society consisting of people with
different wants, needs, values, etc. In addition, the law provides a formal means of settling agreements
which is the court system. When there is a conflict between two people but the two parties cannot find a
common voice in compensation and responsibility, they can initiate a lawsuit to come to a reasonable
solution. This is the civil law.

- To give legal validity to approved relationships and transactions between members of society (Adams et
al., 2020). The law provides a legal framework to protect the rights and fairness of the parties in
relationships and transactions. In addition, the law ensures transparency and accountability in the
implementation of the commitments made and limits risks and negotiation. This involves commercial law
stipulating the rights and obligations of the parties in a contract of sale of goods (Articles 34 to 62).
Commercial law has demonstrated the legal basis for transactions in society (Thuvienphapluat, n.d.)

2.2. Main sources of law in Vietnam

In Vietnam, there are two main sources of law: statute law and case law. Statutory laws, sometimes known
as "legal documents" or "written laws," are formal declarations of accepted norms of conduct in
interpersonal interactions (Tam, 2009). This type of legislation was developed in a generalization manner
based on theoretical study, carefully observing actual practical requirements, actual legal experience, and
anticipated social interactions that would naturally emerge to modify. The more thorough, the better. The
benefit of this type of law is that it is transparent, democratic, and adaptable independent of social ties.
Vietnam's National Assembly and Government is the body in charge of issuing laws and sub-laws. Six steps
are involved in the creation of a law. First, it must be included in the legislative roadmap. The next step is

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to draft a law project, the drafting committee is responsible for the progress and quality of the law. The
third step is to transfer the bill to the relevant committees for examination. After verification, the bill will
be submitted to the National Assembly Standing Committee. Here, the drafting committee will receive
comments and revise the bill. Next step, the bill is put into the sessions of the National Assembly. If the
bill is approved by 2/3 of the delegates, the bill is passed. After the bill is passed, it will be published. In
addition to the National Assembly promulgating laws, other competent agencies are allowed to issue
documents. For example, the Government, the Council of Judges of the Supreme People's Court, the
People's Councils, and the People's Committees at all levels can issue resolutions. Resolution No.
01/2003/NQ-HDTP dated April 16, 2003, guiding the application of law in the settlement of some types of
civil, marriage, and family disputes by the Council of Judges of the Supreme People's Court promulgate.

Case law is one of the new concepts in Vietnam and was applied after Resolution 03/2015/NQ-HDTP. This
resolution prescribes the procedure for selecting, publishing, and applying time-limited precedents. Case
precedent is the legal basis for a specific case selected by the Trial Panel and published by the Chief Justice
of the Supreme People's Court as a precedent for the Courts to study and apply in the adjudication process.
In Vietnam, the Council of Judges of the Supreme People's Court issued Resolution No. 03/2015/NQHDTP
dated October 28, 2015, on the process of selecting, announcing, and applying case precedent. When the
Trial Panels issued judgments and decisions citing and applying the above precedents, most of the court
sessions had the participation and legal opinions of lawyers who analyzed and clarified the situation. The
legal situation of the case is resolved, the legal situation, and the legal solution in the case law as the basis
for deciding to apply the case. Vietnam applied case precedent for the first time since June 1, 2016. Case
precedent in Vietnam has been recognized as a standard and legal judgment that has been selected as the
premise for courts to apply in cases with similar situations. Currently, Vietnam has 63 precedents. For
example, Case precedent No. 01/2016/AL on the case of “Murder” was approved by the Council of Judges
of the Supreme People's Court on April 6, 2016, and published under Decision 220/QD-CA of April 6. 2016
of the Chief Justice of the Supreme People's Court (Thuvienphapluat, n.d.).

3. The role of Government in law-making

The state machinery is split into three branches of power, each with a distinct role, to prevent the
concentration of power on one particular group or collective: Parliament (possesses the authority to enact
legislation); Government (the executive, who is in charge of enforcing the law); The judicial system (gives
the judges the authority to enforce the law).

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 Figure 2: Branch of power of State

Therefore, the role of the Government in law-making is to organize the implementation. That means the
Government ensures law enforcement using coercive methods. Accordingly, the power of implementation
does not appear to have any significant influence or impact on the legislative power. The government
ensures that laws are enforced fairly and effectively. The government uses the executive branch to deal
with violations of the law and impose sanctions on violators.

Parliament is the place to enact laws, however, the Government is the source of implementing documents,
and sub-law documents are collectively referred to as "Secondary Laws". A secondary law is a type of law
created by bodies other than the primary legislature, authorized to do so by the primary law. Often, it is
necessary to provide more specific details about how the basic law is implemented, and it can be updated
or revised more easily than the basic law. The executive power of the government is now not only limited
to the executive but also the right to proactively initiate and make national policies. That is the right to
proactively orient and orient the country's development (Nguyen, 2021). In offering and making policies
for the country, the Government must be proactive in detecting needs and finding solutions to solve those
needs quickly, promptly, properly, and intelligently. From there, the Government must organize the
drafting of national policies or in the form of laws to submit to the Parliament if such policies have long-
term stability, related to basic rights and obligations of people and citizens; or national policies issued by
their agencies, they draft, approve and organize their implementation. Therefore, it can be considered
that the right to actively submit bills to the Parliament is the most important content of the executive
power and the input of the legislative power.

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For example: The laws that govern the aviation industry in the United Kingdom, are an example of a
Secondary Law, known as an Air Navigation Order. In 2019, the Government proposed amending the law
banning drone flights above 400 feet. To make this change, it was necessary to amend the Air Navigation
Order, this was done through another section of the Secondary Law called the Air Navigation Order
(amendment) 2019. After promulgated, the Government ensures implementation (Secondary Legislation,
2022).

4. Statutory law and case law are applied in the justice court
4.1. The difference between statutory law and case law
Basis for
Statutory law Case law
comparison
According to Surbhi (2022), statutory law Surbhi (2022) states that case law refers to
(written law) is a collection of legal rules the reasons and conclusions in the legally
and ideas that are documented precisely, binding judgment and decision of the Court
thoroughly, and unambiguously to prevent on a particular case chosen by the Chief
confusion or diversion. It guarantees that Justice of the People's Court and the Council
individuals can correctly comprehend and of Judges of the Supreme People's Court. It
Define
abide by the law. In more precise words, is a precedent that the Court can refer to and
legislation is statutory law, which is the use during the trial for cases with similar
cornerstone of the legal order and is circumstances. Common law was created to
founded on laws. It has a binding effect on fill in the gaps that the law lacks.
all people, companies, and organizations
inside a certain nation.
State body
Issued by National Assembly/ Parliament Issued by Court
to issue
Forms Act, Code, Law Precedent
Table 2: The difference between Statutory law and Case law

4.2. Precedent and principles of application precedent in the UK

According to Slapper and Kelly (2003), the source of law that characterizes the UK legal system is
precedent. Case law in the UK is understood as legal issues and principles drawn from court decisions. It is
the legal basis for judges to apply to resolve cases with similar circumstances in the present or the future.
The application of case law is to compensate for the flaws of the statutory laws. It is analogical thinking,
which means taking similarity as the standard. A rule of precedent is formed based on three factors: facts,
reason, and the decision of the court. Courts in the UK apply precedent when handling cases with

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circumstances similar to those of the previous case. When adjudicating lower courts must follow the
precedents of the superior courts, and the courts when creating case precedents must also follow the
precedents they have created. According to this principle, the lower courts are bound by the legal
principles set forth by the superior courts and recorded in the judgments of past cases. In this case, the
previous decision of the higher court becomes the precedent.

5. Land Law of Vietnam

5.1. The development of Land Law in Viet Nam
5.1.1. The Land Law of Vietnam in the period from 1987 to 1993
After 10 years of implementing socialism according to the economic and business model, the National
Assembly of Vietnam promulgated the first Land Law. The Land Law 1987 includes 57 articles divided into
6 chapters. So at this time, land management has gradually come into order, starting to focus on the
measurement work to establish and manage the boundary map between the administrative units
(Thuvienphapluat, n.d.).

However, the Land Law 1987 quickly revealed several weaknesses. Because it was drafted while the
country entered the renovation period, it was heavily influenced by the nature of the subsidized
bureaucracy. The Land Law 1987 has not yet recognized valuable land use rights, making tax calculation in
land transactions difficult. Besides, it did not have clear legal regulations to regulate land relations during
the transition to a market economy. The financial policy for land (especially land price) is unclear and the
irrationalities in land planning are adjusted (Thuvienphapluat, n.d.).

5.1.2. The Land Law of Viet Nam in the period from 1993 to 2003
The Land Law 1993 was adopted by the IX National Assembly on July 14. The Land Law 1993 has 7 Chapters
and 89 Articles in all. The Land Law 1993 sought to adjust to the changing context and the demands of
fundamental market economic developments. Furthermore, it overcame the restrictions of the Land Law
1987 and incorporated the Constitution 1992. The management of land prices and financial concerns
associated with land belts in a more particular and thorough manner than before. This was a new aspect
of the Land Law 1993 (Thuvienphapluat, n.d.).

Land price problem: Decree No. 80/1993/ND-CP dated November 6, 1993, stipulates the price brackets for
different types of land for "calculation of tax on land use right transfer, calculation of property value upon
land allocation, compensation for land damage when recalling". This is the first time that the issue of land
prices is mentioned to regulate the financial relationship between the State and land users
(Thuvienphapluat, n.d.).

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Land financing is regulated. If a land user is allowed to change the purpose of land use, change from renting
land to allocating land with collection of land use levy, issue a certificate of land use right, or build an
industrial zone or economic zone, they must pay a fee land use for the State. They perform financial
obligations for land use to the State.

The Land Law for the period from 1993 to 2003 deals with the collection of land use fees. It is specified in
Decree No. 89/1994/ND-CP (issued on August 17, 1994) on the collection of land use fees and cadastral
fees; Decree No. 44/1996/ND-CP (issued on August 3, 1996) amending and supplementing several articles
of Decree No. 89/1994/ND-CP; Article 22a of the Land Law amended and supplemented in 1998. The issue
of land use levy collection is mentioned. However, it also has some shortcomings such as it does not cover
all the subjects that have to pay land use fees or land use revenues into the budget are still limited. These
issues are resolved in Decree No. 38/2000/ND-CP and Circular No. 115/2000/TT BTC (issued on
11/12/2000).

The Land Law 1993 has relatively specific and detailed regulations on land finance issues. The state's
recognition of land use rights has contributed to the formation of a new tax on the transfer of land use
rights and the emergence of the concept of land lease.

5.1.3. The Land Law of Viet Nam in the period from 2003 to 2013
To overcome the shortcomings, the 11th National Assembly passed the Land Law 2003, consisting of 7
chapters and 146 articles. The birth of the Land Law 2003 marked the maturity of progressive innovation,
consistent with the market mechanism of land finance policy.

Accordingly, Land Law 2003 separates regulations on land finance and land prices. The most prominent is
Article 54. It lists the sources of revenue for the state budget from land. In addition, the Land Law 2003
also added new regulations such as encouraging land users to invest, land rent for some cases, etc
(specifically in Article 60). These regulations changed land management to flexible economic measures.

The introduction of regulations on land finance of the 2003 Land Law quickly took effect. It helps to restrain
the increase in land prices and greatly reduces the speculation about land for profit.

However, the 2003 Land Law still has some limitations. Regulations on land prices still deviate considerably
from the market price of land or regulations on land finance are scattered.

5.1.4. The Land Law of Viet Nam in the period from 2013 to present
The 2013 Land Law inherits and develops from the provisions of the 2003 Land Law. It has approached and
fully demonstrated the issues of land finance under the socialist mechanism. It ensures the interests of

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land users, the interests of the State, and investors. Moreover, the Land Law 2013 is in line with the process
of industrialization and modernization of the country.

The Land Law 2013 has some additional regulations on the basis and time for calculating land use levy. In
addition, it also adds several regulations on exemption and reduction of land use fees and rents for those
with meritorious services to the country, poor households, and ethnic minorities in border areas. or
islands, land for the construction of aviation facilities, etc.

The 2013 Land Law supplemented and completed the rules on land girls, supplemented regulations on
land price brackets and land price lists to suit reality; supplemented regulations on specific land price
determination; supplement regulations on land price consultancy.

The development of Land Law in Vietnam shows that the perfection and clarity of land are increasingly
valued. This is the clearest demonstration of the importance of land management and efficient land use.

5.2. The effectiveness of the Land Law to support society in fact

The Land Law is one of the laws that have a strong impact on the development of the country's economy,
society, security, and defense as well as on human life in Vietnam. The Land Law 2013 has created a legal
foundation for activities related to land use and management of land assets, contributing to enhancing
transparency and fairness in land ownership. This has created a stable investment environment and
attracted domestic and foreign investment. Since then, this law has promoted economic development and
contributed to Vietnam's GDP growth. In addition, the Land Law 2013 has played an important role in
creating equity in land ownership. It has ensured the rights of people in the use, transfer, and inheritance
of land. This law has helped prevent land agreements, protect people's rights, and contribute to building
a more stable society. Land Law 2013 plays an important role in protecting national security. It helps
control and manage land, preventing abuses, fraud, and violations of land-related laws. By strengthening
land management and supervision, this law contributes to providing security, order, and stability
throughout the country.

The policy of supporting production land, residential land, and houses for ethnic minority households with
difficult lives have contributed to the effective implementation of the Program of "hunger eradication and
poverty reduction". The policy of exemption and reduction of land use fees when the State allocates
residential land, recognition of land use rights, and the policy of exemption and reduction of land-related
taxes for poor households have contributed to reducing the poverty rate in Vietnam. All of this is reflected
in the Land Law 2013.

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The Land Law 2013 also has a great impact on In the field of environmental protection. The formulation
and implementation of land use planning have created a reasonable land fund for waste and garbage
treatment zones, especially in urban areas and agricultural development areas; adopt mechanisms,
policies, and solutions to encourage people to protect forests, afforestation, and greening the bare hilly
land to reduce the risk of soil erosion and leaching, natural disaster prevention and mitigation and climate
change.

Thus, the reforms and development of the Law of the Land, it has affected different sectors of society. This
proves that the Land Law has strict and important regulations.

5.3. The difficulties of application of the Land Law

The organization and implementation of policies and laws on land are still limited, especially in the
formulation of land use master plans, the organization of land valuation agencies, land allocation, land
recovery, and compensation, support and settlement, site clearance, and administrative procedures
related to land. The interests of the State as the owner of the property being land and the people whose
land has been recovered as the person assigned the right to directly use it have not been adequately
secured; land resources have not been fully promoted to become an important internal force for socio-
economic development; the use of land in many places is still wasteful, with low efficiency such as land
allocated to economic zones, industrial zones, land allocated to state-owned agricultural and forestry
farms; corruption and negativity in the process of implementing land policies are still quite large; the real
estate market develops unstable, unhealthy, "underground" transactions are still quite common; the
situation of complaints and denunciations about administrative decisions of competent and land
negotiation is still complicated agencies. The Land Law applies to different types of land, including
agricultural land, construction land, forest land, and public land. Therefore, understanding and properly
applying the law to each type of land can be difficult. The implementation of land-related procedures, such
as land transfer, lease, public land allocation, granting land use rights, and reclaiming land... requires
compliance with many different legal regulations. This complex legal process can make it difficult for
individuals and organizations to exercise their rights regarding land.

These difficulties reflect specific problems in the implementation of the Land Law in Vietnam. Here are
some suggestions for dealing with these difficulties. First, it is necessary to improve the organization and
management in planning, land valuation, land allocation, land acquisition, compensation, support and
settlement, and site clearance. This is to strengthen the implementation of land policies and laws.
Secondly, ensuring transparency and openness in the implementation of land policy is very important.
Disclosure of information on planning, land valuation, land allocation, land acquisition, and related

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decisions will help people and organizations to be fully informed and publicly debated. Thirdly, it is
necessary to simplify the process related to land, from the process of transferring, leasing, allocating public
land, and granting land use rights to land acquisition. At the same time, strengthen support and advice for
individuals and organizations on legal regulations and procedures related to land.

6. Case in the UK
The case summarized below is a case involving rape in UK and it is R v Abbas Abbass [2023] EWCA Crim
540.

6.1. Background of the case

On December 17, 2021, Victim C had some alcohol at the Red Room Night Club in Peterborough City.
However, she remained alert and in control of her behavior. Moments later, Victim C moved to The Met
Lounge Night Club. Defendant A met and followed her after she left the club. There were only two of them
on the empty street. Defendant A came forward to ask the Victim personal questions, but she refused to
answer. Defendant A then attempted to forcibly kiss the victim even though Victim C tried to refuse. She
felt out of control of her behavior and collapsed in front of the children's play area. The defendant
proceeded to violently rape her. The accused then placed the victim in another position and raped again.
This time it was longer and rougher than the last. After committing two acts of rape, Defendant A took the
Victim to his home. The next morning, A again forcibly kissed and raped the victim again. The victim leaves
in a state of physical weakness and panic. She reported it to the police and the defendant was arrested
later that day. On August 2, 2022, Defendant A was tried for two counts of rape, contrary to section 1(1)
of the Sex Crimes Act 2003 (nos. 1 and 2), and one count of assault by penetration, contrary to section 2
of the Sex and Crimes Act 2003 (no. 3). The total penalty is 18 years imprisonment. However, Defendant
A has applied for an extended leave to appeal the extended sentence of 18 years in prison with a six-year
license term applicable to the applicant on November 16, 2022.

6.2. Legal issue

The appellant stated that the 18-year prison sentence was excessive. The increase from 10 years in prison
to 18 years in prison is disproportionate.

The judge has placed undue weight on this case for sentencing purposes.

6.3. Decisions of the court

As the judge observed, these are three very serious sex crimes that have had devastating consequences
for the victim. The decisive sentence of an extension of 18 years in prison with an allowable term of 6 years

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is severe, but in their opinion, not excessive or blatantly wrong in principle. For these reasons, the appeal
will be dismissed.

6.4. Law applied

The Royal Courts of Justice applied sections 1 and 2 of the Sexual Offenses Act 2003 in this case. The
provisions of the Sex Crimes (Amendment) Act 1992 apply to these crimes. Under those provisions, when
a sexual offense is committed against a person, any matter involving that person, during that person's
lifetime, shall be included in any publication if it is likely to cause the public to identify the person as a
victim of that crime. This prohibition applies unless waived or lifted under section 3 of the Act.

7. Conclusion
In summary, this report provides an overview of Vietnamese and UK law, especially the Law of Land in
Vietnam. Through the above analysis, the role of the government in the enactment and enforcement of
laws. All the most basic information about the law such as definition, purpose, and source of the law has
been mentioned.

8. References

• Adams, A., Caplan, S. and Lockwood, G., 2020. Law for Business Students. Pearson UK
• Le, H. T. (2022) Kỷ luật là gì? Đặc điểm, hình thức, ý nghĩa, lợi ích của kỷ luật, luatminhkhue,
[online] Available at: https://luatminhkhue.vn/ky-luat-la-gi-dac-diem-hinh-thuc-va-loi-ich-cua-ky-
luat.aspx (Accessed 25 May 2023).
• Nguyen, P. N. (2021) Các Nguồn Luật Cơ Bản ở Việt Nam, Tạp chí Công Thương, [online] Available
at: https://tapchicongthuong.vn/bai-viet/cac-nguon-luat-co-ban-o-viet-nam-
83254.htm#:~:text=%E1%BB%9E%20Vi%E1%BB%87t%20Nam%20hi%E1%BB%87n%20nay,ph%C3
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