ASSIGNMENT 1 FRONT SHEET

Qualification BTEC Level 4 HND Diploma in Business

Unit number and title Uni7: Business Law

Submission date Date Received 1st submission

Re-submission Date Date Received 2nd submission

Student Name Nguyễn Thanh Tâm Student ID GBH210124

Class GBH1116 Assessor name Nguyễn Thị Thu

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I certify that the assignment submission is entirely my own work and I fully understand the consequences of plagiarism. I understand that
making a false declaration is a form of malpractice.

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Table of Contents
1. Introduction......................................................................................................................................................... 4

2. Explain the definition of Law. Provide examples to distinguish the law with other regulations in society..........4

3. Explain the Purposes of Law.................................................................................................................................5

4. Explain the purposes of UK Company Act 2006................................................................................................... 8

5. Distinguish statutory law and case law. Giving examples of statutory law in UK.................................................8

6. Explain the role of the UK Parliament................................................................................................................ 10

7. Explain the role of the Vietnamese Government in law making........................................................................11

8. Explain how the court applied statutory law and case law in justice court. Giving example of 1 precedent in
the UK court........................................................................................................................................................... 12

9. Evaluate the effectiveness of the legal system in terms of recent reform and developments of Vietnamese
Enterprise law 2020............................................................................................................................................... 13

11. Conclusion........................................................................................................................................................ 14

References............................................................................................................................................................. 15

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1. Introduction
The author of this article is a legal expert who works for the global investment company Dragon Capital Fund.
The author's business plan for this year calls for investing in Vietnam as well as the UK. The author's task is to
conduct in-depth research on the legal system in these markets, including information on the origin of the law,
the function of government and parliament in the enactment of legislation, and how the courts interpret the
law in cases of contention.

2. Explain the definition of Law. Provide examples to distinguish the law with other regulations in society
2.1. Definition of Law

Law is a body of universally applicable, obligatory standards of behavior that have been proclaimed or
recognized by the State, assuring the execution and adjustment of social interactions across all domains. Legal
and moral standards that are generally enforceable make up legislation. An individual or organization is not
permitted to express an opinion regarding the law's provisions or its implementation. As a result, everyone who
disobeys or breaks the law will likewise face coercion. This is what ensures that people are exercising their rights
and obligations in accordance with the law in a fair and equal manner (Thúy, 2021).

The law is broadly applied to every member of society and does not apply only to certain groups or people. The
law controls social interactions in a variety of contexts, but its rules don't stand alone; instead, they are
interconnected and function as a single unit. Laws are formalized in writing. In the points, clauses, and articles of
Decrees, Decisions, Circulars, and Directives, legal documents are expressly, rigidly, and mandatorily prescribed
(Thúy, 2021).

2.2. Example

The Law: The Law on Biodiversity (2008) was codified in 2018 with the publication of Consolidated Document
No. 32/VBHN-VPQH 2018. The Law on Biodiversity establishes the rights and responsibilities of agencies,
individuals, organizations, households, and communities for the protection and conservation of biodiversity and
provides laws on conservation and sustainable development activities. The law has 18 articles in Chapter IV that
govern the preservation and sustainable use of living creatures. As a result, wild animal species will be taken
into account for the List of endangered rare and precious animal priority for protection in order to safeguard
vulnerable endemic or important livestock. In the strictly protected area of the reserve, Article 7 of this law
forbids acts like hunting, catching, and exploiting wild species, with the exception of exploitation for scientific
research. This Law forbids the unauthorized taking of animals on the List of endangered, priceless, and rare
species that are prioritized for conservation, as well as the exploitation of their organs, slaughter, consumption,
and transportation. Article 75 of this Law mandates that businesses or individuals who harm Vietnam's
biodiversity must make restitution in line with the law (Trinh, 2021).

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Other regulations in society: The Board of Directors of Masan has approved operational regulations that will
take effect on April 1, 2021 for the Masan Consumer Goods Joint Stock Company. The Board of Directors of
Masan is described in these Regulations in terms of its makeup, responsibilities, powers, and methods of
operation. Only those involved in the management of the Masan Board of Directors and their immediate family
members are subject to this regulation. For instance, it is required of Board of Directors members to attend all
meetings and provide input on the topics brought up for discussion in Clause 2a of Article 4 of Chapter II
(Masan, 2021).

Distinguish the Law with Regulations in Masan Company

The Law Regulations in Masan Company

Body to issue National Assembly of the Socialist Republic of
Vietnam
Mandatory Agencies, individuals, organizations, households
and communities throughout the territory of
Vietnam.
Violation penalty Compensation must be paid in accordance with
the provisions of law. Compensation will have to
be paid to the State of Vietnam.
The Board of Directors of Masan
Only those involved in the management
of the Masan Board of Directors and
their immediate family members are
subject to this regulation.
Employees that transgress will face
criticism from their managers or, in the
worst case scenario, have their bonuses
reduced.

From the table above, it can be seen that the law is more mandatory, the scope of application is higher, and the
punishment is heavier than other regulations in society.

3. Explain the Purposes of Law

a. to provide a governmental structure and legislative procedures

To ensure fairness and openness in the management of the ruling class, a law based on the constitution was
passed. Assure the establishment of a transparent government and a democratic political system. From then,
work to create a stable society while doing your best to preserve the interests of the people. a base for bringing
about sustainable a country's progress. To secure the adoption of common practices, the leadership force
commands the populace economically relevant tasks (Ánh, 2023).

Example: The Socialist Republic of Vietnam's 2013 Constitution, which stipulates the political, economic,
cultural, social, defense, and security regimes as well as fundamental principles governing the structure and
functioning of the State, is the highest legal document in the country (Hung, 2014).

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 b. to provide public services and to raise taxes to pay for them

Public services: A resource provided by an institution, often a government agency or private enterprise, with
the intention of assisting members of a community is known as a public service. Public services, which comprise
systems and remedies that can help different groups of people, include transportation, waste management, and
health care. The government may provide these services directly to community members or may support a
commercial company to do so. For instance, although the jurisdiction pays for this public function, waste
removal services are handled by independent contractors. These resources are crucial because they can support
a region's infrastructure upkeep, economic growth, and environmental protection (Team, 2022).

Example: One of the most crucial services offered by government organizations is energy. It guarantees that
people can efficiently execute chores and power their appliances, heat, chill, and illuminate their homes.
Electricity is the most frequent form of energy that governments offer, and it can be generated using fossil fuels,
hydroelectric power, nuclear power, wind power, or solar power.

Raise taxes: Raising taxes is done to bring in more money for the government to spend on services and
initiatives. Education, healthcare, infrastructure, social welfare, and national defense are just a few examples of
these services and activities. By shifting wealth from higher-income persons to lower-income individuals
through social welfare programs, tax increases can be used as a strategy to combat economic inequality. Raising
taxes is another way to deal with budget imbalances and pay down the national debt. Prior to enacting tax
hikes, it is crucial to thoroughly evaluate the potential repercussions as increasing taxes can have adverse
effects on the economy, such as decreasing consumer spending and deterring investment.

c. to regulate and promote the economy

The proper operation of economies and societies depends on regulations. For people, companies, governments,
and civil society, they establish the "rules of the game". They support markets, defend citizens' rights and safety,
and guarantee the delivery of public goods and services. Government intervention in the economy should be
used to address market imperfections or instances where private markets are unable to maximize the value
they can produce for society. Governments can help businesses by offering them financial support, consulting,
and other services. It can also serve as the public's ally by making and upholding laws pertaining to labor safety,
consumer protection, and other issues (The Committee for Economic Development, 2017).

Example: The Socialist Republic of Vietnam's President issued an Order on July 2, 2012, announcing the Law on
Prices, which became effective on January 1, 2013. Compared to the prior rules, this law also eliminated the
State's non-market interventions that served to stabilize prices adversely impacted business and manufacturing,
"distorted" the price system, and did not comply with foreign subsidies and price subsidies. When prices

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fluctuate abnormally, the State uses a mechanism to engage in the market, mostly through macroeconomic
measures such as: controlling the supply and demand of goods and services; taking monetary and financial
actions; and creating and utilizing a price stabilization fund for the purpose of a list of the commodities and
services that require price stabilization for those goods; price registration and control price-forming variables.

d. to promote public order and preserve national security

The establishment of legal papers helps to stabilize social order and opens doors for successful management
and growth. Legal norms must be distinguished from other social norms. Despite being acknowledged by
society, social standards are nevertheless not protected by the state's coercive powers. Contrarily, coercive
force is always used to protect legal standards state governing system (Thu, 2022).

Example: Those who disturb public order and negatively impact social security, order, and safety are punishable
under Article 318 of the Penal Code, as well as those who have been administratively sanctioned for causing
public disorder or sentenced for the crime of disturbing public order, but who have not yet completed their
sentences being punished with a fine of between VND 5,000,000 and 2 months if they have been remitted yet
they still perpetrate the crimes 5,000,000 to 50,000,000 dong in fines and a term of jail. A larger organization's
violations carries a sentence of two to seven years in prison.

e. to give individual members personal rights and duties in relation to others and to enable personal
enforcement of these rights

The law outlines citizens' fundamental rights, including their rights to life, liberty, and equality as well as their
participation in state governance. It also addresses employee social insurance requirements, including
mandatory and voluntary programs, as well as the rights and responsibilities of participants. In the
implementation of social insurance, insurance companies and employers' associations (Adams, Caplan and
Lockwood, 2020).

f. to give legal validity to approved relationships and transactions between members of the society

The conclusion of a contract is crucial when the parties agree on a particular matter in life since the contract is
viewed as a "seal" documenting their agreements. The parties may therefore rely their decisions on the terms of
the original agreement or any later changes, and supplements to resolve the conflict or utilize it as a foundation
to exercise their rights and obligations related to the subject of the contract. The parties can create a contract or
negotiate a contract as soon as there is an offer to enter into one construct a precise agreement with all
required rights, obligations, and details as agreed upon by the parties (Hương, 2023).

Example: Contracts for the acquisition and sale of cars, apartments, houses, and other real estate-related
assets, as well as contracts for the transfer of land use rights and ownership of those things... These agreements
between the parties specify that each party will sell the real estate that either party owns or controls possesses

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the authority to sell, the other party is the purchaser, and pays to transfer title of the relevant item (depending
on Article 430 of the Civil Code of 2015) (Hương, 2023).

4. Explain the purposes of UK Company Act 2006

Almost every aspect of how a company is handled, operated, and financed in the UK is governed by the
Companies Act of 2006. It replaced the Companies Act of 1985 and went into effect in phases, with the last one
beginning in 2009. It gave both publicly traded and privately held businesses in the UK a uniform set of
corporate laws (Viv1, 2022).

Directors of corporations are expected to adhere to their legal obligations and follow the minimal standards
outlined in the Act. Although brief adjustments were made in 2020 as a result of the coronavirus pandemic's
effects on businesses, these have mainly been abandoned. Nevertheless, changes to the Companies Act of 2006
—most notably to Section 172 (S172)—have been put into effect (Viv1, 2022).

The primary source of company law controlling the UK is the Companies Act 2006, a piece of legislation. The
Companies Act is noteworthy for a number of reasons, not the least of which is that it is the longest act in British
parliamentary history with more than 700 pages and 1,300 sections (GoCardles, 2021).

The Companies Act was established in 2006 and became a law for a number of reasons, including:

 To modernize and streamline corporation law so that businesses and others can use it more easily
 To codify common law, particularly in regards to the responsibilities of directors, making them more
explicit and consistent
 To strengthen shareholders' rights by granting them more influence and defense against management
and corporate governance
 To streamline the administrative procedure, lessening businesses' strain and expense of compliance
allowing them to function more effectively and adaptably
(Viv1, 2022)

5. Distinguish statutory law and case law. Giving examples of statutory law in UK
Statutory law: The legislative branch of the government drafts and passes statutes, commonly referred to as
statutory law. Statues are essentially written laws that may be looked up or found in dictionaries or books.
These are presented as bills or acts. Common instances of statutory legislation include, among others, the legal
drinking age of 21 and traffic infractions such running a red light (Ebadolahi, 2019).

These laws are frequently codified, which means they are gathered, indexed, and given numbers all in one
location. The judicial branch of the government interprets and upholds statutory law by using it in court
proceedings. However, statutory laws cannot be made by the judicial branch. These laws are predicated on the
idea that every word they contain has a purpose and was selected with care. Since statutory laws are written
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accurately, there is minimal space for interpretation. Consequently, it is not possible to "read between the
lines" of statutory legislation. Lawyers must debate how to interpret statutory laws when disputes involving
them arise in court, and they may occasionally contest the definition of the law itself (Ebadolahi, 2019).

Case law: Case law is judicially produced legislation. In a common law system like ours, the courts have the
authority to create laws even if Parliament enacts the majority of laws. A senior court (sometimes referred to as
a court of record) can amend or clarify the law by ruling on a contested issue of law, setting a precedent that
other courts are required to follow or apply in subsequent instances (ICLR, 2018).

Distinguish statutory law and case law

Statutory law Case law

Body to issue The National Assembly, the People's Council, The top courts, including the Supreme Court and
or other legislative bodies at the local or the Supreme People's Court...
national level...
Form of Constitutions, laws, decrees, and decisions Judicial orders, rulings, and judgments.
promulgation are examples of legal documents.
Promulgation In accordance with the procedures for In accordance with the decision-making
order legislation outlined in the Constitution and procedures outlined in the Civil Procedure Code
the Law on The National Organization for and the Criminal Protocol Code. These actions
Assembly. These procedures consist of incorporate actions like submitting a court case,
actions like starting a bill, creating a bill, receiving, and resolving lawsuits, courtroom
debating, and passing, approving, and preparation, and trial and judgments, etc.
making the law public, etc.
Application Be enforceable throughout the region as of From the date of implementation or the date of
Procedure the date of implementation or as of the publication, enter into force for circumstances
release date. Suitable for all instances that are identical. In circumstances where there
involving the information in legal system. is a difference between the If there is no
statutory legislation, the rules of law.

Example: The ban on getting drunk in pubs is an illustration of the law in the UK. Under the Municipal Act of
1839, it was illegal to "allow a butler to get drunk on the spot". Violations of the Licensing Act 2003 include
serving alcoholic beverages to intoxicated consumers and making alcohol transactions on someone else's
account. Therefore, if a person leaves the house and consumes more than three to four pints, they risk a £200
fine (Murray, 2020).

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6. Explain the role of the UK Parliament
The legislative arm of the British government is represented by the UK Parliament. It is made up of the House of
Commons and the House of Lords, two different bodies, making it a bicameral parliament because it has two
"chambers." Representatives in the House of Commons are chosen by voters across the UK. Members of the
House of Lords are not elected, in contrast. Until a resolution is reached, they both discuss and alter the current
law while bouncing ideas off of one another. In many committees and councils across the legislature, each
house represents the legislature (Study Smarter, n.d.).

UK Parliament: House of Commons

One of the two houses of parliament is the House of Commons. The upper house is another name for it. In
general elections, the public votes to choose the members. Their primary responsibility is to discuss, examine,
and present their own bills of legislation.

The House of Commons is divided into 650 seats. Though individuals may run independently, the majority of
Members of Parliament (MPs) have been elected and hold seats on behalf of political parties. Along with their
political party, MPs also represent their constituents. The UK parliament consists of 650 seats, and each
Member of Parliament (MP) represents a single constituency (Study Smarter, n.d.).

UK Parliament: House of Lords

The House of Lords, usually referred to as the upper house, is the second chamber of parliament. They discuss
and vote on new laws alongside the House of Commons examining it carefully and making modifications as
needed. The House of Lords does not have a fixed number of seats, although in 2022, there were 767 members.
But unlike the House of Commons, the House of Lords is not chosen by the general population. The majority of
nominations come from "life peers," or those who have spent their entire careers working in the political and
legal systems (Study Smarter, n.d.).

UK Parliament's functions

Passing laws, conducting parliamentary hearings, and appointing ministers are the three main duties of the
British parliament. Passing legislation is arguably the most crucial of these responsibilities. All proposed
legislation must be thoroughly examined to achieve this and ensure that laws are just. Parliament must thus
discuss and amend them before they become law. The method by which this is accomplished is referred to as
the billing method (Study Smarter, n.d.).

Billing Process for a UK Act of Parliament

In the UK, a proposed bill must go through the billing process in both the House of Commons and the House of
Lords in order to become an Act of Parliament. Although they can commence in either house, most bills start in
the House of Commons. The procedure is the same for both Houses:
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  First Reading: read the proposed legislation; there will be no discussion
 Second Reading: despite debate, no changes are made to the bill
 Committee Stage: there are changes made to the measure
 Report Stage: alterations are reported to the appropriate House
 Third Reading: final discussions and adjustments are made

(Study Smarter, n.d.)

The bill then travels to the House of Lords (or vice versa) to go through the billing procedure after being
approved by the House of Commons. If amendments are made to the bill, the procedure will be repeated. It will
switch back and forth between the House of Commons and the House of Lords until both houses concur on the
amendments made, if they do not already. The law is then transmitted to the Crown for "royal assent" after
both houses have approved it. The monarch signs the measure at this point, completing the process and making
it a law (Study Smarter, n.d.).

Other parliamentary functions

Additionally, Parliament serves as a check on the government's executive branch ensuring that they respect the
law and don't misuse their authority. Therefore, Parliament participates in a procedure known as parliamentary
scrutiny. There are three main ways they accomplish this. First, through way of select committees that are
related to governmental agencies. They can also do this by asking specific ministers about the issue and seeking
either an oral or written answer (for example, through the prime minister's questions, a weekly Q&A in the
House of Commons). The last option is to participate in a House of Lords or House of Commons discussion
(Study Smarter, n.d.).

Providing ministers to serve as representatives in the cabinet and as members of the executive branch of the
government is another duty of the parliament. You must be seated in one of the Houses of Parliament in order
to serve as a minister. Last but not least, the UK parliament also has the duty of representing the people,
however only through the House of Commons, which is the elected chamber (Study Smarter, n.d.).

7. Explain the role of the Vietnamese Government in law making.

The Government of Vietnam has a significant role and obligation in the legislative process, just like many other
nations throughout the world. Over 95% of all legislation and ordinance projects have been mandated by the
government for preparation and submission to the National Assembly's Standing Committee for review and
approval (National Assembly Standing Committee). The Law on Promulgation of Legal Documents 2015 (Law on
Promulgation of Legal Documents 2015) specifies the role and duties of the Government in drafting and
submitting laws and ordinances to the National Assembly and Standing Committee of the National Assembly for
consideration and approval (Tổ chức nhà nước, 2018).

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The Socialist Republic of Vietnam's government is crucial to the development of the legal system. The Law on
Organization of the Government of 2015, in particular, sets forth the duties and authority of the government in
formulating policies and presenting projects for laws and ordinances, including:

- Propose and create strategies, master plans, plans, policies, and other projects and programs, and then submit
them for review and determination to the National Assembly and the National Assembly Standing Committee.

- To make decisions on strategies, master plans, plans, policies, and other initiatives and programs in accordance
with their expertise.

- To elaborate resolution projects for the Standing Committee of the National Assembly, resolution projects for
the National Assembly, and resolution projects for ordinances.

- To inform the National Assembly's Standing Committee of the National Assembly of the government's views on
proposed laws and ordinances from organizations, deputies, and agencies

(Thư Viện Pháp Luật, 2016)

8. Explain how the court applied statutory law and case law in justice court. Giving example of 1 precedent in
the UK court
Courts have more latitude under a case law system than under a statute law one. The Statute Law system has
an advantage over the Case Law system since statutes are inherently imperfect. All courts, however, make
rulings ex-post—after the majority of economic decisions have already been made. As a result, the benefit of
case law's flexibility is inextricably linked to the risk of time inconsistency. According to case law, courts may be
tempted to act myopically and disregard ex-ante welfare since doing so can result in additional trade benefits
for the parties who are now in court. The temptation to act myopically is balanced against the impact of a
court's decision on subsequent court decisions as a precedent (Luca Anderlini, 2008).

As case law develops, the temptation to ignore time consistency becomes stronger, and case law courts
eventually give in. Statute law, on the other hand, combines a predetermined (forward-looking) rule with a lack
of flexibility. This fixes the issue with the Case Law Courts' inconsistent use of time. We come to the conclusion
that the Case Law regime is best when the nature of the legal environment is sufficiently varied and/or changes
sufficiently frequently: flexibility is the primary concern. Likewise, when the legal landscape is sufficiently
uniform and/or does not change frequently, the Statute Law regime predominates: the capacity to resolve the
time-inconsistency issue is the key factor (Luca Anderlini, 2008).

After 30 days from the date of publication, case precedents are examined and utilized in court. To ensure that
cases with comparable legal issues are handled equitably, judges and jurors must research and utilize case
precedents before making a decision. In the event that the case presents a comparable legal issue but the Court
declines to apply precedent, the cause must be made abundantly plain in the Court's ruling or judgment. The
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number, name, and legal context of the precedent, as well as the legal circumstance, the legal resolution in the
precedent, and the legal context of the case being resolved, must be cited and examined in the case. Section
titled "Court Judgment". On a case-by-case basis, all or a portion of the case law's text may be quoted to the
Court's stance on similar cases when it decides and settles them (Thư Viện Pháp Luật, 2019).

Example of 1 precedent in the UK court: In the case of Donogue v. Stevenson, the plaintiff sued the defendant
after a friend of hers purchased a drink from the defendant. This is an illustration of an original precedent.
Plaintiff was unwell after drinking the decomposing snail-containing beverage. The House of Lords ruled that
although if the consumers did not have a contract with the producers, the manufacturer was nevertheless
accountable (had a duty of care) to them (Law Teacher, 2021).

A decision made by a lower court can be overturned by a higher court, and the later, binding decision will be
replaced by the higher court's decision. Jersey v. Holley [2005] PC, for instance, overturns Smith, R v. (Morgan)
[1998] CA. In Smith, R v (Morgan) [1998] CA, Morgan Smith killed James V, his roommate, after the two of them
argued about some stolen tools. The accused claimed that he was provoked to kill his roommate and had no
malice. He was nevertheless still accused with manslaughter. Jersey v. Holley [2005] nonetheless, reversed the
decision in this case. He killed his girlfriend, the defendant. Both of them were alcoholics, and the accused said
he was provoked. The jury considered the defendant's traits and ultimately determined that the defendant had
lost control of himself, clearing him of all counts. Some courts have the freedom to independently decide
because they are constrained by their own judgment. The relevant facts in the question are similar to those that
the Court of Appeal decided in 2009. Due to the High Court's inferior status to the Court of Appeals, Mr. Justice
Peter has no other option but to abide by the preceding Court of Appeal's final, conclusive ruling. The Malaysian
judicial system is closely tied to the precedent system. Given that the Court of Appeal is situated above the High
Court in Malaysia's judicial hierarchy, the High Court judge is required to abide by the Court of Appeal's ruling
(Law Teacher, 2021).

9. Evaluate the effectiveness of the legal system in terms of recent reform and developments of Vietnamese
Enterprise law 2020
The 2020 Law on Enterprises offers required and timely adjustments and supplements, making it easier for
enterprises and investors as well as state management agencies to navigate even though there are no ground-
breaking or historic changes. In order to increase knowledge of and aid in improving the efficacy of enforcement
for this form of company, the author of this essay exclusively explains and clarifies the new fundamental laws on
joint-stock companies of the 2020 Enterprise Law (Vietnam Law and Legal Forum, 2021).

These two laws were replaced in 1999 by Vietnam's first-ever Enterprise Law, which established a uniform legal
framework for all types of businesses. The Enterprise Law has seen three revisions since then, in 2005, 2014,
and 2020 every single time the. The updated Enterprise Law demonstrates an important reform in commercial
13
institutions, reflecting changes in great business and economic development as a result of economic thought.
The most recent law governing how enterprises are run in Vietnam is called the Enterprise Law 2020. The
Enterprise Law of 2014 is replaced by this law, which was approved by the National Assembly on June 17, 2020,
and goes into effect on January 1, 2021. The Enterprise Law 2020 makes a number of novel and useful ideas that
good business conditions establishment, administration, and growth of businesses, while defending the
interests of parties that are related (Vietnam Law and Legal Forum, 2021).

11. Conclusion
As a result, the author of this paper has provided an introduction to the legal systems in Vietnam and the UK as
well as to written and case law. In the two nations described above, the article also highlights the part played by
the administration and parliament in enacting laws. To further explain how the laws issued in written laws and
case precedents should be applied, certain specific examples and case precedents are provided.

References

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