Session 1: Origin of States

I/ Origin of States and law

1. Origin of States: Marxism and Leninism
Công xã nguyên thủy Chiếm hữu nô lệ Xã hội phong kiến Tư bản Xã hội chủ nghĩa

Primitive Slave Feudal Capitalist Socialist

community Possession Period Period Period WHAT
1. WHEN? X ✓ ✓ ✓ X NEXT?
2. WHO? Chủ nô Địa chủ giai cấp tư bản

Upper class Slave owners Land-owners Bougeoisie

3. WHY?
Class division X ✓ ✓ ✓ X
Slave owners Land-owners Bougeoisie

Slaves Farmers/ Workers/

Giai cấp vô sản
Peasants Proletariat
Private
ownership X ✓ ✓ ✓ X
The rich vs the poor 6
The rich is rich because they own the production materials. The state is established because the rich fears that the poor will take its property.
I/ Origin of States and law
1. Origin of States: Marxism and Leninism
Reasons for State Formation
Primitive community/ classless society

Class society State

3 times of specializations

7
 lOMoARcPSD|31234124

Session 1: Origin of States and Law

I. Origin of states : Marxism and Leninism
Primitive Slave Feudal Capitalist Socialist
communit Possessio Period Period
y n
1. When X ✓ X
2. Who X Slave Bougeoisie Land- X
(upper class) owners ( giai cấp owners
tư sản)
3. Why X Slave Land- Bougeoisie X
(Private owners owners VS
ownership  VS VS Workers/
Class Slaves Farmers/ Proletariat
division) Peasants ( giai cấp
( tá điền) vô sản)
The rich VS the poor
 Reasons for State Formation
Primitive community  Class society  State
( Classless society) ( 3 times of specializations)
- Lần 1 : Chăn nuôi tách khỏi trồng trọt và hình thành một
ngành kinh tế độc lập ( Labourers)
- Lần 2: Thủ công nghiệp tách khỏi công nghiệp ( Labour
tools)
- Lần 3: Thương nghiệp xuất hiện trước nhu cầu trao đổi và
sản suất hàng hóa ( Labour method)
 What is a State ?

Downloaded by Th? Thùy D??ng Hoàng (hoangthithuyduong7e.td@gmail.com)

 What is a State?
• Special political organization
• Protecting the rights and interests of the
ruling classes
• Maintaining the stability of the society
• Having enforcement power

9
 Powers of a state

Legislative Executive Judicial

power power power
Quyền hành pháp Quyền tư pháp (xét xử)
Quyền lập pháp

Power to make Power to Power to

law administer law enforce law

Legislature Executive Judiciary

Cơ quan lập pháp

National Quốc hội Government Chính phủ Court Thẩm phán, bồi thẩm đoàn
Assembly Administration Chính phủ của US Prosecution Công tố viên - Hàn Quốc
Parliament Cabinet Chính phủ của UK
Congress -in US etc.
National Diet -In Japan
etc. 11
Legislation: văn bản pháp luật
 States protect the rights and
interests of the ruling classes
- What?
- Politics
- Economy
- Social rights and interests (e.g.: religion,
culture, etc.)
- How?
- State bodies
- State powers
 Tính chất của states

Essence of a State
• Class- conscious face Tính giai cấp

– What? The oppression/suppression of the

ruling class over the ruled class
• Exercise: What is the class-conscious face of
states?
– In the slave possession period? Chủ nô áp bức nô lệ.

– In the feudal period?

– In the capitalist period?
– How? means of violence and non-violence
• Social face tính xã hội

– What? Taking care of rights and interests of

other classes
13
– How?
 Essence of a State
Tax Provision of
imposition subsidies/grants Truyền bá tư tưởng tốt đẹp

and collection to the poor Dissemination

Provision of favourable
of Class- thoughts/philos
free/low- Social face ophies/theories
cost social
conscious
insurance, face Support for
utilities Suppression Dominance of certain
over political the ruling religions
demonstrations/ class in the
opponents ruling party
Session 2: Origin of Law
I/ Origin of States and law (cont.)‫‏‬
2. Origin of Law

Primitive community: customs and usage

Class society State Law

4
 I. What is law?

Laws are legally enforceable rules

made by authorities within a society.

True or False?
“All rules are law but not all laws are rules”
All laws are rules

5
 1 2
Non-legal Rules or Laws? And why?
1. Family Household rules 1
2. Class rules 1
3. Game rules (We-the Icebreakers) 1
4. Soccer Rules 1
5. Road transportation rules 2
6. Contract rules 2
7. Marriage rules 2
 What‫‏‬is‫‏‬law’s‫‏‬essence?
Laws are wills of ruling classes and
essence
determined by material conditions of a society
Laws Superstructure State A State B
(State, law,
politics, culture,
religion, etc.)
Lawt1 ≠ LAWB
≠‫‏‬
Lawt2
determines
cause

Điều kiện của đất nước sẽ quyết định cách làm luật
Cơ sở hạ tầng quyết định kiến trúc thượng tầng

Material
conditions Base
(Economy)
Vật chất quyết định ý thức

7
 Legal Evolution: A Case-study
Changes in
taxable income Changes
threshold in Law

≡
Changes in CPI Changes in
Economy

Source: https://tuoitre.vn/tu-1-7-thu-nhap-tren-11-trieu-moi-phai-nop-thue-20200604162402771.htm

Source: https://nhandan.vn/nhan-dinh/thong-diep-tu-dieu-chinh-thue-thu-nhap-ca-nhan-457126/
 Cross-country Legal Differences:
A case study

Source: https://tuoitre.vn/tu-1-7-thu-nhap-tren-11-trieu-moi-phai-nop-thue-20200604162402771.htm
 Puzzles
It is dynamic because with different
• Is the law static or dynamic? material conditions in different period,
the law will be different.

• Are changes Yes,

in because
law changes
predictable and
in law often happens after the changes in economy.
explainable? And the changes in eco are seeable so the changes in law can be
predictable
• To which is the law development attributed?
The issues in society contribute to the the law development.
 Session 3

Styles, Forms and Functions of States

 Exercise
Criteria Types USA CAN UK FRA DEU RUS JPN CHN VNM AUS NZL

Slave
possession
style

Styles Feudal
of style
states Capitalist
style
Socialist
style
Ruling Monarchy
forms Republic
Unitary
Struct states
ural
Federatio
forms
n

How to know? → State Titles and/or Constitution

 Styles of States
• What?
– Denoting groups of states with the same
class-conscious face
• How many?
–4
• Slave-possession style of states
• Feudal style of states
• Capitalist style of states
• Socialist style of states
• E.g.
 I/ Origin of States and law
1. Origin of States: Marxism and Leninism
Socialist Period
Primitive Slave Feudal Capitalist Transitional
community Possession Period Period Period

1. WHEN? ✓ ✓ ✓ ✓
2. WHO?
Upper class

3. STATE
X Slave owners Land-owners Bougeoisie Proletariat

Slave owners Land-owners Bougeoisie Proletariat

X
ESSENCE oppress oppress oppress oppress
Class-
conscious face Slaves Peasants Proletariat Bougeoisie
Style 1

Style 2

Style 3

Style 4
5
 Forms of States
• What?
– Forms in which state powers are
allocated/designated
• Types
– Ruling form
– Structural form
 Ruling Form v Structural Form
State Forms
Criteria
Ruling form Structural form
≡ Forms of states → Forms in which state powers are allocated
≠
What? Form in which state powers Form in which state powers
are allocated/divided among are allocated/divided among
various state various state territories
bodies/individuals

Types - Monarchy quân chủ (có vua) - Unitary Nhà nước thống nhất
- Republic Cộng hòa - Federation Liên bang
 lOMoARcPSD|31234124

Criteria MONARCHY REPUBLIC

E.g. UK, CAN, JPN, AUS, US, FRA, DEU, RUS, VNM,
NZL CHN
Similarities Form in which state powers are allocated/divided among
various state
bodies/individuals
Dissimilari
ties
What? A ruling form of a state A ruling form of a state in
in which an individual/a which state powers are
monarch is the head of designated/ allocated to state
the state for life (with bodies elected by citizens
except.)
Head of The monarch Depending on Constitutions:
State
(King, Queen, Pharaoh, - President (US, FRA, DEU,
Emperor, etc.) RUS)
- President (VNM, CHN)
How to Proximity of Election/Voting
elect
Head of blood/Kinship
State?
How to - 100% Depending on Constitutions:
allocate
powers? - 0 < …. < 100% - Legislative power
How much
power ≈ 0 (symbolic) (0 - Executive power
the Head of
State → why not?)
has?
Variants Absolute Monarchy ( quân Aristocratic Republic ( cộng
chủ chuyển chế) hòa quý tộc)

Downloaded by Th? Thùy D??ng Hoàng (hoangthithuyduong7e.td@gmail.com)

 lOMoARcPSD|31234124

Constitutional Monarchy Democratic Republic:

( quân chủ lập hiến) + Presidental
+ Dualistic + Parliamentary
+ Parliamentarism + People deocratic ( CH dân
chủ nhân dân)

State Structures
Federal States Unitary States
Criteria

E.g. UK, DEU, AUS, US, IND, RUS NZ, VN, CHN ,CAN,FRA
Similarities States/Nations → 3 powers of states

Dissimilarities Structural forms → How a state is organized

territorially
What? Nations whose Nations whose
territories are divided territories are united
in ≥ 2 states into 1 single state
No. of states ≥2 0 1

No. of levels of 2 levels 2 levels

governments - 1 federal gov. - 1 central gov.
- ≥ 2 state gov.s - ≥ 2 municipal gov.s
No. of legal ≥3 1
systems - 1 federal legal system
- ≥ 2 state legal systems

Similarities: Forms in which state powers are allocated among various state
territories

Downloaded by Th? Thùy D??ng Hoàng (hoangthithuyduong7e.td@gmail.com)

 lOMoARcPSD|31234124

No. of ≥2 1 (with exception)

nationali
ties of - Fed. nationality
citizens
- State nationality

Downloaded by Th? Thùy D??ng Hoàng (hoangthithuyduong7e.td@gmail.com)

 lOMoARcPSD|31234124

Bộ máy điều hành Cơ quan tư pháp

Hạ nghị viện Thượng nghị viện Thống đốc toàn quyền

Hội đồng lập pháp

Downloaded by Th? Thùy D??ng Hoàng (hoangthithuyduong7e.td@gmail.com)

 2. Federal law v State Law
State Structures
Criteria
Federal Law State law
E.g. AUS federal law Law of New South Wales State
US federal law Law of Colorado State
What? Law created by the The law of a federated states, as
fed gov distinguished from the law of the
federation of which it is a part
Who makes? The congress The legislature.
How to make? By federal legislative By state legislative
procedure procedure
Territorial scope of In all states in the In one state
application country
In case of conflict, Federal law prevails, except
which prevails? -If state law affords more rights to
residents, state law is presumed to prevail
 Cases
A moving house company in Queensland in
Australia moved house for B and damaged B’s
furniture valued at AUD 1,000.
B sued the company for the damage but the
company based on Queensland law which stated
that “the maximum liability for moving house
companies is AUD 200”
The federal law said that “there is no maximum
liability for moving house companies”
the company has to pay B AUD 1000 because in the case of confict, the
federal law prevails.
Q: How much did the company have to pay B?
 lOMoARcPSD|31234124

Downloaded by Th? Thùy D??ng Hoàng (hoangthithuyduong7e.td@gmail.com)

 Functions of States
• Internal Functions Social/ Political functions
• External Functions How to treat with other countries, Have a friendly
relationship with China, US

How to make Federal law: Anyone elected to the congress can propose a new law. A bill is a proposal for a
new law. A bill will be researched, discussed, made changes and voted on. If the bill passes one body of
Congress, it goes to the other body to go through a similar process of research, discussion, changes, and
voting. If it passes, they present it to the president.
The president then considers the bill. The president can approve the bill and sign it into law or not approve a
bill.

How to make State law: Legislators write bills. Bills are then debated and voted on in a committee
hearing. To progress, the committee has to vote for it to move to the chamber floor. Once on the
chamber floor, there will be more debate. To continue, the bill must then be passed by the chamber.
The bill then “crosses over” to the opposing chamber. The bill is heard in a committee in the new
chamber. Then, if the committee passes the bill it goes to the chamber floor. If the second chamber
passes the bill, it goes to the Governor to either be signed into law or vetoed.
 Quizes
• Assuming that the US president is visiting
Vietnam, who is/are the Vietnamese
counterparts to welcome him?
– The Vietnamese President
– The Vietnamese PM
– The Vietnamese Socialist Political Party General
• What is the ruling form of Vietnam?
– Socialist state
– A republic
– A unitary state
• What is the structural form of the US?
– A capitalist state
– A republic
– A federation
 Session 4

Styles, Forms and Functions of Laws

 Exercise: Look at national laws!
Criteria Types USA CAN UK FRA DEU RUS JPN CHN VNM AUS NZL

Slave
possession
style
Feudal
Styles style
of laws
Capitalist
style
Socialist
style
Customar
y law
Forms
Statutory
of law law
Case law
 Styles of Laws
• What?
– Denoting a group of laws of the same essence
• How many?
–4
• Slave possession style of law
• Feudal style of law
• Capitalist style of law
• Socialist style of law
• E.g.
• What link between state styles and law styles?
– The style of a state informs the style of its law
– A state of a certain style has its law of the
corresponding style
 I/ Origin of States and law
1. Origin of Laws: Marxism and Leninism
Socialist Period
Primitive Slave Feudal Capitalist Transitional
community Possession Period Period Period

1. WHEN?
2. WHO?
States X ✓
Slave
possession
states
Style 1
✓
Feudal
states
✓
Capitalist
states
✓
Socialist
states X
Style 2

Style 3

Style 4
3. LAW
ESSENCE
Will of the Will of slave Will of land Will of Will of
ruling class owners owners bougeoisie proletariat
determine determine determine determine

determined by
material Material Material Material
Material
conditions
conditions of conditions conditions conditions
of slave of feudal of capitalist of
the society
possession society socialist 5
society
society society
 Forms of Law
• What?
– Answering the question of “Where to find to
the law?”
– So-called “sources of law”
• How many?
– Customary law
– Statutory law
– Case law
 lOMoARcPSD|31234124

Sources of
Law Customary Statutory
Law Case Law
Law
Criteria

≡ Sources of law (Where to find the law?) → Law

- Law Law made by judges as

What? Law made by the result of the doctrine of
originating in judicial precedent/ stare
customs legislature decisis
- Customs
recognized as
law
Other - Consuetudinary Statute law, statutes, Judge-made law;
law legislations Common law
general
- Unofficial law
names
E.g. - Constitutions Vietnamese case law
- Statutes/Acts/Laws

Who State Legislature Court/Judges

makes?

How to - Customs set Legislative procedure Following precedents/ stare

make? by at legislature decisis
community When creating statutory (to stand by things
society law, a legislative body decided)
first proposes a bill.The
- Recognition bill is then voted on by
by state as the entire legislative
body. If it does not pass,
law it can be amended and
then voted on again.

Downloaded by Th? Thùy D??ng Hoàng (hoangthithuyduong7e.td@gmail.com)

 Customary Law
Customary
Law
+ Recognition

???
Customs
+ Generality
+ Consistency

Practice
+ Repetition

???
Conducts
 UK Lawmaking Process

comments
Government/MP A proposal The public

introduce pass
A bill Parliament
+ Royal Assent

Act/Statute
Commencement
date

Effective Legislation
10
 Proposal
UK LEGISLATIVE
PROGRESS

Bill
Passed by two houses
+ Royal assent

Act/Statute Đạo luật

Publication in Gov. Gazette Công báo chính phủ

+ Commencement date

Effective Legislation
In VN, there is no Acr, Statute, only Laws
Need Commencement Date to: Notify the public; Time to be well-prepared
for complying with new rules
 VNM Legislative Procedure
Ở VN, Đại biểu quốc hội k
1. introduce A proposal
??? ??? có q đưa ra dự thảo luật
President/ National Assembly (NA)
Committee/ Gov./ Supreme
PPl's Court/ Prosecution, etc...

??? 2. planning Legislative 3. pass

National Assembly program Stakeholders,
Standing Committee Public
??? ???
National
Assembly
A bill
5.
4. introduce comments 6. pass
??? ???
President

7. ???
A Law promulgate
Ban hành
Commencement
date

??? An effective legislation 13

 Case Law
• Judicial precedent
– Principles of consistency
• What?
– Similar cases should be decided similarly/in the same
way
• Why needed?
– Consistency = important feature of a good decision-
making process
» A court’s decision is expected to be consistent (or at
least not unjustifiably inconsistent) with previous
decisions
» To provide opinion which parties and other can use
to direct their future relations
» To decide cases in accordance with existing rules
• Exceptions
– When? Solutions offered by a precedent not just due to
» Passage of time
» Changing circumstances
 Case Law

• Stare decisis
– What?
• “to stand by a decision”/ “let a decision stand”
– Click here for video on case law
 How to make case-law?
By JUDICIAL
induction PRECEDENT
By analogy
Adequate and reliable Legal LAW
reports of earlier decisions principle

A How to
Court’s Court’s Court’s Court’s proposition decide?
Decision Decision Decision Decision of law ???
1 2 3 … Form part of t
ratio decidendi
Earlier Earlier Earlier Earlier Later
case case case case Set of same case
1 2 3 … material facts N
(Same
material
Different sets of facts fact)
 Functions of Law
• Why is law needed?
– Regulation
– Prediction
– Stabilization
 Sessions 5&6

State and Law in Vietnam

 State and Law in Vietnam

1. State in Vietnam
- Style
- Forms
- Functions
2. Law in Vietnam
- Style
- Forms/Sources
- Functions
Exercise: Look at the state in Vietnam
Criteria Types VNM

Slave possession
style

Feudal style
Style of state
Capitalist style

Socialist style

Monarchy
Ruling form
Republic

Unitary state
Structural form
Federation

How to know? → State Titles and/or Constitution of Vietnam

 lOMoARcPSD|31234124

Session 5 & 6 : State and Law in Viet Nam

I. State in Vietnam

II. Law in Vietnam

Downloaded by Th? Thùy D??ng Hoàng (hoangthithuyduong7e.td@gmail.com)

 Exercise: Look at national laws
of Vietnam!
Criteria Types VNM

Slave possession
style

Feudal style
Style of law
Capitalist style

Socialist style

Customary law

Forms of law Statutory law

Case law
 lOMoARcPSD|31234124

Hiến pháp

Bộ luật,luật

Pháp lệnh

Nghị định

Thông tư Các Bộ (VD Bộ Y tế

Nghị quyết

Quyết định

The national assembly

The NA Standing Committee

Downloaded by Th? Thùy D??ng Hoàng (hoangthithuyduong7e.td@gmail.com)

 A Legal System
Civil Criminal Administrative etc.
Branches
Law Law Law
Sub- Ownership Obligations Contract Tort law Labour Etc.
Branches law law

Regimes Property … … …
chánh thể

Legal Norms
… … … … …
 What is a legal norm?
SOCIAL Types Social Legal
NORMS Criteria Norms Norms
Similarities Norms (on individuals’
- Ethical norms/Ethics conducts/behaviours)
- Religious norms
- Etc. Dissimilarities
- (Governing) Various Legal rules/
rules rules Law
- E.g.

LEGAL
NORMS
- Labour relations
- Business law
- Marital relations
- Family relations
- Etc.
14
 lOMoARcPSD|31234124

Giải thích

III. LEGAL NORM ( QUY PHẠM PHÁP LUẬT)

 What : Smallest component/unit of the legal system
 Where to find: stated in the legislation
 What components:
- Assumption: Giả định
- Regulation: Quy định
- Sanction: Chế tài
Social Norms Legal Norms
Similarities Norms ( on individuals’ conducts/ behaviours)
Dissimilarities
(Governing) rules Various rules Legal rules/ Law
E.g - Labour relations - Ethical norms/Ethics
- Business Law - Religious norms
- Marital relations
- Family relations
Components Assumption Regulation Sanction

Downloaded by Th? Thùy D??ng Hoàng (hoangthithuyduong7e.td@gmail.com)

 lOMoARcPSD|31234124

Criteria Assumption Regulation Sanction

Similarity Part of a legal norm

Dissimilarity
What? Part of a legal Part of a legal Part of a legal
norm assuming a norm stipulating/ norm
hypothetical Regulating a indicating
situation that can mandatory sanctions/
happen in reality course of remedies
and be governed actions that available in
by the legal norm must be case of
followed by violation of
parties once legal
Answering the being in the obligation(s)/
questions of hypothetical regulations
who/what; in situation
which situation (assumed in the
assumption part)
E.g.

Downloaded by Th? Thùy D??ng Hoàng (hoangthithuyduong7e.td@gmail.com)

 lOMoARcPSD|31234124

• Property being the object of the usufruct (assumption 1) right

must be returned to the owner upon termination of the usufruct
right (sanction), unless otherwise agreed or provided by
law(assumption 2)
• If an abandoned child whose his biological parents have not
been identified is adopted ( Assumption 1), the ethnicity of the
child ( Assumption 2) is determined ( Regiulation) according to
the ethnicity of his or her adoptive father or adoptive mother as
agreed between the adoptive father and the adoptive mother
( Art 29, sec 2, Chapter III, Part 1, Civil Code 2015)

 If the use of an image violates the regulation prediscribed in

this article (assumption 1), the image’s owner ( assumption 2)
has the right to request a court to issue a decision( sanction)
that compel the violator or relevant entities to revoke, destroy

Downloaded by Th? Thùy D??ng Hoàng (hoangthithuyduong7e.td@gmail.com)

 lOMoARcPSD|31234124

or terrminate ( sanction 1: : specific performances/ injunction)

the use of the image, compensate ( sanction 2: damages ( chế
tài bồi thường) for damamage and adopt others measures as
prediscribe in law ( sanction 3)
( Art 32, Sec 2, CC 015)
 If a piece of information ( assumption1.1) adversely affecting
( assumption 1.2) to the honor, dignity and prestige of a person
is posted on a means of mass media, that piece of information
( assumption 2) shall be removed or rectified by that kind of
mean ( sanction: rectification : sự cải chính) ( Art 32, Sec 3)

IN EVERY LEGAL NORMS, ASSUMPTION IS A MUST-

PRESENT PART AS IT DECIDES WHEN THE
REGULATION OR SANCTION ( regulation and sanction
are pickable) CAN BE APPLIED

IV. Legal Relations

Downloaded by Th? Thùy D??ng Hoàng (hoangthithuyduong7e.td@gmail.com)

 lOMoARcPSD|31234124

Quan hệ pháp luật

rights and
obligations

benefits aimed

Types Social Relations Legal Relations

Criteria

Similarities - Social relations (i.e. relations among

persons
- There are 2 types of persons: legal
person ( pháp nhân) and natural person
Dissimilarities
- (Governing) Various rules Legal rules/ Law
rules
- E.g.: Relationship such as Relationship such as the
friendship, boss and seller and the purchaser
worker citizenship, adoption,
 Example:

Subjects Contents Objects

Downloaded by Th? Thùy D??ng Hoàng (hoangthithuyduong7e.td@gmail.com)

 What is a legal relation?
SOCIAL Types Social Legal
RELATIONS Criteria Relations Relations
Similarities Social relations (i.e.
- Friendship relations among
- Courtship/Mateship persons
- Kinship
- Colleagues Dissimilarities
- Etc.
- (Governing) Various Legal rules/
rules rules Law
- E.g.
LEGAL
RELATIONS
- Labour relations
- Business law
- Marital relations
- Family relations
- Etc.
19
 lOMoARcPSD|31234124

Chủ thể
Quan hệ Marital
Rights of spouses Spiritual benefits
hôn nhân Spouses
relations
Vợ chồng Material benefits
Obligations of spouses

Rights and obligations of Labour

Employer(s) employer(s) (towards the
Quan hệ Labour employee(s))
lao động Salaries and/or
relations Employee(s) Rights and obligations of the financial and
non- financial
employee(s) (towards the
employer(s)) benefits
(fringe
benefits;
promotion,
etc.)
Rights and obligations Goods/
Buyer(s)
Hợp đồng Sales of
of the buyer(s) Commodities
mua bán goods Seller(s)
contracts (Payment of)
Rights and obligations
of the seller(s) price

Subjects Contents Objects

Parties (to the Rights and Benefits

What? legal relations) obligations of parties aimed at by
in connection to the parties (to
object the relation)
Individual(s) Rights of Obligations Property/ies
parties/ of parties/
subjects in

Downloaded by Th? Thùy D??ng Hoàng (hoangthithuyduong7e.td@gmail.com)

 lOMoARcPSD|31234124

Organizations(s) connection subjects in Conduct(s)

Types with the connection
State(s) objects with the Non-
objects conduct(s)

V. Legal Events (Sự kiện pháp lý

Example:

How to How to How to

establish? modify? terminate?
Marital Marriage Domestic Divorce/Death
relations registration arrangements
Đky kết hôn
Labour Labour contract Labour contract Labour
relations conclusion
amendment contract
termination/
Death/
Bankruptcy/

Dissolution
Sales of Entering into Contract Contract
goods modification fulfilment/
contracts/

Downloaded by Th? Thùy D??ng Hoàng (hoangthithuyduong7e.td@gmail.com)

 lOMoARcPSD|31234124

contracts contractual Termination

conclusion
 What?
- Events of which the happening
+ stablish and/or
+ modify and/or
+ terminate
legal relations
 Which one is broader: Events is broader than legal events

 What types?
- Based on legal consequences
+ Legal events establishing legal relations
+ Legal events modifying legal relations
+ Legal events terminating legal relations
- Based on the way in which a legal event
occurs
+ Legal incidents
– What? Legal events
happening beyond intentions
of parties to/subjects of legal
relations
– E.g.: death; force majeure; acts of god…
+ Legal actions
– What? Legal events
happening on purpose of
parties to/subjects of legal
relations

Downloaded by Th? Thùy D??ng Hoàng (hoangthithuyduong7e.td@gmail.com)

 lOMoARcPSD|31234124

– E.g.: marriage registration; contract

conclusion…
+ Other legal events
– What?
– E.g.: Court decisions

Session 7: Types of Law

1. National Law VS. International Law
National Law International law

Similarities Law → Definition of Law applies

Dissimilarities

- Names Domestic Law Law of the Nations

Municipal Law
- Makers Every single state ≥ 2 States
(National law → nation (International
→ state) Law
→ International
→ inter-national

Downloaded by Th? Thùy D??ng Hoàng (hoangthithuyduong7e.td@gmail.com)

 lOMoARcPSD|31234124

→ among nations
→ among States
- E.g. National Law of International Trade Law
Vietnam International Financial
Law
National Law of the US
National Law of the UK International Investment
Law
National Law of Canada
National Law of AUS International Health Law
International Environment
Law
- Spatial Within state territory Among states
scope of
application Exception: extra-
territoriality

2. Substantive Law VS Procedural Law

Downloaded by Th? Thùy D??ng Hoàng (hoangthithuyduong7e.td@gmail.com)

1. What is national law?
a. Vietnamese law With Vn ppl, Vnese law
is national law
b. UK law
c. US law
2. From the perspective of the UK, what is
national law?
a. Vietnamese law International law
b. UK law
c. UK-Vietnam Free Trade Agreement International law

3. From the perspective of the UK, what is

international law?
a. Vietnamese law
b. UK law
c. UK-Vietnam Free Trade Agreement
 What is international law?
• Inter-national law
• Inter- (prefix): between/among
– Inter-continental
– Inter-regional
– Inter-action
– Inter-national
– Inter-link
– Inter-net
 International Law
Public International Law

Nation X Nation Y

A B

Private International Law

7
2. Substantive v. Procedural Law
Assumption
“Where a seller delivers
property in a quantity which is
more than that agreed, the
purchaser has the
right to accept or not to accept
the excess” Regulation Substantive
Assumption
“A purchaser must pay the full
price at the agreed place and
time” Regulation
Substantive
Assumption

“The time-limit within which a

request may be made to a court Procedural
to declare a civil transaction
invalid […] shall be two years
[…]” Regulation
 lOMoARcPSD|31234124

Substantive Procedural law

Law
Similarities Law → Definition of Law applies
Dissimilarities
Subject- Create, define, and regulate: Define the procedures/
matters/ - (Legal) rights and methods by which to
Contents obtain a remedy in a
- (Legal) obligations
court
E.g. Law of sale contracts Rules on dispute
(defining the rights and settlement
obligations (e.g. means of DS)
of the buyer and the seller)
“Where a seller delivers Statutory Limitations
property in a quantity
which is more than that “The time-limit within
agreed, the purchaser has which a request may be
the made to a court to
declare a civil
right to accept or not to transaction invalid […]
accept the shall be two years
excess” […]”
→ Right of the buyer

“A purchaser must pay the Jurisdiction of courts

full price at the agreed ( thẩm quyền của tòa án)
place and time”
Interim measures ( biện
→ Obligation of the buyer pháp khẩn cấp tạm thời)

Downloaded by Th? Thùy D??ng Hoàng (hoangthithuyduong7e.td@gmail.com)

 3. Public Law v Private Law
- Constitutional law 1

- Administrative law 1 Public Law 1

- Criminal law 1
or
- Commercial law
- Family law Private Law 2

- Property law 2

- Law of succession
- Labour law
 lOMoARcPSD|31234124

3. Public Law VS. Private Law

Public Law Private Law

Similarities Law → Definition of Law applies

Dissimilarities
Subjec- Regulating the Regulating the
matters organization of relations among
Contents government and with persons and
its relations to the organizations
people

Subjects - Public - Private actors

actors/STATE - State – Public
Parties to
relations - (Private actors) (if actor) (if
relevant)
relevant)
Private actor 
Public actor  Private/ Public
Public/Private actor
actor
E.g. - Constitutional law - Civil law
- Commercial law
- Administrative law - Family law
- Criminal law - Property law
- Law of succession
- Labour law
- Etc.

Downloaded by Th? Thùy D??ng Hoàng (hoangthithuyduong7e.td@gmail.com)

 lOMoARcPSD|31234124

4. Criminal Law VS. Civil Law

Civil Law Criminal Law

Similarities Law → Definition of Law applies

Dissimilarities
Subject- Controls the actions Crime is an
matters/ between individuals offence against the
and or business society even
Contents organizations though only one
person may suffer

Aim Compensate a Punish the criminal

person who has and money is paid to
suffered a loss by the state, not the
receiving money. victim
This is known as
damages

Civil Law Criminal Law

Dissimilarities

Downloaded by Th? Thùy D??ng Hoàng (hoangthithuyduong7e.td@gmail.com)

 lOMoARcPSD|31234124

Disputants At first-instance courts: Prosecution/Prosecutor

- Plaintiff/ Claimant: the Accused
person who complains
or brings an action
asking the court for
relief
- Defendant/Respondent:
the person against
whom a civil action is
brought or who is
prosecuted for a
criminal offence
- Cross-plaintiff
- Cross-defendant

At appeal courts:
- Appellant
- Appellee

Civil Law Criminal

Law
Dissimilarities
Burden of Falls on the Plaintif Falls on the
Proof

Downloaded by Th? Thùy D??ng Hoàng (hoangthithuyduong7e.td@gmail.com)

 lOMoARcPSD|31234124

(Who has to Prosecution

prove?)
Standard of Balance of Beyond Reasonable
Proof Probabilities doubt
(How much 51%-49% 99.99%-0.01%
evidence is Preponderance of
sufficient to the evidence
win a lawsuit
Verdict Proven or Not Guilty or Not
Proven Guilty
Remedies Damages Also called
punishments/pena
Injunctions lties

Specific - Fines
performance - Imprisonment
Rescission (th hủy hợp
đồng->Đưa hợp đồng về - Death sentence
ban đầu

Downloaded by Th? Thùy D??ng Hoàng (hoangthithuyduong7e.td@gmail.com)

Legal Names of Disputing Parties
• Claimant
– Who? the person who complains or brings an
action asking the court for relief
– Also called ‘the plaintiff’
• Defendant
– Who? the person against whom a civil action
is brought or who is prosecuted for a criminal
offence Also called Respondent
 Plaintiff
Civil or Criminal Cases?
Defendant

1. Penny sues Desmon for

breach of contract asking
for and obtaining
damages of £10,000. Remedies Criminal Law
The acused
2. Agatha is being
prosecuted for an offence.
She thinks that she cannot be
sentenced to more than six
months imprisonment or fined Civil Law
more than £5,000. Remedies
3. Forced Marriage
(click here for the video)
 Civil or Criminal Cases?
A moving house company in Queensland in
Australia moved house for B and damaged B’s
furniture valued at AUD 1,000.
B sued the company for the damage but the
company based on Queensland law which stated
that “the maximum liability for moving house
companies is AUD 200”
Civil Cases
Exercise:
1.Penny sues Desmon for breach of contract asking for and obtaining damages of £10,000
-> plaintiff (nguyên đơn): Penny; defendant (bị đơn): Desmon
-> remedies: Desmon have to pay Penny £10,000 if the verdict approves Penny’s demand for
compensation

2. Agatha is being prosecuted for an offense. She thinks that she cannot be sentenced to more
than six months imprisonment or fined more than £5,000
-> defendant: Agatha
-> remedies: unknown

3. Forced marriage: Aisha’s mom called relatives in Pakistan to plan a family holiday while Aisha’s
aunt in Pakistan has other plans: hold a wedding for Aisha when she didn’t want to. Aisha’s parents
comply with their relatives. Aisha went back to the UK, called a helpline, they helped her run away
for safety
-> plaintiff: Aisha, defendant: Aisha’s parents (who agreed to her forced marriage) & relatives (who
planned her forced marriage)
2014: forced marriage became a criminal offense in England & Wales
-> remedies: a prison sentence of up to 7 years

Exercise:
A moving house company in Queensland in Australia moved house for B and damaged B’s
furniture valued at AUD 1000
B sued the company for the damage but the company based on Queensland law which stated that
“the maximum liability for moving house companies is AUD 200
-> plaintiff: B
-> defendant: the moving house company
-> remedies: that company have to pay B AUD 200 according to the Queensland law
 Exercise: Civil or criminal law?
and Why?
1) An armed team broke into the bank; Criminal law
2) A works for a confectionery company and
the company failed to pay him salary for 2
months; Civil
3) A has his house for foreigner rent; Civil law
4) A killed B for money; Criminal
5) While driving the car beyond speed limits,
A crashed into B and made him injured; Criminal
6) A married couple wanted to divorce Civil
7) A seller failed to deliver goods on time to
his buyer Civil
 Exercise: Civil or criminal law?
and Why? (cont.)
8) A customer got poisoned after having
lunch in a restaurant; Civil
9) Disagreeing with each other on how to
share the house left by a father, the two
brothers fought each other until death; Criminal
10) Being much impressed by huge profits,
A involved in trafficking heroine; Criminal
11) A involved in trafficking newly born
babies abroad; Criminal

12) A company makes his drinking products

having labels easy to confused with Lavie Civil
 Types of Laws Public Private Substantive Procedural Civil Criminal
Case Law Law Law Law Law Law

A claim for non-

payment of a debt
worth $5000

A claim for personal

injury from a motor
accident for
approximately $130
000
A dispute between a
citizen and the federal
tax commissioner
A constitutional
dispute between
states in Australia

A murder charge
Parties negotiate to
settle their disputes
A court dismisses a
case for the lack of
jurisdiction
 CHAPTER 2

Civil Law in Vietnam

1
1) Objects of Regulation of Civil Law
• Civil Relations (Art. 4.1)
– What? (Art. 1) RELATIONS established on the BASIS of
• Equality Trên cơ sở bình đẳng, tự do ý chí, độc lập về tài sản, tự
• Freedom of will chịu trách nhiệm
• Independence of property
• Self-responsibility
– E.g.
• Civil Relations
• Marriage and Family Relations
• Business and Trade Relations
• Labour Relations
• Inherence Relations
– Types of civil relations
• Property relations
• Person (identity) relations

5
1) Objects of Regulation of Civil Law
Property Relations Personal Identity Relations
- Definition - Definition

Property Personal Identity Values

Party Party Party Party

- E.g. - E.g.
• Sales of goods contracts •Relations relating to personal
rights (Art. 25→39)
• Labour contracts

- Features - Features
•Property moveable from
party to party •Personal Identity Values normally
immoveable from party to party
•With monetary nature •Without monetary nature
1) Objects of Regulation of Civil Law
Property Relations Personal Identity Relations
- E.g. 1: sales of goods - E.g. of Personal Identity Values
contracts
Goods Right to marriage
Seller Buyer Husband Wife
Click here for the video
$$$

- E.g. 2: labour contracts

Right to image
Celebrity Showman
Labour Click here for the video
Employee Employer
$$$
 2) Methodology
• Equality
• Freedom of will
• Independence of property
• Self-responsibility

8
-Independence of property is the basis creating equality in relations. Bởi các quan hệ tài sản
mà civil law điều chỉnh mang tính chất hàng hóa – tiền tệ và đền bù tương đương là đặc trưng
khi trao đổi. Nếu không độc lập về tài sản và bình đẳng về địa vị pháp lí thì sẽ không tạo ra sự
đền bù tương đương.
VD: Nếu vợ chồng tặng cho nhau tài sản trong thời kì hôn nhân mà nguồn gốc tài sản tặng cho
có được từ tài sản chung thì quan hệ tặng cho đó chủ yếu mang màu sắc tình cảm, chứ không
làm dịch chuyển quyền sở hữu sang cho người được tặng cho vì khi xác lập quan hệ tặng cho
này không có sự độc lập về tài sản giữa vợ và chồng.

Free of will: khi tham gia vào các quan hệ tài sản, mỗi chủ thể đều đặt ra những mục đích và
động cơ nhất định. Tuy nhiên, việc tự định đoạt của các chủ thể khi tham gia vào các quan hệ
không đồng nghĩa với việc tự do, tùy tiện trong việc tạo lập, thay đổi, chấm dứt các quan hệ đó.
Điều 3 BLDS năm 2015: “Việc xác lập, thực hiện quyền, nghĩa vụ dân sự không được xâm phạm
đến lợi ích của Nhà nước, lợi ích công cộng, quyển, lợi ích hợp pháp của người khác”. Trong
một số trường hợp, nhằm bảo vệ quyền lợi của một số chủ thể nhất định, pháp luật đã hạn chế
quyền tự định đoạt đó (như quy định về người được hưởng di sản không phụ thuộc nội dung của
di chúc: Để đảm bảo quyền và lợi ích của những người có mối quan hệ ruột thịt với người để lại
di chúc, Điều 644 Bộ luật dân sự 2015 đã có những quy định về các trường hợp dù không có tên
trong di chúc nhưng vẫn được hưởng thừa kế bao gồm những người như sau:
•Con chưa thành niên, cha, mẹ, vợ, chồng;
•Con thành niên mà không có khả năng lao động.
Đối với các đối tượng nêu trên, kể cả trong trường hợp người có di sản thừa kế không để lại di
sản thừa kế cho họ trong di chúc thì họ vẫn có quyền được hưởng 2/3 của một suất thừa kế theo
pháp luật.

-Xuất phát từ sự bình đẳng giữa các chủ thể, quyền tự định đoạt của họ khi tham gia các quan
hệ dân sự, đặc trưng của phương pháp giải quyết các tranh chấp dân sự là hòa giải -> việc giải
quyết các tranh chấp dân sự do các bên tự thoả thuận. Nếu không thể thoả thuận hoặc hoà giải
được, toà án chỉ giải quyết trong phạm vi yêu cầu của nguyên đơn
 3) Principles
• Principle of Equality
• Principle of Freedom and Voluntariness
• Principle of Goodwill and Honesty
• Principle of Non-violation of Interests (of
the Nation, the Public and of other
persons)
• Principle of Self-Liability
(Art. 3, Civil Code 2015)
9
 3) Principles
Watch the following videos and identify which
methodology/principles of Civil law are at risk? (Click on
the following link for the relevant materials!!!)

A video of a loan shark

An article on a loan shark

A video of marriage of convenience

10
An article on marriage of convenience
 lOMoARcPSD|31234124

Exercise 1:
- Loan shark: the principle of non-violation of interests of relevant parties, the principle of
goodwill and honesty, freedom of will and voluntariness
- Marriage of convenience: freedom of will and voluntariness, principle of goodwill and
honesty
Exercise 2:

Principles Equality Freedom of will and Goodwill and Non-violation Self-liability

Criteria voluntariness Honesty of Interests of
Relevant Parties

Legal basis Article 3.1: Article 3.4:

Article 3.2: Each Article 3.3: Each Article 3.5:
Every person The establishment,
person establishes, person must Each person
shall be equal exercise and
exercises/fulfills, and establish, shall be liable
in civil
terminates his/her civil exercise/ fulfill, or termination of for his/her
relations, may
rights and obligations terminate his/her civil rights and/or failure to
not use any
on the basis of freely civil rights and/or fulfill or the
reason for obligations may
and voluntarily obligations in the incorrect
unequal not infringe
entering into principle of fulfillment of
treatment to national interests,
commitments and/or goodwill and any such civil
others, and
agreements. Each honesty. pubic interests, obligations.
enjoy the
commitment or lawful rights and
same
agreement that does not
protection interests of other
violate regulations of
policies of persons.
law and is not contrary
law regarding
to social ethics shall be
moral rights
bound by contracting
and economic
parties and must be
rights.
respected by other
entities.

What Every person Establishment, Establishment, The establishment, Each person

shall be equal exercise/fulfillment and exercise/fulfillment exercise and shall be liable
and enjoy the termination of civil and termination of termination of for his/her
same rights and obligations civil rights and civil rights and failure to fulfill
protection based on freedom and obligations based obligations may or the incorrect
policies of voluntariness on goodwill and not infringe fulfillment of
law regarding honesty national interests, any such civil
moral rights public interests, obligations
No use of any lawful rights and
reason for interests of other
unequal persons
treatment

Example pupils to be Contract for sales of The Duty of Good National interest Liability v
treated illegal Faith and Public interest obligation
equally,

Downloaded by Th? Thùy D??ng Hoàng (hoangthithuyduong7e.td@gmail.com)

 lOMoARcPSD|31234124

receiving, for drugs/weapons/domestic Fair Dealing:

example, the drug requires that
same teaching
and the same neither party will
provisions, do anything that
despite their will destroy or
differences of injure the right of
ability, the other party to
aptitude and
need. receive the benefits
of the contract.

What legal
consequences
of the
principle
violation

Exercise 3:
- Obligation
- Liability

Downloaded by Th? Thùy D??ng Hoàng (hoangthithuyduong7e.td@gmail.com)

 Self-liability Trách nhiệm

• Liability
– So called “responsibility”
– HOW is (dis)similar to/from obligation?
– WHEN is it arising?/Being liable/responsible for what?
• Civil liability
– WHAT are types of civil
liability/responsibility/remedies in civil law? →
Homework in ss 6
• Specific performance
• Damages/Liquidated damages Tiền
• Cancellation
• Restitution Sự bồi thường
• Injunction Lệnh cấm
12
– Who is responsible/liable? → self-liability → E.g.
 Self-liability
+ Proper fulfilment/ performance
No liability
+ No fulfilment/ performance
Civil Obligation
Civil Liability
+ Improper fulfilment/ performance

Obligation
A purchaser must pay the full price at the agreed place and time.

If the purchaser fails to make payments, he/she/it must pay

interest on the late payment as prescribed in Article 357 of this
Liability Code. 14
 3) Principles
• Group 1: Show of Civil nature thể hiện tc dân sự
• Group 2: Compliance with law tuân thủ luật
• Group 3: Respect for ethics tôn trọng đạo đức

15
 4) Definition
Civil law is a separate law branch in
Vietnam law system, a set of rules
regulating property relations and personal
identity relations on the basis of equality,
freedom of will, independence of property
and self- responsibility.
→ Objects of regulation
→ Types of civil relations
→ Methodology of civil law
16
 4) Definition
A Legal System
Civil Criminal Administrative
Branches
Law Law Law
Sub- Ownership Obligations Contract Tort law Labour Etc.
Branches law law

Regimes Property … … …

Legal Norms
… … … … …
5) Sources of Civil Law in Vietnam

Customary Statutory Case Law


Constitution
Law Law → Click here
Legislations Codes
Laws
Issued


by???
Ordinances

Delegated Decrees
legislations Circulars
Resolutions
Decisions

18
 5) Sources of civil law
• Customary Law
• Statutory Law
– Legislations
• Constitution year of 2013
• Civil Code year of 2015 FOCUS
• Other laws
– Delegated legislations
• Case Law

19
 6) Civil Code of Vietnam 2015
- 689 Articles
- 6 Parts
– General Provisions
– Ownership Rights and Other Property-Related Rights
– Obligations and Contracts
– Inheritance
– Civil Relations Involving Foreign Elements
– Implementation Provisions

20