International University

Law on Hospitality and Tourism

Syllabus

Thai Cuong Nguyen, PHD

LLM Toulouse, Brighton, Munchen
Website: www.vnlawjournal.com
Email. tsnguyenthaicuonghcmulaw@gmail.com
 Reference
• Hospitality Law: Managing Legal Issues in the
Hospitality Industry, (4th Edition), Stephen C.
Barth; ISBN # 978-1118085639.
• Hotel, Restaurant, and Travel Law: A
Preventive Approach (Seventh Edition),
Norman G.
• Cournoyer, Anthony G. Marshall, and Karen L.
Morris (2008) (Alternative).
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 Legislation
• Law on tourism 2017
• Labor law 2012
• Civil Code 2015
• Vietnamese law on Tourism 2005.
• Decree No. 92/2007/NĐ-CP of the Government on guidelines for Law
on Tourism
• Decision 48/2010/TT-BTC
• Decision 47/2010/TT-BTC
• Decision /2008/TT-BVHTTDL
• Decision 92/2007/NĐ-CP
• Decision 89/2008/TT-BVHTTDL
• Decision 16/2012/NĐ-CP
• Law on investment Law No. 67/2014/QH13
•

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 Course Description
• Understanding of the primary laws and
regulations that influence business and
management decisions in the hospitality
industry.

• Legal fundamentals for the hospitality industry

which include negligence, relationships with
guests, insurances, contracts, and liability…
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 Course Objectives

• Comprehend the laws of hotel/resort/restaurant

or bar keeping .

• Explore the relationship between professional

and ethical standards in hospitality management.

• Identify and evaluate liability for personal injuries

on and off the premise, for damage or loss of
property to clients or the negligence liability
facing hospitality businesses.
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 Course Evaluation
Grading  

Class Percentage of
Component Final Grade
Participant
Group presentation
Final Exam
 

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 Introduction

Syllabus review

Beginning concepts regarding hospitality law,

ethics and law in hospitality management

Introduction laws and regulations applicable

to hospitality in Vietnam

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 Contents:
• Contract basics
• Legally managing property
• Legally managing employees
• Your responsibilities as a hospitality operators
• Your responsibilities for your guests’ property
• Your responsibilities when serving food and beverages
• Travel and tourism
• Safety and Security issues
• Managing insurance
www.vnlawjournal.com
 Question
1. Why a study of laws related to hospitality is
important ?

2. A philosophical framework to help prevent

legal difficulties before they begin ?

3. How to evaluate management actions on an

ethical basis?
• Legal issues
 Negligence/Duty of Care
• Frank Sutton v. Roth LLC, et al., No. 08-1914 (4th Cir. 01/21/10).
Plaintiff was injured when he bit into a fried chicken sandwich at a
truck stop McDonald’s restaurant and “grease flew all over his
mouth”. One of the employees made a comment to another saying,
“This is what happens to the sandwiches when they aren’t drained
completely.” Plaintiff’s lips continued to burn and he sought
medical treatment. He sued and McDonald’s successfully moved for
summary judgment because the court held that McDonald’s was not
an agent of Defendant. On appeal, Plaintiff argued that the exclusion
of the employee statement was in error and the statement was
evidence of a standard of care owed to the Plaintiff. On appeal, the
court reversed and remanded the trial court’s decision. The court
also ruled that the district court’s decision in favor of McDonald’s
should also be vacated since McDonald’s relied on an affidavit to
show it had no control over the franchise, but failed to attach the
franchise agreement.
• . Brown v. Checker’s Drive-In Restaurants, Inc., __So.3d__, 210 WL
2595229 (La. App., 06/29/10). Plaintiff worked at a fast-food restaurant.
While she was working at the drivethrough window, the manager was
cleaning with an oven cleaner and placed the can on a shelf above the deep
fryer, another employee accidentally knocked the can into the deep fryer of
hot grease. It exploded causing Plaintiff burns from hot grease. She was
paid workers’ compensation and medical benefits. She sued for injuries;
the employer moved for summary judgment claiming that workers
compensation was her exclusive remedy. The court recognized that an
exception existed for intentional injuries caused at work by an intentional
act. The court determined that the circumstances here did not amount to an
intentional act by the supervisor and dismissed the complaint.
 Negligence/Privacy

• Rasnick et al. v. Krishna Hospitality Inc. No.

09A2259 (Ga. 02/10/10). The wife of a guest called
the hotel to inquire about her husband, who later died
of heart failure. Plaintiff sued the hotel under the
theory of wrongful death
• Summary judgment was granted to Defendant
as the court concluded that an innkeeper has
no legal duty to respond to a telephone
request to check on the condition of a guest.
 Tipping

• McCulllum, et al., v. McAlister’s Corp., No. 08-5050 SECTION: “S” (3)

(E.D. La. 04/13/10).

• Several employees of Defendant’s deli filed a claim against Defendant

because they were denied wages and tips when customers left cash tips in the
“tip jar” or entered tip amounts on the credit card slips. The court allowed the
employees to proceed with a charge of conversion since the workers’ alleged
that Defendant intentionally implemented a tip policy where managers and
others employees either kept the tips or donated them to charity. Defendant’s
donations would create good press and tax benefits, thus benefiting
Defendant. The court also stated that the employees could proceed against
Defendant on a claim for unjust enrichment since Defendant was in
possession of money that in good conscience belonged to the Plaintiffs.
 Trademark Infringement

• Miller’s Ale House, Inc., v. Boynton Carolina Ale House, LLC, No. 09-
80918-CIVMARRA/JOHNSON (S.D. Fla. 10/05/10).

• Plaintiff has operated a chain of sports bars in Florida for more than 20
years. Defendant opened the Carolina Are house in Boynton Beach,
Florida about one mile from Plaintiff’s Boynton Beach Ale House. Both
restaurants use red lettering in their logos and servers wear dark polo shirts
and khaki shorts or pants. The restaurant décor is very similar as well.
Plaintiff filed a complaint against Defendant accusing the company of
trademark and trade dress infringement. Years prior, Plaintiff’s
predecessor filed a complaint alleging trademark infringement against
another Carolina restaurant
• but the trial court (and confirmed on appeal) said that the term
“ale house” was a generic term and could not be protected
under federal trademark law. Plaintiff claimed that customers
have confused the two restaurants, however, the district court
in this action found that nothing much had changed since the
previous suit and the Plaintiff failed to present sufficient
evidence of a pervasive, prolonged presence in the national
restaurant market to raise a question of whether the perception
of the word “ale house” had changed such as to amount to a
trademark infringement claim.
 Part 1: LAW ON TOURISM

• Article 1.- Scope of application

This Law provides for tourism resources and
activities; rights and obligations of tourists,
organizations and individuals doing tourism
business and other organizations and
individuals engaged in tourism-related
activities.
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 I ) Legal definition

1. Tourism means activities connected with trips

taken by people outside their habitual
residences aimed at satisfying their needs for
sightseeing, study, leisure or recreation in a
certain period of time.

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2. Tourist means a person who travels for either
tourism or for other purposes combined with
tourism, except for those who go to study, work
or practice their professions to get paid at the
places of destination.

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• 3. Tourism activity means activities of tourists,
organizations and individuals doing tourism
business, local communities, agencies,
organizations and individuals engaged in
tourism-related activities.

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• 4. Tourism resources mean natural
landscapes, natural elements, historical or
cultural relics, works of creative human labor
or humanity value which can be utilized to
meet tourist needs and constitute a
fundamental factor to form tourist resorts,
tourist spots, tourist routes or tourist cities.

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• 11. Tourist service means the provision of
services in travel, transportation,
accommodation, meals and drinks,
entertainment, information, guidance and
other services to satisfy the needs of tourists.

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• 13. Tour program comprises an itinerary and
services at tour price which has been fixed in
advance for a tourist's trip from its beginning
to end.

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• 18. Sustainable tourism means development
of tourism that meets the needs of the
present without harming the ability of the
future to meet tourism needs.

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• 19. Eco-tourism means a type of tourism that
is based on nature, connected with the local
cultural identity and with the participation of
local communities for the sake of sustainable
development.

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• 20. Cultural tourism means a type of tourism
that is based on the national cultural identity
with the participation of local communities in
order to preserve and bring into full play their
traditional cultural values.

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 II) TOURISTS

• Tourists
• 1. Tourists include domestic and international visitors.
• 2. Domestic tourists are Vietnamese citizens and
foreigners permanently residing in Vietnam who travel
for tourist purposes within the territory of Vietnam.
• 3. International tourists are foreigners, overseas
Vietnamese visiting Vietnam for tourist purposes and
Vietnamese citizens and foreigners permanently
residing in Vietnam making overseas trips for tourist
purposes.
(Article 34. Law on Tourism 2005)
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 Rights of tourists
• 1. To choose the form of travel either by individual or
group; to choose a part of or whole of a tour program
or tourist services provided by organizations or
individuals doing tourism business.
• 2. To request organizations or individuals doing
tourism business to supply necessary information on
tour programs and tourist services.
• 3. To be facilitated in the clearance of entry, exit,
transit, customs and stay procedures; to be allowed to
travel within the territory of Vietnam except in
prohibited areas for the purpose of excursion and
tourism.
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• 4. To be provided with sufficient tourism services according to
contracts between them and organizations or individuals doing
tourism business; be covered with tourism insurance and other
types of insurance according to the provisions of law;
• 5. To be treated equally, to request organizations or individuals
doing tourism business to take measures to ensure the safety of
their lives, health and property while using tourism services; to be
provided with relief aid and rescued in case of emergency during
their travel within the territory of Vietnam.
• 6. To be compensated for the damage caused by the fault of
organizations or individuals doing tourism business in accordance
with the provisions of law.
• 7. To complain, denounce or file lawsuits against acts of violation of
tourism law.
(Article 35. Law on Tourism 2005)
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 Obligations of tourists
• 1. To observe the Vietnamese laws on security, social order
and safety; to respect and preserve natural landscapes,
places of scenic beauty, environment, tourism resources,
cultural identity, and fine traditional habits and customs in
places of tourist destination.
• 2. To abide by rules and regulations of tourist resorts,
spots, cities and tourist accommodation establishments.
• 3. To pay tourist services charges as contracted and other
fees and charges in accordance with the provisions of law.
• To compensate for the damage caused by their fault to
organizations and individuals doing tourism business.
(Article 36. Law on Tourism 2005)
 Tourism business lines
Tourism business is a trade in services, including
the following lines:
•1. Travel business;
•2. Tourist accommodation business;
•3. Tourist transportation business;
•4. Business in development of tourist resorts or
tourist spots; and,
•5. Business in other tourist services.
(Article 38. Law on Tourism 2005)
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II) Principles of tourism development
• 1. To develop sustainable tourism in line with
master plans and plans, ensuring harmony
between socio-economic development and
environmental protection; develop cultural
and historical tourism and eco-tourism in
priority and key regions; and conserve,
embellish and promote the values of tourism
resources.
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• 2. To ensure national sovereignty, national
defense, security, social order and safety.

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• 3. To ensure national and community
interests, legitimate interests, security and
safety of tourists, and the lawful rights and
interests of organizations and individuals
doing tourism business.

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• 4. To ensure the participation of all economic
sectors and people of all strata in the cause of
tourism development.

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• 5. To contribute to expanding foreign relations
and international exchanges in order to
promote the image of the country and people
of Vietnam.

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• 6. To develop both domestic and international
tourism with a view to attracting increasing
numbers of foreign tourists to Vietnam.

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 03 Hospitality business structures

 
The importance of business structures

Common hospitality organization structures

 

 
Common hospitality operating structures

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 Analyze the Situation 1

• Draft a one-paragraph essay summarizing the

laws governing tobacco use in Viet Nam.

• Are there any special stipulations that a

hospitality manager would especially want to
be aware of (such as the designation of
smoking and non-smoking areas in a
restaurant or public lobby)?
 Analyze the Situation 2

• A fellow supervisor and friend confides in you

that that he has been arrested a second time
in two years for driving under the influence of
alcohol. His current case has not yet gone to
trial. This supervisor is responsible for the
late-night closing of the restaurant in which
you both work. You know bars in your city
close at 2:00 A.M., the same time the
restaurant closes.
1. Should you discuss this situation with the
restaurant's General Manager?
 Analyze the Ethical Situation 3

Assume that you are the Food and

Beverage Director of a large hotel. You are
planning for your New Year’s Eve gala, and
require a large amount of wine and
champagne. You conduct a competitive
bidding process with the purveyors in your
area, and, based upon quality and price, you
place a very large order (in excess of $20,000)
with a single purveyor.
• One week later, you receive a case of very
expensive champagne, delivered to your
home with a nice note from the purveyor’s
representative stating how much they
appreciated the order and that they are really
looking forward to doing business with you in
the years ahead. What do you do with the
champagne?
• Your first thought may be the most obvious
one; that is, you drink it. But hopefully, you
will first ask yourself the seven questions of
the ethical decision-making process.
1. Is it legal?
2. Does it hurt anyone?
3. Is it fair?
4. Am I being honest?
5. Would I care if it happened to me?
6. Would I publicize my action?
7. What if everyone did it?
 Analyze the Ethical Situation
• Assume that your local municipality is
considering the passage of a law that would
prohibit the sale of all tobacco products from
the interiors of bars and restaurants, but not
grocery stores. The restaurant you manage
has a cocktail lounge, and cigarettes are both
consumed and sold in that section of your
restaurant.
• There is no current effort to prohibit smoking
in cocktail lounges, such as the one you
operate. You are considering whether to
address the local government body charged
with creating such legislation:
1. What are the major considerations you will
think about before you decide to support or
oppose the proposed legislation?

2. Will the fact that you do or do not smoke

influence your position?

3. Which ethical issues are in play here?

1. Prepare a five-minute training session for
your staff that emphasizes the importance of
prevention, rather than reacting to, legal
liability. Give an example of a situation
where this might arise.

2. Give an example, other than the one

mentioned in the text, of a recent change in
federal, state, or local law that has impacted
the hospitality industry. Explain why you
believe the law was enacted and whether
you believe it was good legislation.
3. Give a hospitality example of the importance
that “selection” makes in the STEM process.
4. Give a hospitality example of the importance
of “teaching” in the STEM process.
5. Give a hospitality example of the importance
of “education” in the STEM process.
6. Give a hospitality example of the importance
that “managing” makes in the STEM process.
 Other aspects
Accident

Investigate accident – process and outcome

steered by the pre-conceptions of the
investigators about accident causation.

Attribute primary cause to Attribute primary cause to

shortcomings in the behaviour of the shortcomings in the physical working
injured person (unsafe acts) environment (unsafe conditions)

Devise a RULE forbidding the Devise a TECHNICAL solution (e.g.

behaviour identified to prevent a re- guards, PPE) to make the conditions
occurrence of the unsafe act. safe to protect people from the
hazard.
 Unsafe Acts & Conditions in Quarries
Unsafe Acts
• Operating equipment at improper
speeds
• Operating equipment with
authority
• Using equipment improperly
• Using defective equipment
• Failure to wear PPE
• Taking and improper working
position
• Servicing equipment in motion
• Defeating safety devices
Unsafe Conditions
• Inadequate guards
• Defective tools or equipment
• Congestion of working area
• Poor housekeeping
• Excessive noise
• Poor illumination
• Poor ventilation
 Personnel Protective Equipment

Personnel protective equipment may be

broadly divided as follows:
– Hearing protection.
– Respiratory protection.
– Eye and face protection.
– Protective clothing.
 PROTECTIVE EQUIPMENT REQUIREMENTS
WHERE Eye
NEEDED Where machines or
  operations present a
  danger from flung objects,,
hazardous liquids, or
injurious radiation.
TYPES OF Goggles, full face shields,
PROTECTION safety glasses, side-
  shields, welders’ lenses
(should meet standards).
 
FITTING Comfortable fit (not
REQUIREMENT interfere with movement).
SUGGESTED Date issued, reissued,
RECORDS type issued, instructions
given
 
EXAMINATIONS Visual acuity, depth
NEEDED perception.
Head
Where there is danger
from impact and
penetration from falling or
flying objects or from
limited electric shock.
Safety hats full brim,
brimless, limited voltage
protection, no voltage
protection, (should meet
standards).
Comfortable, proper fit.
Date issued, type issued,
instructions given (need to
wear, maintenance,
disciplinary action).
Foot/Toe
In areas where there is a
potential for foot or toe
injuries.
Impact and compression
resistance, metatarsal
protection, puncture
resistance, electrical
hazard resistance,
conductive
Proper fit.
Date issued, amount
reimbursed, instructions
given (need to wear,
maintenance, disciplinary
action).
 PROTECTIVE EQUIPMENT REQUIREMENTS (2)

WHERE Hand Hearing Respiratory

NEEDED Danger of cuts, or from Noise exposure that equals In areas that present a
handling corrosives, solvents, or exceeds 85 dBA in an 8- limited breathable
  or other chemicals. hour time-weighted period. environment

TYPES OF Cotton/leather gloves; Full muffs, disposable Air-purifying respirators,

PROTECTION gauntlets; heat-resistant plugs, Swedish wool, non- chemical cartridge respirators,
gloves; barrier creams; chain disposable plugs. (Should air-supplied respirators,
  mail gloves; haly-gloves; meet standards). combination respirators, self
contained breathing devices.
rubber gloves. (Should meet
(Should meet standards).
standards).
 
 
FITTING Proper fit. Proper fit, correct type for Significant fitting
REQUIREMENTS noise exposure. requirements.

SUGGESTED Date issued, reissued, type
RECORDS issued, instructions given,
  (need to wear, maintenance,
conservation, disciplinary
  action.)
 
Audiometric exam, date
issued, instructions given
(need to wear, effects of
noise, cleaning,
conservation, fitting,
disciplinary action.)
Date issued, reissued, type
issued, instructions given
(respiratory hazards present;
functions; fit testing; proper
utilisation, cleaning and
maintenance; conservation,
disciplinary action).

EXAMINATIONS   Audiometric Pulmonary function.

NEEDED (baseline and annual).
 Hierarchy of Control Measures
Eliminate risk by substituting the dangerous for the
less dangerous, e.g.

• Use less hazardous substances.

• Substitute a type of machine which is better guarded to make
the same product.
• Avoid the use of certain processes.
Some Current Litigation Trends

 Negligent retention
 Negligent supervision
 Failure to properly train
Caselaw
• Blackford v. Prairie Meadows Racetrack and Casino, Inc., No. 08-0586
(Iowa 02/12/10).

• Plaintiff won more than $9,000 playing shot machines at Defendant’s

casino but the winnings were forfeited because it was discovered that he
had previously been involuntarily and permanently banned from the
casino. Plaintiff filed a complaint against the casino seeking to recover
based on his claims of conversion, libel, false imprisonment and abuse of
process. Only the claim of conversion survived summary judgment. A trial
court declared that the casino had a right to confiscate his winnings,
finding that once a person is banned from a facility, all “promises,
agreements or contracts that arise from wagers or bets are void … the
facility would not be required to pay winnings to such person” and a jury
found in favor of the casino. Plaintiff appealed, …
• and the appeals court declared that the trial court erred in its
finding that the casino would not be required to pay
winnings to a person involuntarily excluded from the
property, and reversed and remanded the decision.
Defendant asked the Supreme Court of Iowa to review the
ruling and it declared that under the state’s gambling laws,
the casino had clear authority to ban Plaintiff from its
casino. The law allows a casino to remove any person
“deemed undesirable” without any excuse or reason given,
so long as the decision was not based on any of the
protected civil rights. The court also found that the casino
had a right to take control over his winnings and the court
vacated the ruling of the appeals court and affirmed the trial
court’s ruling in favor of Defendant.
 Contract
• Contracts 11. James v. InterContinental Hotels Group Resources, Inc.,
et al., No. 09-cv-781 (N.D. Ill. 02/10/10).

• Plaintiff, an employee with AT&T, stayed at Candlewood Suites while on

a business trip. She made complaints during her stay to the hotel’s manager
and the hotel offered Plaintiff a free two-night stay, which was declined.
Plaintiff asked for a formal apology and explanation for the incidents. She
later received hotel vouchers for $150 from InterContinental, but said she
did not request them. The hotel manager told Plaintiff’s employer, whom
the hotel had a relationship with that Plaintiff engaged in work-related
misconduct, alleging that Plaintiff asked to be credited for the stay with
travel vouchers for her personal use rather than having her corporate credit
card reimbursed. AT&T commenced an investigation and took disciplinary
action against Plaintiff and Plaintiff sued Defendant alleging tortious
interference with business relations and prospective economic advantage
claims.
• The court found that an at-will employment
relationship may form the basis for a cause of action
for tortious interference with business relations and
therefore denied the Defendants’ motion to dismiss.
The court found that Plaintiff had an expectation of
continued employment in her current position, based
on her exemplary work record, positive performance
evaluations and previous promotions.
 Discrimination/Racial
• Jones, et al., v. Indy 104, LLC d/b/a The Ram Restaurant and Brewery,
et al., No. 1:08-cv01128-SEB-TAB (S.D. Ind. 06/02/10).

• Plaintiff and his two sons, all African Americans, joined a group of
Caucasian friends at Defendant’s restaurant during a very busy time just
before the Indianapolis Colts playoff game. When the Plaintiffs attempted to
order more food and beverage, the waiter told them that they could not place
additional orders and needed to finish so that the restaurant could
accommodate waiting guests. The Joneses and other guests asked why they
were being kicked out, and the assistant manager explained that the
restaurant was trying to serve as many guests as possible before the start of
the game. Jones’s son followed the manager into the kitchen area of the
restaurant where he cursed at him and asked for further explanation. The
manager again went to the table to explain, when Plaintiff asked if they were
being removed because they were black. The manager left the table and
returned with the restaurant’s black executive chef, who also explained the
request was not racially motivated. Plaintiffs filed a complaint alleging race
discrimination, …
… but the court found that none of the evidence
constituted direct discrimination. The court granted
summary judgment for Defendant.
Employment/Discrimination/Gender
Rangel v. Omni Hotel Management Corp., No. SA-09-
CV-0811 OG (NN) (W.D. Tex. 10/04/10).

Plaintiff sued her employer based on allegations of gender

discrimination and retaliation. Plaintiff was terminated when
she did not call police after an investigation determined that
an employee was selling drugs on the hotel premises.
Plaintiff claimed she was told by her GM not to call the
police. Defendant terminated Plaintiff for lying about the
decision not to call the police. Plaintiff claimed that the GM
was not terminated for his actions, but she was so the
employer clearly discriminated against her.
• The court disagreed. Summary judgment was granted
to Defendant on all counts.
 Employment/Sexual Harassment

• Cross v. Prairie Meadows Racetrack and Casino, Inc.,

No. 09-3427 (8th Cir. 08/12/10).

• Plaintiff worked as a valet at the Defendant’s casino and

brought an action against Defendant for hostile work
environment claiming that another valet pestered her and
tugged her pony tail. The supervisor called a meeting with
the valets and ordered them to cease the horseplay. Another
valet allegedly told others that Plaintiff had performed
sexual acts on him. Plaintiff resigned claiming poor working
conditions created by her surpervisors.
• The district court granted summary judgment for
Defendant stating that the behavior was not severe or
pervasive enough and four discrete incidents over a
two-year period was not enough to establish a hostile
work environment. The appellate court agreed.
 Gambling

• Donovan v. Grand Victoria Casino & Resort, No.

49S02-1003-CV-00124 (Ind. 09/30/10).

• Plaintiff, a self-described “advantage player” counts

cards during blackjack. The casino banned him from
the blackjack tables but welcomed him to play other
games. He sued Defendant for breach of contract and
sought a declaratory judgment that the casino could
not exclude him from playing blackjack for simply
counting cards.
• The trial court found in favor of Defendant,
however, the Supreme Court of Indiana
disagreed and said state law allows any
property owners, including riverboat casino
operators, to make decisions to ban patrons for
counting cards or other strategies designed to
give the patron an advantage over the casino.
Case Study
Chapter: SAFETY AND SECURITY
ISSUES
 Negligence/ Security
• Keller, et al., v. Monteleon Hotel, et al., No.
2009-CA-1327 (La. Ct. App. 06/23/10).

• A suicide victim jumped off the roof of the

Defendant’s hotel and landed on Plaintiff who
suffered a broken leg, broken rib and scarring
from the incident. Plaintiff filed a complaint
against the hotel.
• The trial court found in favor of the
Defendant. On appeal, the Plaintiff argued that
the height of the guardrails was improper and
pickets were missing from the guardrail. Also,
Plaintiff claimed that another guest had
jumped from the roof in the past.
• The court found that without proof by Plaintiff, there
was not sufficient warning given to the hotel for
them to anticipate that a guest would be committing
suicide from the roof and thereby no constructive
notice.
 Case Study
• MR. AND MRS. ANGELO were frequent diners at the Buffet World restaurant, a
moderately priced operation that featured an all-you-can-eat lunch and dinner
buffet. Jessie Carroll was the manager of the restaurant. On a busy Sunday, Mr.
and Mrs. Angelo entered the restaurant, paid for their meal, and were directed
to their table by the dining room greeter. As Mrs. Angelo sat down, the
wooden dining room chair snapped under her weight. Her neck was injured as
she fell on the restaurant’s tile fl oor.The Angelos sued Buffet World, charging
negligence in the operation of the restaurant. Their attorney argued that the
normal wear and tear of chairs was a foreseeable event, and thus an inspection
program should have been in place. No such program could be shown by the
restaurant to have existed.The attorney for the restaurant countered that Mrs.
Angelo was “larger” than the average guest, and therefore Buffet World could
not have foreseen that she would be seated in a chair that was not capable of
holding her weight. The restaurant’s attorney also noted that Buffet World had
never experienced a problem like this before.
 Questions
• 1. Is Mrs. Angelo’s weight a relevant issue in her case
against the restaurant?
• 2. What evidence could the restaurant have provided
to its attorney to demonstrate reasonable care in the
inspection of its dining room furniture?
• 3. If it were independently owned, who would be
responsible for designing and implementing an
effective furniture inspection program for Buffet
World?
Case Study: WAYNE DOBINION WAS THE district manager for a franchised quick-service
Mexican-style restaurant in a large city. On a Friday night at 11:30 P.M., just after the
restaurant locked its front doors to the general public, three masked men entered the
store through the unlocked back kitchen door. They demanded that the assistant manager
on duty at the time turn over all the restaurant’s cash. Nervously, the 19-year-old assistant
manager explained that all the cash had been deposited in a safe in the manager’s offi ce
and that he had no ability to open it.Angry at their inability to rob the restaurant, the
gunmen shot two of the restaurant workers, including the assistant manager, as they fl ed
the restaurant. The assistant manager later died from his wounds. The attempted robbery
and shooting make that night’s local television news.A lawsuit fi led by the assistant
manager’s parents charged that the restaurant lacked proper alarms and locks on the back
door. In addition, they charged that the restaurant owners and the franchise company
failed to provide any training to its staff regarding the proper response to an armed
robbery. The lawsuit was reported in a front-page article in the local paper.An investigative
reporter from another television station in the city called the restaurant’s manager to
request an on-air interview regarding the training the restaurant’s employees receive
related to robberies. The manager referred the call to Mr. Dobinion
• 1. What legal position might the franchisor
take if it had provided training materials to
the local franchisee, but the franchisee had
never utilized those materials?
• 2. What is the likely outcome if Mr. Dobinion
refuses to meet with the investigative
reporter? What if Mr. Dobinion has not been
trained to do so?
VN Criminal Law
1. CRIMES AGAINST HOSPITALITY BUSINESSES

• Consumer Theft of Services

• Fraudulent Payment
• Internal Theft of Assets
 THEFT
• 1. A person who steals another person's property which is assessed at
from VND 2,000,000 to under VND 50,000,000 or property assessed at
under VND 2,000,000 in any of the following cases shall face a penalty of
up to 03 years' community sentence or 06 - 36 months' imprisonment:
• a) The offender previously incurred a civil penalty for appropriation of
property;
• b) The offender has a previous conviction for theft or any of the criminal
offences specified in Article 168, 169, 170, 171, 172, 174, 175 and 290
hereof which has not been expunged;
• c) The offence has a negative impact on social safety, order, and security;
• d) The property stolen is the primary means of livelihood of the victim and
the victim's family; the property taken is a souvenir, memento, or religious
item that has a spiritual value to the victim.
(Article 173. Theft)
 Penalty of 02 - 07 years' imprisonment

• 2. This offence committed in any of the following cases shall carry a

penalty of 02 - 07 years' imprisonment:
• a) The offence is committed by an organized group;
• b) The offence is committed in a professional manner;
• c) The property obtained is from VND 50,000,000 to under VND
200,000,000;
• d) The offender employs a deceitful method or a dangerous method
to commit the offence;
• dd) The offender attacks other people to escape;
• e) The property stolen is assessed at from VND 2,000,000 to under
VND 50,000,000 or but the offender commits the offence in any of
the cases specified in Point a through d Clause 1 of this Article;
• g) Dangerous recidivism.
• 3. This offence committed in any of the following cases
shall carry a penalty of 07 - 15 years' imprisonment:
• a) The property stolen is assessed at from VND
200,000,000 to under VND 500,000,000;
• b) The property stolen is assessed at from VND
50,000,000 to under VND 200,000,000 or but the
offender commits the offence in any of the cases
specified in Point a through d Clause 1 of this Article;
• c) The offender takes advantage of a natural disaster or
epidemic to commit the offence.
• 4. This offence committed in any of the following cases
shall carry a penalty of 12 - 20 years' imprisonment:
• a) The property stolen is VND 500,000,000 or over;
• b) The property stolen is assessed at from VND
200,000,000 to under VND 500,000,000 or but the
offender commits the offence in any of the cases
specified in Point a through d Clause 1 of this Article;
• c) The offender takes advantage of a war or state of
emergency to commit the offence.
 Fraud
• Article 174. Obtaining property by fraud
• 1. A person who uses deception to obtain
another person's property which is
assessed at from VND 2,000,000 to under
VND 50,000,000 or property assessed at
under VND 2,000,000 in any of the
following cases shall face a penalty of up to
03 years' community sentence or 06 - 36
months' imprisonment:
 Review midterm
Part 1:
Travel enterprises include :
a) Domestic travel enterprises
b) International travel enterprises
c) a) and b)
d) None of these
Explain your choice by citing relevant articles of Vietnamese law on Tourism. 
Conditions for doing domestic travel business:
a) Having domestic travel business registered at a competent business registry
b) Having business plans for domestic tourist operations, offering tour programs for domestic tourists
c) Operators of domestic travel business must have at least three years of experience in doing travel
operations
d) All of the above
Explain your choice by citing relevant articles of the Vietnamese law on Tourism.
Part 2:
Describe essential legal and others instruments to control food
 Conclusion
• SAFETY AND SECURITY PROGRAMS: FOUR-
STEP SAFETY AND SECURITY MANAGEMENT
METHOD
• Recognition of Threat
• Program Development
• Program Implementation
• Monitoring Program Results
 CRIMES AGAINST HOSPITALITY BUSINESSES

• Consumer Theft of Services

• Fraudulent Payment
• Internal Theft of Assets
• Documents:
• Textbook
• Labor law 2012
• Law on tourism 2017
• Civil Code 2015
 Review Mid- term
• I. Multiple choices (2 points per question, 30
questions)
 Review

Obligations of tourists:
•a) Observe laws of Vietnam and laws of the host country; behave in a
civilized manner, respect local customs and practices, cultural identity,
protect and preserve tourism resources and environment; cause no harm to
the image and cultural tradition of Vietnam
•b) Comply with regulations of tourism areas, tourist attractions and tourism
service providers.
•c) Pay tourism services charges under the contract and other fees and
charges in accordance with the regulations of law ; Be compensated for the
damage in accordance with regulations of civil law.
•d) All of the above
•Explain your choice by citing relevant articles of the Vietnamese law on
Tourism 2017.
• Fill in the blank […]
• Employers and an occupational safety and health officers shall participate
in training courses on occupational […] and […], and will be examined, and
granted a certificate by an occupational safety and health training
institution.
• a) Safety
• b) Health
• c) a) and b)
• d) None of these
•  
• Explain your choice by citing relevant articles of the Vietnamese labour
Code 2012.
II. Writing questions: (20 points per question, 2 questions)
(Based on Vietnamese labour Code 2012 and Civil Code 2015 and general
principles provided in this lecture and in textbook).
 
1. Food and beverage safety issues 
Who do you believe should be held responsible for the damages you
incurred?
Prevent incidents such as the one described here ?

2. essential clauses in an employment contract

 Review for Final Term
Final Exam 90’

PART I. Writing questions: (60 points )

> negligence, hot food
guidance on proper serving
PART II. Writing questions: (40 points )
> Contract
• Thank you