INTRODUCTION

TO BUSINESS LAW

LLM. Bui Doan Danh Thao

OBJECTIVES
• Explain the syllabus
1
• What is “Business law”?
2
• What are the subject – matters of Business law?
3
• Who is the main subject of Business law?
4
• What are sources of Business law?
5
• Which roles do Business law play in the market economics?
6
 2. WHAT IS BUSINESS LAW?

Business law includes regulations, which are enacted or

recognised by the state, governing relationships between traders
together in the processes of organisation, management and
performance of business activities, and business management
relationships between government authorities and traders.
2. WHAT IS BUSINESS LAW?

Organisation and
Business activities management of traders

BUSINESS LAW
=
REGULATIONS

Govern
OTHER TERMS OF BUSINESS LAW

Business law

Economic Commercial
law law
SUMMARY: WHAT IS BUSINESS LAW?

Governing
Subjects
scope
Organisation and
management of traders Traders
Business activities
between traders
Government
State management in authorities
business activities
OBJECTIVES
• Explain the syllabus
1
• What is “Business law”?
2
• What are the subject – matters of Business law?
3
• Who is the main subject of Business law?
4
• What are sources of Business law?
5
• Which roles do Business law play in the market economics?
6
3. WHAT ARE THE SUBJECT MATTERS OF
BUSINESS LAW?

Business
activities
State Internal
management organisation
in business and
activities management
of a trader

Subject
matters of
Business law
WHAT ARE BUSINESS ACTIVITIES?

Article 4.16 Enterprise law 2014

Business means the continuous implementation of one, several

or all stages of an investment process, from the production to
the sale of products or provision of services on the market for
profit purposes.
WHAT ARE BUSINESS ACTIVITIES?

Production Sale of products

Promotion Provision of services

WHICH OF THE FOLLOWING IS A BUSINESS
ACTIVITY?

William
 FEATURES OF THE BUSINESS ACTIVITIES

Business activity Civil activity

Purpose Profit Needs

Effect of
affected Not affected
market rules
Regular manner,
Nature Irregular manner
Professional
Individuals and
Subject Traders
organisations
Roles of the Supplementary
Main income
earnings income
WHICH OF THE FOLLOWING IS A BUSINESS ACTIVITY?

SELL

William
EXERCISE: WHICH ONE IS A BUSINESS ACTIVITY?

BUY Coca leaves

Stationery
ARE BUSINESS ACTIVITIES DIFFERENT FROM
COMMERCIAL ACTIVITIES?

Business Commercial
activities activities
ARE BUSINESS ACTIVITIES DIFFERENT FROM
COMMERCIAL ACTIVITIES?

Commercial
Article activities
3.1 Commercial law 2005 Business activities
Article 3.1 Commercial law 2005 Article 4.16 Enterprise law 2014

Commercial activities
Commercial activitiesmean
meansactivities
Businessfor the purpose
means of
the continuous
generating
activities forprofits, including:
the purpose of sale and purchase
implementation ofof goods,
one, several or
generating
provision profits, including: investment,
of services, all of stages commercial
of an investment
sale and purchase
promotion of activities
and other goods, process, frompurpose.
for the profit the production to
provision of services, the sale of products or provision
investment, commercial of services on the market for
promotion and other activities profit purposes.
for the profit purpose.
BUSINESS ACTIVITIES = COMMERCIAL ACTIVITIES

Sale and purchase Commercial

Investment
of goods promotion

Other profit
Service supply
activities
SUMMARY: WHAT IS A BUSINESS ACTIVITY?

Conduct for the

Activities of traders purpose of profit

Business
activities

Bring the main Conduct regularly

income for traders and professionally
CLASSIFICATION OF BUSINESS ACTIVITIES

Business areas
Sale and purchase of goods

Service provision

Investment

Intellectual property
OBJECTIVES
• Explain the syllabus
1
• What is “Business law”?
2
• What are the subject – matters of Business law?
3
• Who is the main subject of Business law?
4
• What are sources of Business law?
5
• Which roles do Business law play in the market economics?
6
4. WHAT IS THE MAIN SUBJECT OF BUSINESS LAW?

Article 6.1 Commercial law 2005

Traders include lawfully established economic organizations

and individuals that conduct commercial activities in an
independent and regular manner and have business
registrations.
4. WHAT IS THE MAIN SUBJECT OF BUSINESS LAW?

Individuals
have civil
Conduct
act capacity
business
Business
Trader activities
independently registration
Lawfully and regularly
established
organisation
 Private
Enterprise
TRADER
 WHO IS A TRADER?

STREET HAWKER

Metrol cash & carry Vietnam

limited company
SUMMARY: TRADERS

Which requirements a
Who can be a trader? subject must meet to be a
trader?
1. Individuals who have full
civil act capacity (full 18 years Conduct business activities.
old and older, have not lost or
have restricted civil act
capacity) Conduct business activities
independently for their own
benefits and under their name.
Conduct business activities
2. Lawfully established
regularly.
organisations
Register their business
CLASSIFICATION OF TRADERS

Cooperatives
Individuals Legal
persons Business
household
OBJECTIVES
• Explain the syllabus
1
• What is “Business law”?
2
• What are the subject – matters of Business law?
3
• Who is the main subject of Business law?
4
• What are sources of Business law?
5
• Which roles do Business law play in the market economics?
6
 5. WHAT ARE SOURCES OF BUSINESS LAW?

Legislation
Civil Commercial Enterprise Investment Bankruptcy Subordinate
Constitution ……..

code law law law law laws

International treaties …
US – Vietnam Bilateral Convention on contracts for the International sale of
…
trade agreement goods (Vienna convention 1980)
.

Commercial customs
Uniform customs and practice for documentary
Incoterms
credits (UCP) ………
OBJECTIVES
• Explain the syllabus
1
• What is “Business law”?
2
• What are the subject – matters of Business law?
3
• Who is the main subject of Business law?
4
• What are sources of Business law?
5

• Which roles do Business law play in the market economics?

6
6. WHICH ROLES DO BUSINESS LAW PLAY IN
THE MARKET ECONOMICS?

• Equal environment
1

• Restrict disadvantages of the

2 market economy

• Development of the market

3 economy
THE END