BL-A2-Hữu Khải

ACCESSOR: PHAM HOANG HIEN
WRITTEN BY: PHAM HUU KHAI

ID NUMBER: B180032
2nd ASSIGNMENT OF BUSINESS LAW
TITLE: A2: LEGAL SOLUTION
1
Table of content
Contents
Introduction .................................................................................................................................................. 3
Learning outcome 3: Examine the formation of different types of business organizations. .................... 4
I. Introduction to different type of business ownership in Vietnam. .................................................... 4
II. Explain how different types of business organizations are legally formed, managed and funded in
HCMC. (luatnqh, 2019) ................................................................................................................................. 7
III. Assess the advantages and disadvantages of the formation of different types of business
ownership organization. ............................................................................................................................ 16
IV. Law case: The Gateway International School................................................................................ 19
1) The original cause of the case of Gateway International school .................................................. 19
2) Who are legally liable for this case law? ....................................................................................... 19
3) The details in the law case should be illumined ........................................................................... 20
4) Apply laws for this case .................................................................................................................. 22
5) Do you agree with the verdict of trial court? Explain why do you agree or disagree? ................ 24
6) As a legal consultant, give recommendations to solve this law case legally. .............................. 24
7) Suggestions to educational institutions and to lawmakers in Vietnam to avoid the similar law
case in the future.................................................................................................................................... 25
V. Law case: Asanzo files lawsuit against Tuoi Tre newspaper over origins of products. ................... 26
1) The original cause of the case of Asanzo files lawsuit against Tuoi Tre newspaper over origins of
products. ................................................................................................................................................. 26
2) The winner over the lawsuit .......................................................................................................... 26
3) The detail in the law case should be illumined ............................................................................. 26
4) The laws will be applied to this case ............................................................................................. 27
5) As a legal consultant, give recommendations to solve this lawsuit legally and which side will
you support? Why? ................................................................................................................................ 33
6) At the Asanzo’s position, provide three legal solutions to overcome the similar law case in the
future. ..................................................................................................................................................... 34
7) Recommend legal solutions based upon a different country’s legal system and/or a different
legal framework. Evaluate the effectiveness of each legal solution. ................................................... 35
Conclusion .................................................................................................................................................. 38
References .................................................................................................................................................. 39
Bibliography .................................................................................................................................... 39
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Introduction
The purpose of this assignment is to provide the knowledge about the theories of the
differences, operations and call for capital of types of businesses in Vietnam. It is also going to
analyze two law case of Gateway international school and Asanzo files against Tuoi Tre
newspaper in detail. This report will explain and describe how different types of business
organizations are legally formed, managed and funded. Besides, it also gives the evaluation of
advantages and disadvantages of the formation of different types of business organization.
Moreover, this assignment provides recommendations of legal solutions for resolving lawsuits
by using examples to demonstrate how a party might obtain legal advice and support. In
addition, it also uses different sources of legal advice to compare, contrast and asses the
effectiveness of legal solutions for supporting dispute resolution between two sides.
The background knowledge about theories of law in this paper will support a lot in analyzing
the elements in laws, gain the knowledge to use to assist in resolving litigation disputes and in
order to enhance one's professional career in the future.
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Learning outcome 3: Examine the formation of different types of business organizations.
I. Introduction to different type of business ownership in Vietnam.
The types of legal businesses in Vietnam are quite diverse. Therefore, to be able to
choose the right business type for the current situation and development orientation, business
owners need to master the characteristics, advantages and disadvantages of each type of
business. According to the latest Enterprise Law 2014, there are 5 types of enterprises: Limited
liability company (Limited), Joint-stock company, State-owned enterprise, Private enterprise,
Partnership. Here are the common types of businesses currently, established by many individuals
and organizations. (Quocluatvn, 2020)
❖ Sole proprietorship
Sole proprietorship is an economic organization that is allowed to register its

business according to regulations and conduct business activities. Sole proprietorship is owned
by an individual, has assets, has a transaction office. The owner of a private enterprise is the legal
representative and has full power to decide all business activities of the company. Normally, the
owner of a private business will directly manage and run all activities of the company, but this
owner can still hire others to do this job on his behalf. A private enterprise is an infinite liability
company and has no legal status. (Quocluatvn, 2020)
❖ limited liability company (LLC)
Limited liability companies are types of enterprises with legal status recognized by
the law (Enterprise Law). The company owner and the company are two separate legal entities.
Before the law, the company has the legal status from the date of being granted the business
registration certificate, the company owner is the natural person with the rights and obligations
corresponding to the company ownership. (Quocluatvn, 2020)
A limited liability company with two or more members is an enterprise of which the
member may be an organization or individual; the number must have no more than 50 members
to contribute capital to establish, and the company is only liable for debts and other financial
obligations within the scope of its asset obligations. Limited liability companies are not allowed
to issue shares to raise capital. (Quocluatvn, 2020)
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❖ Single-member limited liability company
Single-member limited liability companies is a special form of limited liability companies. Under
Vietnamese law, a single-member limited liability company is an enterprise owned by an
organization or individual; The owner is responsible for the debts and other property obligations
of the business to the extent of the charter capital of the business. (Quocluatvn, 2020)
The company's owner has the right to transfer all or part of the company's charter capital to
other organizations and individuals. A one-member limited liability company has the legal status
from the date of issuance of the business registration certificate. Single-member limited liability
companies are not allowed to issue shares.
The internal management structure of a one-member limited liability company includes: Board
of Directors and Director or Chairman of the company and Director.
❖ Joint stock company (JSC)
A joint stock company is a type of company in which its charter capital is divided into
equal parts called shares that are established and exist independently. A joint-stock company
must have a General Meeting of Shareholders, a Board of Directors and a Director (General
Director), for a joint-stock company with more than eleven shareholders must have a Control
Board. Shareholders are only responsible for debts and other property obligations of the
company within the amount of capital contributed to the company, have the right to freely
transfer their shares to other people, the minimum number of shareholders is three and
unlimited maximum number. Joint-stock companies have the right to issue securities outward
in accordance with the law on securities. The pros and cons of joint stock companies.
(Quocluatvn, 2020)
❖ Partnerships
A partnership is a company in which at least two general partners are the co-
owners of the company, in addition to the general partners who may have capital contributing
members. Capital-contributing members are only liable for the debts of the company within the
amount of capital contributed to the company. A partnership has legal status, the members
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have the right to manage the company and conduct business activities on behalf of the
company, jointly responsible for the company. Capital-contributing members are entitled to
share profits in accordance with the provisions of the company's charter, and general partners
have equal rights when deciding on corporate management issues. Advantages and
disadvantages of partnerships. (Quocluatvn, 2020)
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II. Explain how different types of business organizations are legally formed, managed
and funded in HCMC. (luatnqh, 2019)
The table compares the types of businesses according to the 2014 enterprise law
including types such as 1-member limited liability, 2-member limited liability, partnership, joint
stock company and private enterprise. This is a table that compares the types of companies
based on the most typical and basic criteria such as members, responsibilities, capital, legal
entities ... so that you can catch up with the changes of business law. 2014, which took effect in
early July 2015 replacing the 2005 Enterprise Law, this law has a lot of new points that
individuals who want to set up a business need to know before choosing the type of business.
(luatnqh, 2019)
❖ The similarities between types of businesses

• The similarities between a joint stock company and a limited company
Legal status: Limited liability companies and joint stock companies have legal status
from the date of issuance of the business registration certificate. Currently, according to the
latest enterprise law, the enterprise code is the tax code of the enterprise. (luatnqh, 2019)
Responsibilities of capital contributors: Members of limited liability companies and

shareholders of joint-stock companies must take responsibility within the scope of capital
contribution to the company. (luatnqh, 2019)
About the legal representative: A joint stock company and a limited company may
have one or more legal representatives. (luatnqh, 2019)
• The similarities between partnerships and joint stock companies
Joint-stock companies and partnerships have the legal person status from the date
they are granted business registration certificates. (luatnqh, 2019)
A joint stock company or partnership may have more than one legal representative.
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❖ The differences between types of businesses (luatnqh, 2019)
Criteria Single-member Limited liability Partnership Joint stock Sole

LLC company (LLC) company proprietorship
Legal characteristics
Member - Can be an - It could be an - At least 2 - At least 3 - Owned by
individual or individual or general shareholders an
an an partners are and not individual,
organization. organization. individuals limited. only 1
with private
- From 2 to 50 additional - Shareholders enterprise
members or capital may be may be
more. contributing individuals or established.
members. organizations.
Liability for - In the range - In the range of - Member - Only take - Responsible
debts and of the capital partners are responsibility with all of
property charter contribution. responsible within the its assets
obligations capital. with all amount of for all
their capital activities of
properties. contributed the
to the business.
- Capital business.
contributing
members
are
responsible
for the
debts of the
company
within the
contributed
capital.
Legal person Yes Yes Yes Yes No
status
Right to issue Not allowed to Not allowed to Do not issue Has the right to Not allowed to
securities issue shares. issue shares. any kind of issue shares to issue shares.
stock. raise capital.
Capital established company
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Form - Separate - Money, copper, - General - Share - Investment
property of foreign partners and - Founding capital of the
owner and currencies, real limited shareholders owner of a
company estate, industrial partners must register to private
assets. property rights, contribute buy at least 20% enterprise is
land use rights ... capital in full of the total registered by
- Separate and on time as number of the owner
expenditures committed. ordinary shares himself.
of that are allowed
individuals to be offered for
and families sale at the time
from those of business
of the registration.
company
president,
director,
general
director.
form of One-member Limited Liability A partnership Sole
capital limited liability Company is has only one proprietorship
mobilization companies are allowed to option: to call has a need to
unable to issue mobilize capital for capital increase
shares. through loans contribution capital, the
However, the and credits from from capital only method is
company's individuals and contributors. that the
capital organizations. The receipt of business
mobilization Ltd. also has the capital owner will
activities are right to issue contributions invest more by
quite diverse. bonds. from these himself. The
The company members owner of a
can approve complies with private
the issuance of the general enterprise
bonds and provisions of may use his or
loans from the Enterprise her other
domestic and Law 2014. assets to
foreign invest, or on
organizations his or her own
and individuals. behalf raise
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Or the owner of capital for the
the company enterprise by
may contribute borrowing
additional capital from
capital. other
organizations
or individuals.
Term of - 90 days from - 90 days from
capital the date of the date of
contribution issuance of issuance of
the business the business
registration registration
certificate certificate.
During this
time, the
member has
rights and
obligations
corresponding
to the capital
contribution
ratio as
committed to
contribute.
Report to - Only withdraw The right to - For general - Increase capital - Having the
increase or capital by increase or partners, by increasing the right to
decrease transferring a decrease the increase and number of increase /
capital part or the capital and must decrease authorized decrease
whole of report in writing capital by shares. capital.
charter capital to the business promoting and
to other registration reducing - Reduce the - In case the
organizations agency within 10 members and capital by the investment
or individuals. days after its must be company capital is
- Be entitled to completion. approved by repurchasing reduced to
increase capital the Board of shares and lower than the
from the owner members. making registered
to make adjustment investment
additional procedures capital, the
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investment or within 10 days owner of a
to raise from the date of private
contributed completion of enterprise
capital. the payment of may reduce
shares. the capital
only after
registering
with the
business
registration
agency.
Capital - Internal or - Members are In 3 years, only Have the right
transfer external transfer not allowed to founding to rent or sell
if members do transfer part or shareholders private
not buy all. all of their transfer, want to businesses.
contributed transfer to other
capital in the people must be
company to agreed by other
others without founding
the consent of shareholders.
the remaining After 3 years,
general transferable to
partners. anyone.
- Capital
contributing
members are
allowed to
transfer their
contributed
capital to
others.
Internal management
General Chairman of - Members' - The - The General - The owner of
Meeting of the company or Council meets at Members' Meeting of a private
Shareholders, Members' least once a year. Council has the Shareholders is enterprise has
Members' Council right to decide the highest full authority
Council, all business decision-making to decide all
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Board of - Is the highest affairs of the body of a joint business
Directors decision-making company. stock company. activities of
body. the enterprise.
- Members of - Annual General
the Joint Meeting of
Venture have Shareholders
the right to meets once a
request to year, no later
convene a than 4 months
meeting of the from the date of
members' the fiscal year
council. closing.
- The General
Meeting of
Shareholders
may hold an
extraordinary
meeting.
The Board of
Directors has full
authority to
decide issues
that are not
within the
authority of the
General Meeting
of Shareholders.
There are 3 to 11
members or
according to the
rules
Meeting is At least 2/3 of The first time: Important - Important
valid the total When the decisions must decisions of the
number of number of be approved contract of
members attending by a quarter of shareholders
members owns at the board need at least
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attend the least 65% of the members. 65% of the votes
meeting charter capital. Other issues of attending
Last 2 at least are at least shareholders,
50% of charter 2/3. other issues
capital. need 51% of the
3rd: regardless of vote.
the number of - A resolution of
members. the Board of
Directors is
adopted if it is
approved by the
majority of
attending
members.
Adopted - An important - Important - With an - Important
meeting decision decisions need important decisions of the
resolution requires three- 75% of the capital decision General Meeting
fourths of the contributed by approved by of Shareholders
members to members three-fourths need at least
attend the attending the of the partner 65% of the votes
meeting while meeting, while members or of attending
others are or other decisions according to shareholders to
according to need 65% or the company's attend other
the rules. according to the charter, other issues requiring
charter. issues must be at least 51% of
at least 2/3. the vote.
- A resolution of
the Board of
Directors is
adopted if it is
approved by the
majority of
attending
members. In
case of 50/50,
only the
Chairman of the
13
Board of
Directors will
decide.
Supervisory - Appointed - From 11 There is no - In case a joint There is no
Board, owner, tenure members and control board. stock company control board.
Supervisor not exceeding 5 more, a control Members of a has less than 11
years board is required. partnership shareholders
company take and its
turns shareholders are
managing the organizations
company. that own less
than 50% of the
total shares of
the company, a
Supervisory
Board is not
required.
Consists of 3 to 5
members
- More than half

of inspectors
reside in
Vietnam.
- Head of the
Supervisory
Board must be a
professional
accountant and
must work full-
time at the
company or
according to the
charter capital
required to have
accounting or
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auditing practice
certificate.
For example:
WeFit is a product developed and developed by Onaclover Technology Joint Stock

Company (Onaclover JSC.,), Registered in Vietnam. WeFit was officially put into operation in
September 2016, and is growing to become one of the leading brands in the Fitness industry in
Vietnam.
WeFit successfully raised US $ 1 million for pre-series A (first funding round) from
CyberAgent Capital and a number of other investment funds that are still mentioned. WeFit is a
mobile application platform established at the end of 2016, providing users with basic fitness and
beauty services at more than 1,000 locations in Hanoi and Ho Chi Minh City. Through the WeFit
app, users can search and book schedules at gyms and beauty service locations. Not only do users
benefit, service providers also enjoy the benefits of saving part of operating and advertising costs,
and increasing the number of people interested in access to WeFit.
The founder and CEO of WeFit is quite young, born in 1991 - Nguyen Khoi - former
student of Illinois Institute of Technology (USA) in Computer Engineering (computer engineer).
Nguyen Khoi said WeFit was learning from ClassPass - a successful US gym-sharing model. It is
common for startups to study successful business models abroad, not only in Vietnam but also
in many other countries. (hanoimoi, 2019)
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III. Assess the advantages and disadvantages of the formation of different types of business
ownership organization.
❖ Sole proprietorship (Quocluatvn, 2020)
Advantages Disadvantages
• Sole proprietorship is fully proactive in • Because there is no legal status, the risk of
deciding issues related to their business the owner of a private company is high.
operations.
• Unlimited liability: Sole proprietorship is
• Sole proprietorship is less bound by law. responsible for debts not only with the
company's assets but also with the
• Sole proprietorship create trust for property of the business owner.
partners and customers by the infinite
liability regime.
Table 1: The table shows the advantages and disadvantages of sole proprietorship
❖ limited liability company (LLC) (Quocluatvn, 2020)
• The company is only responsible for the • The company's reputation to its partners is
debt amounts within the capital partly affected by the limited liability
contributed to the company, so there is regime.
little risk to the capital contributor.
• Strictly governed by laws rather than
• The capital transfer regime is tightly private enterprises or partnerships.
adjusted so investors can easily control the
change of members, limiting the • There is no right to issue shares to raise
penetration of strangers into the capital.
company.
Table 2: The table shows the advantages and disadvantages of LLC
❖ Single-member limited liability company (Quocluatvn, 2020)
• Due to the legal status, the company's • The capital mobilization of limited liability
members are only responsible for the companies is limited by only one member
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company's activities within the amount of and does not have the right to issue stocks
capital contributed to the company, thus and bonds.
causing little risk to the owner;
• Owner's salaries are not included in the
• The simplest company organizational company's expenses.
structure of all types of businesses;
• The company owner has full authority to

decide all issues related to the company's
operations;
• It is the owner who is in charge of the
accounting of the business without hiring
another person.
Table 3: The table shows the advantages and disadvantages of Single-member LLC
❖ Joint stock company (Quocluatvn, 2020)
• The liability regime of a joint stock • The management and operation of joint
company is limited liability, shareholders stock companies is complicated because
are only responsible for the debt and other the number of shareholders can be very
property obligations of the company large, there are many people who do not
within the contributed capital, so the level know each other and may even split into
of risk of shareholders is not high. opposing groups of shareholders about
benefit.
• Operating capacity of the joint stock
company is very wide, in almost all fields • The establishment and management of
and industries. joint stock companies is also more
complicated than other types of
• The capital structure of the joint stock companies due to the strict regulations of
company is very flexible, enabling many the law, especially financial and
people to contribute capital to the accounting regimes.
company.
• For joint-stock companies, when
transferring their shareholders, their
personal income tax according to the
17
• Having the right to issue shares to raise securities transfer is 0.1% (even though
capital → the ability to raise capital is very the companies have no interest) will still
high. be subject to these personal income tax
rates.
• The transfer of capital in a joint stock
company is relatively easy, so the scope of
participants in the joint stock company is
very wide, even officials and civil servants
have the right to buy shares of joint stock
companies.
Table 4: The table shows the advantages and disadvantages of Joint stock company
❖ Partnerships (Quocluatvn, 2020)
• A partnership is a combination of the • The limitation of a partnership is that the
personal reputation of many people. joint liability regime is indefinitely
Because of the unlimited liability regime of responsible, so the risks of the partners
general partners, the partnership can are very high.
easily create the confidence of its business
partners and partners. • The type of partnership is stipulated in the
2005 Corporate Law but in practice this
• The management of partnership type of company is not popular.
companies is not too complicated due to
the small number of members and
reputable people who absolutely trust
each other.
Table 5: The table shows the advantages and disadvantages of partnerships
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Learning outcome 4: Recommend appropriate legal solutions to resolve areas of dispute.
IV. Law case: The Gateway International School
1) The original cause of the case of Gateway International school
According to initial information, 1st grade students died due to neglect on the school bus. When
the bus arrived at school, two young students went to school on the first days of crying so much
that the supporter, Ms. Quy, took them to the school and went to the dining room, did not check
and did not count the number of students. Quy and Phien failed to check the vehicle until they
picked up the students from school in the afternoon. Long was then found lying on the car's floor,
behind the driver's seat. The result of a forensic examination determined that Le Hoang Long (6
years old) died in the car at 12:30 am to 6:30 pm on August 6, not due to external forces. Cause
of death from respiratory failure and thermal shock. Information about the forensic results was
announced by Hanoi Police Deputy Director Nguyen Thanh Tung on the afternoon of August 27,
2019, 21 days after Long's death.
2) Who are legally liable for this case law?
On January 15, the People's Court of Cau Giay District (Hanoi) sentenced three defendants in the
case of the Gateway School's first-year boys to die of a car accident, on 6.8.2019.
According to the indictment and the happenings at the trial, the Trial Panel determined that Le
Hoang Long (6 years old, first-grade Tokyo student, Gateway School) was left in the car from 7:23
to 16:15 on 6.8. 2019, leading to death. The cause is determined by circulatory failure, thermal
shock due to limited space. No impact of external forces leading to death of the victim.
For defendant Nguyen Bich Quy, the Trial Panel determined that he had not performed his
functions and assigned tasks and left L. in the car. Defendant Doan Quy Phien (54 years old, driver
of the Gateway School shuttle) also did not fulfill his responsibilities in accordance with the Road
Traffic Law.
For defendant Nguyen Thi Thuy (30 years old, head teacher of 1st grade Tokyo, Gateway School)
did not fulfill all responsibilities of the homeroom teacher when she learned that L. was absent
without any reason but not related to his family, which is also the reason why Long died.
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The Trial panel sentenced Phien to 15 months in prison, to Quy to 2 years in prison, and for
unintentional death. With irresponsible charges causing serious consequences, Thuy was
sentenced to 12 months in prison, banned from practicing for 1 year from the date of judgment
execution.
Regarding civil compensation liability, the shuttle service provider, Ngan Ha Company, must pay
VND 249 million to the victims' families. (Hạ, 2019)
3) The details in the law case should be illumined
Below are details that need to be clarified in the international school gateway:
• Gateway International school has up to 4 supervisors and 1 teacher to welcome

students but still leaves Long
According to the information observed by journalists on the day after the incident at
the gate of Gateway International School, each bus to pick up students will be picked up by 4
supervisors and 1 teacher. However, I do not understand why the teacher and the supervisors
left the students in the car. Besides, according to Ms. Quy, the curtains were opened in the
morning so that she could easily observe the places of transportation of students but in the
afternoon when she found out, the curtains were closed.
Previously, according to the information that was originally disclosed because 2 small
students cried so much, the teacher brought him to the classroom first but then forgot the baby
L.H.L in the car. (Quỳnh, 2020)
• How do injection marks appear on victim's body?
At the January 14 morning trial, the Trial Panel (HDXX) announced the results of
autopsy of Le Hoang Long: "The right inguinal area has skin punctures, stretch marks of 2x1 cm
area, the area the left groin has skin punctures, cracked injection areas of 2x0.8cm ". In addition,
Long's body also has scratches.
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However, lawyer Nguyen Thanh Son said: "The scratches on the body have been
explained, but during the trial, the circumstances on Long's body have many injections in the
groin area has not been clarified.". (Quỳnh, 2020)
• How was the victim's shirt changed?
The indictment of the Cau Giay People's Procuracy and the witnesses' testimony
confirmed that in the morning before going to school Long wore a red shirt, dark pants, and black
and red sandals ... But until 4:15 pm 6/8, when he was found dead on the floor of a car, the victim
wore a white shirt, a sweaty red shirt was stored in a backpack. (Quỳnh, 2020)
• Defendant Phien went, doing nothing from 8 am to 11 am 6/8/2019
Before the answer of Mr. Phien, lawyer Son stated: in the minutes of working on
December 25, 2019 with the investigating agency, Mr. Phien declared: In about 3 hours (from 8
am - 11 am) he went home and opened the door. but no one, then stayed indoors until afternoon.
But also in the December 25 working minutes, the investigating agency determined
that the basement camera B1 CT2 apartment of the Ministry of Public Security (where Mr. Phien
lived) recorded the image: At around 5:37 am Phien took his motorbike to leave the basement. ,
at 11h07 he returned to park the car; 15h19 left again. "So, from 8am - 11pm where did Phan
go?", The question was asked. (Quỳnh, 2020)
• Gateway School Responsibilities
The case file stated that 8 am defendant Thuy - the head of Long class - reported
Long's absence to the school and the clerk's office, but no one checked and informed the parents.
Until 11:30, Thuy continued to inform a person in the staff room "still missing Long," but the
school still did not inform the family.
The court hearing on January 14 released videos recorded from the school's security
cameras, such as the scene of taking students to school, the scenes of Ms. Quy leading the
children to the cafeteria; scene of Phien bringing the car back to the parking lot, the scene of
discovering Long in the car, the emergency scene in the medical room ... However, the most
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important scene - the student got out of the car - to determine whether or not it happened Long
forgot about the bus again unknown. (Quỳnh, 2020)
4) Apply laws for this case
The defendants in the case going to trial tomorrow include Doan Doan Phien (SN
1966, resident in Cau Giay District); shuttle Nguyen Bich Quy (1964, residing in Cau Giay district),
together being charged with "Accidental death", under Clause 1, Article 128 of the Penal Code.
Defendant Nguyen Thi Thuy (head teacher of grade 1 of Tokyo, Gateway School) is
charged with "Lack of serious responsibility, causing serious consequences", prescribed in Clause
1, Article 360 of the Penal Code.
Article 128. Crime of unintentional death
1. Those who accidentally cause death, shall be subject to non-custodial reform for up to 3 years
or a prison term of between 1 and 5 years.
2. Committing the crime and causing two or more deaths, the offenders shall be sentenced to
between three and 10 years of imprisonment. (Admin, 2019)
Article 360. Irresponsibility causes serious consequences (hoangsalaw, 2019)
1. Those who hold positions and powers due to irresponsibility but fail to perform or
perform improperly the assigned tasks in one of the following cases, except for cases prescribed
in Articles 179, 308 and 376 of This Code, shall be subject to non-custodial reform for up to 03
years or a prison term of between 06 months and 05 years:
a. Causing death of 01 person or injury or harm to the health of 01 person with an infirmity
rate of 61% or higher;
b. Inflicting injury or damage to health of two people with an infirmity rate of between 31%
and 60% for each;
c. Inflicting injury or damage to health of three or more people with the total physical injury
rate of these people from 61% to 121%
d. Causing damage to property of between VND 100,000,000 and under VND 500,000,000.
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2. Committing the crime in one of the following circumstances, the offenders shall be
sentenced to between three and seven years of imprisonment:
a. Causing the death of 02 people;
b. Causing bodily injury or damage to 02 people with an infirmity rate of 61% or more for
each person;
c. The offense results in bodily harm to 03 people or more whose total body injury rate is
between 122% and 200%;
d. Causing damage to property of between VND 500,000,000 and under VND 1,500,000,000.
3. Committing the crime in one of the following circumstances, the offenders shall be
sentenced to between seven and 12 years of imprisonment:
a. Causing the death of 03 people or more;
b. Causing bodily injury or damage to 03 people or more with an infirmity rate of 61% or
more for each person;
c. The offense results in bodily harm to ≥ 03 people who suffer from a total physical disability
of ≥ 201%;
d. Causing damage to property of VND 1,500,000,000 or more.
4. Persons holding positions and powers for being irresponsible but failing to perform or
performing improperly assigned tasks, causing injury or harm to the health of 1 person with an
infirmity rate of between 31% and 60% or cause injury or harm to the health of two or more
people with the total physical injury rate of these people is from 31% to 60%, except for cases
prescribed in Articles 179, 308 and 376 of this Code, shall be subject to non-custodial reform for
up to 02 years or a prison term of between 3 months and 02 years.
5. Offenders are also prohibited from holding certain posts, practicing certain occupations or
doing certain jobs for between 1 and 5 years.
23
5) Do you agree with the verdict of trial court? Explain why do you agree or disagree?
In my opinion, I agree with the court's sentence in the gateway international school
case against the defendant, Nguyen Bich Quy (56 years old, supervisor on the school bus from
Gateway School) 2 years in prison. However, this sentence is a little heavy, so it should reduce
the sentence for the defendant. Besides, I also agree Doan Quy Phien (54 years old, driver of a
school bus to Gateway School) 15 months in prison for "accidentally killing". But in the case of
the defendant of Nguyen Thi Thuy, I totally disagree with the accused of Nguyen Thi Thuy (30
years old, first-class teacher of Tokyo Gateway School), who was sentenced to 12 months in
prison for being irresponsible with serious consequences. In addition, this female teacher has
been banned from practicing as a teacher for 1 year from the date of execution of the sentence.
In the case of the defendant of the quarter, Quy accepted to work as a pick-up and
drop-off student with Ngan Ha Transport and Tourism Co., Ltd. but no contract or training.
However, the defendant Quy with the role and responsibility of being a school bus supervisor but
not able to take care of, omitting the student, so this defendant fully deserves the court's
sentence. In the case of defendant Phan, he has not signed a labor contract with Ngan Ha
Company and the unfortunate incident due to negligence and inadvertent inspection of the car
before parking led to the unfortunate incident of Le Hoang Long. Finally, Thuy's defendant, she
reported and updated Long's information to the school but the school has yet to notify or call the
student's parents. Moreover, the court's verdict against this defendant is quite heavy so the court
should consider reducing the penalty to soon have the opportunity to return to work, contribute
to society, redeem the mistake made. (LĐO, 2020)
6) As a legal consultant, give recommendations to solve this law case legally.
In this case, there are many details that have not been clarified, such as the school's
duties, which are indispensable, but the victims' relatives and the trial panel, the court does not
ask or question anything about the responsibility. responsibility of the school. Therefore, there
are a number of court judgments for the defendants in this case which are a bit inadequate.
Though on above analysis, As I am a legal consultant, I will give recommendations to solve this
law case legally. Based on Article 360 (Irresponsibility causes serious consequences), I will
recommend to reduce Nguyen Thi Thuy's sentence to 9 months in prison and prohibit her from
becoming a teacher within 3 months, because this is the fault of the school not to notify Long's
current situation towards the Long's family, the school is not responsible for this case. In addition,
considering the case of Gateway principal based on Article 99, Criminal Code "Crime of
unintentional murder for violating professional or administrative rules".
24
7) Suggestions to educational institutions and to lawmakers in Vietnam to avoid the
similar law case in the future
Through the Gateway International School case, to avoid cases of law similar to the
gateway international school, I will give some suggestion to improve educational institutions and
to lawmakers in Vietnam in the future. First, the parents of students need to coordinate with the
school to teach and educate the basic skills and knowledge needed to respond to unfortunate
situations in the future. Second, educational institutions must have training programs, lessons
between teachers, managers and lecturers must be standard in order to cooperate, and
coordinate good guidance to young students. In addition, the school's management system must
ensure strict safety for students. For example, signing or hiring a teacher or driver to transport
students must make the contract transparent, and each individual must assume his or her
responsibilities to avoid similar incidents. Besides, I suggest the school should have a system to
check, attendance of the students as well as alert the remaining children on the bus. It also
provides training for school bus drivers and children supervising teachers on buses.
Moreover, I requested the Ministry or Education and Training strengthen measures

to ensure safety for children and have specific regulations and directions for schools in providing
bus services to ensure quality and safety. The education sector has improved teaching for sure,
but focus seems to be put too much on renovating textbooks and learning methods. Teachers
and students also need to be equipped with essential life skills to prevent such incidents. What
we also need is to reform to build a safer, healthier and a more friendly environment for the kids
to make schools a real safe place to learn and play. It is also necessary to raise public awareness
and responsibilities to prevent risks such as traffic accidents, fire or natural disasters, that are
threatening children everywhere and at any time.
25
V. Law case: Asanzo files lawsuit against Tuoi Tre newspaper over origins of products.
1) The original cause of the case of Asanzo files lawsuit against Tuoi Tre newspaper over
origins of products.
The case begins with a series of articles in Tuoi Tre newspaper that fake the origin of household
electrical goods and describes Asanzo's television production process as just assembling four
simple blocks of components imported from China and then mounting the origin of Vietnam.
causing consumers to misunderstand ...
According to the company, despite working with this report on the above information is false
allegations but the Youth newspaper did not listen to their presentation. Therefore, Asanzo
requested Tuoi Tre newspaper to correct the information and apologize publicly. At the same
time, the company reserves the right to claim the damages that it thinks is caused by Tuoi Tre
Newspaper...
A number of major electronics supermarkets across the country such as Nguyen Kim Electronics,
Green Electronics, Cho Lon Electronics ... have announced the exchange of Asanzo-branded
television products, causing the brand to decline significantly about revenue. (Yến, 2019)
2) The winner over the lawsuit
In this case, Asanzo will be the winner of the youth newspaper's accessories that have
spread false and inaccurate rumors affecting the company's revenue. Because Vietnamese law
now provides that for a product to be considered "made in Vietnam", it is sufficient to assemble
only in Vietnam, thus, Asanzo products meet the conditions of being labeled "made in Vietnam".
In addition, the law of Vietnam has not specified the origin of goods, so Asanzo in this case has
not violated the law and the regulations of the state. Therefore, the fact that Asanzo reported
that Asanzo's products were Chinese products in Vietnamese clothing, although they correctly
reported the nature of the incident, they were not legally valid, so Tuoi Tre Newspaper suffered
liability for damages to Asanzo. (tgslaw, 2019)
3) The detail in the law case should be illumined

o The Head of Tuoi Tre newspapers, said that the immediate notice has not been
officially notified from the People's Court of District 11 about the lawsuit of Asanzo
company. Therefore, because the content of the lawsuit is not clear, the newspaper
26
has not provided feedback on this incident. Moreover, the two sides have not made
any move about the lawsuit for a long time, which is postponed so this is an element
that needs to be clarified and illuminated. (Yến, 2019)
o The General Department of Market Management has listed companies related to

Asanzo. It is noteworthy that among these agencies, the market management agency
has verified that there are many businesses operating but the address is not clear, not
real or even inactive companies ... but there are transactions of sales, import and
export of electronic components, consumer electrical appliances, electronics up to
trillions of dong. This is a report of the work done, results of verification, investigation,
and collection of information related to the responsibility of the regulator, rather than
a conclusive report. (tuoitre, 2019)
o Do retailers and supermarkets regularly check these businesses according to the

periodic inspection regulations or do supermarkets help businesses?
4) The laws will be applied to this case
In the case of Asanzo in order to determine whether the company's products are
“Made in Vietnam” products, it is necessary to understand the legal provisions on the origin of
goods, the labeling of goods associated with inspection, reconciliation and evaluation of customs
declaration documents when importing goods of Asanzo.
Firstly, from the perspective of trademarks, there are no specific regulations on

criteria to identify goods labeled "made in Vietnam".
Second, in terms of origin of goods. To determine whether goods or products are

originating in Vietnam, the Government's Decree No. 31/2018 / ND-CP of March 8, 2018,
detailing the Law on Foreign Trade Management Origin of goods. Accordingly, the basis for
determining "goods originating in Vietnam" is to be granted certificates of goods origin (C / O) or
documents certifying goods origin of Vietnam in order to enjoy tax incentives. or non-tariff when
exporting to markets that Vietnam has international commitments to.
27
Third, in terms of geographical indications in accordance with the 2005 Intellectual
Property Law, amended and supplemented in 2009, a geographical indication is protected for a
product if it is of geographical origin, reputation, quality or major characteristics of the territory
in accordance with that geographical indication. This is a provision for the protection of
geographical indications for a specific product from a defined territory, not for the labeling of
goods made in Vietnam in general.
❖ Decree No. 31/2018 / ND-CP
Article 3. Interpretation of terms (thuvienphapluat, 2018)
According to this Decree, the following terms are construed as follows:
1. Origin of goods means a country, a group of countries, or a territory where the whole goods
are manufactured or where the last stage of basic processing of goods is carried out in case of
many countries, groups of countries, or territory involved in the production of that good.
2. Preferential rules of origin are rules of origin applicable to goods with commitments or
preferential agreements on tariffs and non-tariff preferences.
3. Non-preferential rules of origin are those applicable to goods other than those specified in
Clause 2 of this Article and in the case of non-preferential trade measures applicable to most
favored nation treatment, anti-dumping, anti-subsidy, safeguard, quantitative or quota
restrictions, government procurement and trade statistics.
4. Certificates of origin of goods are documents or forms of equivalent legal validity granted by
agencies, organizations of countries, groups of countries or territories exporting goods based on
regulations and requirements. related origin requirement, specifying the origin of the goods.
5. Certificates of origin of back-to-back goods are certificates of origin of goods under the
provisions of international treaties which Vietnam has signed or acceded to, granted by
intermediary exporting countries based on certificates. receiving the origin of goods from the
first exporting member country.
28
6. Certificate of unchanged goods is a certificate granted to foreign goods that are put into
bonded warehouses of Vietnam, then exported to other countries and brought into inland on the
basis of the certificate. Origin goods were granted first.
7. Self-certification of origin of goods is a form of goods self-declaration and commitment by

origin of goods as prescribed by law.
8. Goods self-certification of origin is a document or other forms of equivalent legal validity issued
by traders themselves according to the provisions of Clause 7 of this Article.
9. Conversion of commodity codes means a change in HS codes (in the Export Tariff, Import Tariff)
of goods created in a country, group of countries, or territories in the production process. from
non-originating materials of this country, group of countries, or territories.
10. Percentage of value means the amount of value obtained sufficient to be considered to be
originating in a country, group of countries, or territories where the final stage of production,
processing or processing takes place. This ratio is determined as the value added calculated on
the total value of goods manufactured, processed or processed in a country, group of countries,
or territories after deducting the cost of raw materials. the import does not belong to that
country, group of countries, or territory or the value of the raw material cannot be determined
as origin to produce goods.
11. Goods processing and processing is the main production process creating basic characteristics
of goods.
twelfth; A fundamental change is the goods being transformed through the production process,
to form a new commercial item, with a difference in shape, features, basic characteristics, or
intended use compared to the original goods. head.
13. Simple operation without the use of special skills, machines, chains or specialized equipment.
29
14. Production is a means to create goods, including cultivation, mining, harvest, breeding,
breeding, extracting, gathering, gathering, hunting, fishing, trapping, hunting. , manufacturing,
processing, processing or assembly.
15. Raw material means any material or material used or consumed in the production of goods,
or naturally incorporated into another good, or engaged in the process of producing a goods.
other chemicals.
16. Originating goods or originating materials means goods or materials meeting preferential
rules of origin in accordance with Chapter II or non-preferential rules of origin in accordance with
Chapter III of this Decree.
17. Traders applying for certificates of origin of goods are exporters, producers, and lawful
representatives of exporters or manufacturers.
Article 4. Preferential rules of origin under international treaties (thuvienphapluat, 2018)
The determination of the origin of export goods and imported goods to enjoy preferential tariff
and non-tariff regimes shall comply with the international treaties which Vietnam has signed or
acceded to and under the Ministry's regulations. Industry and Trade guide that International
Treaty.
❖ Decree 19/2006 / ND-CP (thuvienphapluat, 2006)
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. "Origin of goods" means a country or territory where all goods are produced or where the last
stage of basic processing of goods is carried out in case there are many participating countries or
territories. into the production of that good.
2. "Preferential rules of origin" mean rules of origin, which apply to goods with agreements on
tariff preferences and non-tariff preferences.
30
3. "Non-preferential rules of origin" mean rules of origin applicable to goods other than those
specified in Clause 2 of this Article and in the case of non-preferential trade measures applicable
to maximum treatment. most favored nation, anti-dumping, anti-subsidy, safeguard, quantity or
quota restrictions, government procurement and trade statistics.
4. "Certificate of origin" means a document issued by an organization of a country or territory

exporting goods based on relevant regulations and requirements of origin, clearly stating the
origin of goods. there.
5. "Conversion of commodity codes" means a change in HS codes (in the Import and Export Tariff)
of goods created in a country or territory in the process of manufacturing from raw materials
without origin of this country or territory.
6. "Percentage of value" means the portion of added value obtained after a country or territory
produces, processes or processes materials that do not originate from the country or territory.
This is compared to the total value of goods produced.
7. "Goods processing and processing stage" means a major production process creating the basic
characteristics of goods.
8. "Fundamental change" means a commodity being transformed through a production process,

in order to form a new commercial article, which is different in shape, feature, basic feature, or
purpose. Used compared to the original goods.
9. "Production" means methods for creating goods including cultivation, mining, harvesting,
breeding, extracting, gathering, gathering, fishing, trapping, hunting, manufacturing, processing,
machining or assembly.
10. "Materials" include raw materials, components, spare parts, components, knocked down
parts and goods which may be assembled to make other goods after undergoing a production
process.
11. "Product" means an article of commercial value that has undergone one or more processes
of production.
12. Goods include raw materials or products.
❖ Resolution No. 51/2001 / QH10 (thuvienphapluat, 2005)
Chapter 6
PROTECTION CONDITIONS FOR GEOGRAPHICAL INDICATIONS
31
Article 79. General conditions for protected geographical indications
Geographical indications are protected if the following conditions are met:
1. Products bearing geographical indications of geographical origin from regions, localities,

territories or countries corresponding to geographical indications;
2. Products bearing geographical indications with reputation, quality or characteristics are mainly
determined by the geographical conditions of the region, locality, territory or country
corresponding to that geographical indication.
Article 80. Objects not protected as geographical indications
The following objects are not protected as geographical indications:
1. Names and indications have become common names of goods in Vietnam;
2. Geographical indications of foreign countries where such geographical indications are not
protected, have been terminated or no longer used;
3. The geographical indication is identical or similar to a trademark being protected, if the use of
such geographical indication is made, it will cause confusion as to the origin of the product;
4. Geographical indications mislead consumers about the true geographical origin of products
bearing such geographical indications.
Article 81. Reputation, quality and characteristics of products bearing geographical indications
1. The reputation of a product bearing a geographical indication is determined by the level of

consumer confidence in that product through the extent to which consumers know and select
that product.
2. The quality and characteristics of products bearing geographical indications are determined by
one or several qualitative, quantitative or sensory criteria of physical, chemical, microbiological
and such criteria must be capable of Test capability by technical means or experts with
appropriate testing methods.
Article 82. Geographical conditions related to geographical indications
32
1. Geographical conditions related to geographical indications are natural factors and human
factors that determine the reputation, quality and characteristics of products bearing such
geographical indications.
2. Natural factors include factors such as climate, hydrology, geology, topography, ecosystems
and other natural conditions.
3. Human factors include skills and techniques of producers and traditional local production
processes.
Article 83. Geographical area bearing geographical indications
Geographic areas bearing geographical indications have boundaries that are precisely
determined by words and maps.
5) As a legal consultant, give recommendations to solve this lawsuit legally and which side
will you support? Why?
During the process of Asanzo's lawsuit against Tuoi Tre newspaper, there was a lot
of information on both sides that was incomplete, specific and up to now, there was no additional
information for the court. In addition, the laws of Vietnam still do not have clear content, exact
or specific description of the origin of goods, full of the concept "Made in Vietnam". Therefore, i
will give some recommendations to resolve this case legally as a legal consultant. First, the asanzo
company should have a legal team to clearly analyze the direction of the company's plans to
avoid such cases. In addition, there is a hole in Vietnamese law, so many businesses have suffered
from this problem, not only asanzo, such as khaisilk. Therefore, I recommend that there should
be specific rules, documents, a concept about the label "made in Vietnam", the origin of goods
and the addition of tax regulations to avoid the case that businesses take advantage of a score
to evade the rules and avoid repeating. In addition, there are 2 cases to legally handle this case:
In the first case, if Tuoi Tre Newspaper has evidence of Asanzo peeling off the label
"made in China" to replace it with "made in Vietnam", then Tuoi Tre Newspaper can report that
Asanzo has switched the origin of goods. Thus, Tuoi Tre Newspaper has properly reported on the
nature of the incident. In the second case, the current Vietnamese law provides that for a product
to be considered "made in Vietnam", only assembling in Vietnam is sufficient, so is the product
of Asanzo. Satisfying the conditions labeled "made in Vietnam", Tuoi Tre Newspaper is
33
responsible for compensating damages to Asanzo even though despite reporting the true nature
of the incident, it is not legally valid.
Although legal, legal, the company Asanzo is not right or wrong because this is a flaw
of the law in Vietnam. However, if only that much is not worth mentioning, here the Asanzo
company has deceived consumers' beliefs affecting the dignity and pride of the Vietnamese
nation. Therefore, I support the Tuoi Tre Newspaper, they take a very smart, correct and
definitive step for penetrating the market, asanzo's system to investigate and disclose
information of asanzo's goods. I encourage Vietnamese businesses and people who are
Vietnamese people to use "high quality Vietnamese goods" in order to promote the development
of domestic production, protect the legitimate rights and interests of Vietnamese manufacturers;
Maintain export growth in a sustainable manner; Attracting cooperation, foreign investment in
high-tech projects with high added value, pervasive impact, connecting global production and
supply chains...
6) At the Asanzo’s position, provide three legal solutions to overcome the similar law case
in the future.
Asanzo should have a dedicated legal team to help the company aim to make the
best decision and at the same time avoid unwanted legal risks. The percentage of the value of
goods is the value added gained after a country or territory produces, processes or processes
materials that do not originate from this country or territory. With the total value of the goods
produced and this rate ≥ 30% of the market they still have the right to label Made in Vietnam.
In addition, Asanzo must be knowledgeable about taxes, comply with regulations like
many other businesses on state tax payment policies such as corporate income tax or VAT.
Compliance with such tax policies of the state will reduce the status of law evasion, used as a way
to avoid tax of other businesses in the future.
Moreover, the Asanzo Company should carry out procedures or register intellectual
property rights for industrial property to ensure geographical indications for the product.
Because this is a regulation for the protection of geographical indications for a specific product
from a defined territory, there is no provision for labeling of goods made in Vietnam in general.
(Dung, 2019)
34
7) Recommend legal solutions based upon a different country’s legal system and/or a
different legal framework. Evaluate the effectiveness of each legal solution.
At both the federal and state level, there are regulations and laws, the violation of
which includes criminal sanctions, which the party risks violating if it is selling falsely labeled
goods. In addition, the party may be liable to anyone who is “harmed” by purchasing falsely
labeled products. In selling falsely labeled goods, the party runs the risk of violation of Federal
origin labeling laws, Federal and State false advertising laws, and liability to the purchaser of the
products under theories of fraud and violations of California Civil Code. (stimmel-law, 2019)
The country of origin of goods sold in the United States is regulated under 19 USC §
1304, which regulates the marking of imported articles and containers. It requires goods
imported into the United States to be marked in writing on the goods which states the origin of
the article. Violation of this statute is criminally punishable upon conviction for the first violation
with fines up to $100,000, and imprisonment of up to 1 year. 19 USC § 1304(l). If a party becomes
aware that the origin markings on a product are false, or wrong, although the party is not part of
the fraud in the first place, their complicity would implicate them under this statute. (stimmel-
law, 2019)
Therefore, I suggest apply the 19 U.S. Code §1304.Marking of imported articles and
containers of the US into Vietnam so that businesses should comply with specific provisions on
the labeling of goods origin to protect goods produced in that country in general and protect
Trademark protection of specific products.
❖ 19 U.S. Code §1304.Marking of imported articles and containers (law.cornell, 2019)
(a) Marking of articles Except as hereinafter provided, every article of foreign origin (or its
container, as provided in subsection (b) here) imported into the United States shall be marked in
a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or
container) will permit in such manner as to indicate to an ultimate purchaser in the United States
the English name of the country of origin of the article. The Secretary of the Treasury may by
regulations—
(1)Determine the character of words and phrases or abbreviations thereof which shall be
acceptable as indicating the country of origin and prescribe any reasonable method of marking,
35
whether by printing, stenciling, stamping, branding, labeling, or by any other reasonable method,
and a conspicuous place on the article (or container) where the marking shall appear;
(2) Require the addition of any other words or symbols which may be appropriate to prevent
deception or mistake as to the origin of the article or as to the origin of any other article with
which such imported article is usually combined subsequent to importation but before delivery
to an ultimate purchaser; and
(3) Authorize the exception of any article from the requirements of marking if—
(A)Such article is incapable of being marked;
(B)Such article cannot be marked prior to shipment to the United States without injury;
(C)Such article cannot be marked prior to shipment to the United States, except at an expense
economically prohibitive of its importation;
(D)The marking of a container of such article will reasonably indicate the origin of such article;
(E)Such article is a crude substance;
(F)Such article is imported for use by the importer and not intended for sale in its imported or
any other form;
(G)Such article is to be processed in the United States by the importer or for his account
otherwise than for the purpose of concealing the origin of such article and in such manner that
any mark contemplated by this section would necessarily be obliterated, destroyed, or
permanently concealed;
(H)An ultimate purchaser, by reason of the character of such article or by reason of the
circumstances of its importation, must necessarily know the country of origin of such article even
though it is not marked to indicate its origin;
(I)Such article was produced more than twenty years prior to its importation into the United
States;
(J)Such article is of a class or kind with respect to which the Secretary of the Treasury has given
notice by publication in the weekly Treasury Decisions within two years after July 1, 1937, that
articles of such class or kind were imported in substantial quantities during the five-year period
immediately preceding January 1, 1937, and were not required during such period to be marked
to indicate their origin: Provided, That this subdivision shall not apply after September 1, 1938,
to sawed lumber and timbers, telephone, trolley, electric-light, and telegraph poles of wood, and
bundles of shingles; but the President is authorized to suspend the effectiveness of this proviso
36
if he finds such action required to carry out any trade agreement entered into under the authority
of sections 1351, 1352, 1353, 1354 of this title, as extended; or
(K)Such article cannot be marked after importation except at any expense which is economically
prohibitive, and the failure to mark the article before importation was not due to any purpose of
the importer, producer, seller, or shipper to avoid compliance with this section.
(b)Marking of containers
Whenever an article is excepted under subdivision (3) of subsection (a) of this section from the
requirements of marking, the immediate container, if any, of such article, or such other container
or containers of such article as may be prescribed by the Secretary of the Treasury, shall be
marked in such manner as to indicate to an ultimate purchaser in the United States the English
name of the country of origin of such article, subject to all provisions of this section, including the
same exceptions as are applicable to articles under subdivision (3) of subsection (a). If articles are
excepted from marking requirements under clause (F), (G), or (H) of subdivision (3) of subsection
(a) of this section, their usual containers shall not be subject to the marking requirements of this
section. Usual containers in use as such at the time of importation shall in no case be required to
be marked to show the country of their own origin.
(l)Penalties: Any person who, with intent to conceal the information given thereby or contained
therein, defaces, destroys, removes, alters, covers, obscures, or obliterates any mark required
under the provisions of this chapter shall—
(1) Upon conviction for the first violation of this subsection, be fined not more than $100,000, or
imprisoned for not more than 1 year, or both; and
(2) Upon conviction for the second or any subsequent violation of this subsection, be fined not
more than $250,000, or imprisoned for not more than 1 year, or both.
37
Conclusion
Through the assignment, it shows and describe each type of business organizations are formed
legally and funded. It also evaluates the advantage and disadvantages of five types of business
organizations. During the research, I have found and found the original cause of law case of
Gateway international school and Asanzo files against Tuoi Tre newspaper. Specifically, I have
provided 2 articles that apply to the gateway school's case, articles 128 and 360. Besides,
Asanzo case, I applied decree No. 31/2018 / ND-CP, Decree 19/2006 / ND-CP and Resolution
No. 51/2001 / QH10. Moreover, during the course of my research, I learned a lot about the
laws, learned about the two events mentioned in the report, pointed out the lighting points and
as a legal consultant, I came up with a solution. legal to resolve two law cases legally.
In addition, I also suggest personal opinions for two cases that have reasonable
recommendations to avoid unfortunate events in the future and besides, through these two
cases, it also shows that the ministries There are several gaps in Vietnamese laws, regulations
or policies that lead to situations like these two. Finally, I provide the recommendation of the
law of 19 U.S. Code §1304 Marking of imported articles and containers to evaluate and
compare between the two legal systems, review and draw out good things to complement the
legal system.
This background knowledge about business laws that provided to me a lot in understanding,
analyzing for law cases and supporting to resolve disputes. Therefore, I will take knowledge
from two practical cases in Vietnam through this assignment to apply useful in real life and in
order to enhance one’s professional career in the future.
38
References
Bibliography
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ACCESSOR: PHAM HOANG HIEN

WRITTEN BY: PHAM HUU KHAI

I. Introduction to different type of business ownership in Vietnam.

Sole proprietorship is an economic organization that is allowed to register its

❖ limited liability company (LLC)

❖ Joint stock company (JSC)

❖ The similarities between types of businesses

Responsibilities of capital contributors: Members of limited liability companies and

• The similarities between partnerships and joint stock companies

Criteria Single-member Limited liability Partnership Joint stock Sole

- More than half

WeFit is a product developed and developed by Onaclover Technology Joint Stock

❖ Sole proprietorship (Quocluatvn, 2020)

❖ limited liability company (LLC) (Quocluatvn, 2020)

❖ Single-member limited liability company (Quocluatvn, 2020)

• The company owner has full authority to

❖ Joint stock company (Quocluatvn, 2020)

❖ Partnerships (Quocluatvn, 2020)

IV. Law case: The Gateway International School

1) The original cause of the case of Gateway International school

2) Who are legally liable for this case law?

3) The details in the law case should be illumined

• Gateway International school has up to 4 supervisors and 1 teacher to welcome

• How do injection marks appear on victim's body?

• How was the victim's shirt changed?

• Defendant Phien went, doing nothing from 8 am to 11 am 6/8/2019

• Gateway School Responsibilities

4) Apply laws for this case

Article 128. Crime of unintentional death

Article 360. Irresponsibility causes serious consequences (hoangsalaw, 2019)

a. Causing the death of 02 people;

a. Causing the death of 03 people or more;

d. Causing damage to property of VND 1,500,000,000 or more.

6) As a legal consultant, give recommendations to solve this law case legally.

Moreover, I requested the Ministry or Education and Training strengthen measures

2) The winner over the lawsuit

3) The detail in the law case should be illumined

o The General Department of Market Management has listed companies related to

o Do retailers and supermarkets regularly check these businesses according to the

4) The laws will be applied to this case

Firstly, from the perspective of trademarks, there are no specific regulations on

Second, in terms of origin of goods. To determine whether goods or products are

❖ Decree No. 31/2018 / ND-CP

Article 3. Interpretation of terms (thuvienphapluat, 2018)

According to this Decree, the following terms are construed as follows:

7. Self-certification of origin of goods is a form of goods self-declaration and commitment by

Article 4. Preferential rules of origin under international treaties (thuvienphapluat, 2018)

❖ Decree 19/2006 / ND-CP (thuvienphapluat, 2006)

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

4. "Certificate of origin" means a document issued by an organization of a country or territory

8. "Fundamental change" means a commodity being transformed through a production process,

12. Goods include raw materials or products.

❖ Resolution No. 51/2001 / QH10 (thuvienphapluat, 2005)

PROTECTION CONDITIONS FOR GEOGRAPHICAL INDICATIONS

Geographical indications are protected if the following conditions are met:

1. Products bearing geographical indications of geographical origin from regions, localities,

Article 80. Objects not protected as geographical indications

The following objects are not protected as geographical indications:

1. Names and indications have become common names of goods in Vietnam;

1. The reputation of a product bearing a geographical indication is determined by the level of

Article 82. Geographical conditions related to geographical indications

Article 83. Geographical area bearing geographical indications