ASSIGNMENT 1 FRONT SHEET

Qualification BTEC Level 4 HND Diploma in Business

Unit number and title Unit7: Business Law

Submission date Date Received 1st submission

Re-submission Date Date Received 2nd submission

Student Name Huynh Tien Dat Student ID GBS210730

Class GBS1008 Assessor name Do Minh Tuan

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Table of Contents

I. Introduction.................................................................................................................................................4

II. Explain the definition of Law...................................................................................................................4

III. Explain the purposes of Law..................................................................................................................4
IV. Explain the purposes of Enterprise Law 2020.......................................................................................4
V.Explain the main differences between Case law and Statutory law. Providing examples to
demonstrate the differences
5
1. Explain the main differences between Case law and Statutory law.................................................................5
2. Providing examples to demonstrate the differences.........................................................................................6
VI. Explain the role of the UK Parliament...................................................................................................6
VII. Explain the role of the Vietnamese Government in law making.........................................................6
VIII. Explain how the court applied statutory law and common law in justice court. Providing example
of 1 precedent in the UK court
7
1. Explain how the court applied statutory law and common law in justice court.......................................7
2. Providing example of 1 precedent in the UK court......................................................................................7
IX. Conclusion...............................................................................................................................................7
X. References.................................................................................................................................................8

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I. Introduction
The law is responsible for building and sustaining society. Under the supervision of the necessary government
authority, a country's legal framework can give legal protection against any offense committed against any
individual or organization, as well as underline their rights and duties. The rule of law is beneficial to a country's
economy and stability. This paper will look at general topics in the legal system, diligently on the legal system in
the United Kingdom in terms of distinguishing UK law references, the legislative process, and the application of
the law in the courts of justice.
II. Explain Definition of Law

Laws are rules of behavior imposed by the government or society over a certain territory. According to
(Gibbs, 1968), laws follow certain traditions and customs in order to cope with social ties, crime,
property, business, money, and so on. The ruling power is in charge of enforcing and controlling the law.
Comparative law studies the differences in legal systems among countries. Concerns regarding equity,
fairness, and justice abound when it comes to the rule of law.

It is essential for people to be able to distinguish between them in their daily lives because society has
many more rules and policies than just laws. On the one hand, it needs to be approved by lawmakers in
order to become a law. A bill must be written, sponsored by a politician, examined, and approved by the
authorities after going through numerous committees and budget hearings before being signed into law.
Contrarily, a regulation is made by a government agency to implement a particular piece of legislation
and is not subject to approval. Before a decision is made regarding whether to approve, modify, or reject
a regulation, a public hearing is held. An aspect of a person's morals and principles is referred to by the
term "ethics.". (Hardin, 2001)
Besides, it is also a system of rules and norms of the community and society (Rights, 2020). Morality is
thus a blueprint and benchmark for creating a lifestyle that is ideal for each individual. Morality,
however, greatly from the law. For instance, Vietnam's 2014 Law on Marriage and Family, Clause 2,
Article 71, states: "Children have the duty and right to care for and support their parents, especially
when their parents lose their civil act capacity, are ill, grow old and weak, or have disabilities. If there
are multiple children in a family, they are all responsible for taking care of and supporting the parents.
According to the law, it is the responsibility of the children to care for their parents. Morality
determines whether or not one should show parental loyalty or take good care of their parents.

III. Explain The Purposes of Law

Maintaining order: Setting standards calls for this. The legal framework's hierarchy must be obvious and
appropriate. When the law is upheld, it brings about order that is consistent with societal ideals. (J. Kassner,
2019)

Establishing standards: The law shows the line between what is acceptable and unacceptable behavior. Laws
are seen as standards for socially acceptable behaviors (J. Kassner, 2019). For example, there are some acts that
are considered crimes such as assault, murder, etc (except in some cases where it is considered self-defense) and
the law does not tolerate such actions.

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 Protecting liberties and rights: Laws protect an individual's rights and freedoms from another individual, from
organizations and even from the Government. The Universal Declaration of Human Rights, adopted
internationally in 1948 in France, lists the fundamental rights that all individuals, regardless of race, color, sex,
language, religion, or political opinion. or any other opinion, nationality or social origin, property, place of birth,
or all other circumstances. The government is prohibited from making any law that restricts an individual's right
to free speech under the First Amendment of the Bill of Rights. Some exclusions exist based on the definition of
free speech.

Resolving agreement: Disputes are inevitably in a society between people with different needs and wants. Laws
are designed to settle such agreement, minimizing the need for forceful agreement between people of different
views, wants or needs. The court system is the official legal body for resolving dispute. There are also less formal
methods of dispute resolution such as conciliation or arbitration.

IV. Explain the purposes of Enterprise Law 2020.

The Enterprise Law 2020 is a set of rules that will help businesses grow in a fair and responsible way. It
will make it easier for them to get money and resources to make things and sell them. This will make the
country better at doing business with other countries. The Business Law 2020 has four goals to help
businesses do better. (Kiemsat, 2020)

The first objective is to make it easier for businesses to start up and register, reducing the costs and time
associated with doing so. This will help countries move up at least 25 spots in the World Bank's ranking of
countries for business start-up. According to the World Bank's assessment in 2019, Vietnam's business
start-up index this year recorded an increase (thanks to a one-day reduction in the implementation of the
procedure), but fell 11 positions (from 104th position in 2018 to 115th position in 2019). There are 8 steps
in the WB's index for launching a business. The process is as follows: registering the establishment of an
enterprise (DN) and publishing the contents of enterprise registration on the national enterprise
registration portal; making DN seal; sealing sample announcement; open a bank account; register to buy
invoices/use e-invoices or print your own invoices; obtain licenses for tax declaration and labor
declaration; and register for social insurance (social insurance) and health insurance (health insurance) for
employees. The Enterprise Law 2020 is anticipated to significantly improve the business investment
environment, bring a standard form of business start-up registration, and integrate it on the National Public
Service Portal, requiring only that businesses adhere to the issued form. Along with that, promoting
electronic payments and invoices, data interoperability between ministries, and working to cut the number
of business startup procedures from 8 to 4. Business time and expense. The second goal is to strengthen
the system for effectively protecting the legal rights and interests of investors, shareholders, and other
stakeholders in the business; to advance corporate governance to acceptable standards in line with regional
and global best practices; and to increase the investor protection index's ranking by at least 20 spots (as
determined by the World Bank's ranking system). (Kiemsat, 2020)

The World Investor Protection Index has shown that Vietnam is at a low level in investor protection. In
2019, Vietnam ranked 89th out of 190 countries, while in 2018 ranked 81st, and in 2017 ranked 87th.
These figures also partly show investor protection in Vietnam despite improvements. improvement, but it
is still slow and unsustainable, not meeting investors' expectation. (Kiemsat, 2020)
The third objective is: Improve the effectiveness of governance, publicity, transparency and accountability
for enterprises in which the state has a dominant stake. (Kiemsat, 2020)
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The ultimate goal is to create more facilitation, reduce costs in business reorganization: merger,
consolidation, division, separation and transformation of business types. (Kiemsat, 2020)

V. Explain the main differences between Case law and Statutory law. Providing examples
to demonstrate the differences.

1. Explain the main differences between Case law and Statutory law.

Common law, also called case law, is legislation that is based on court rulings rather than on constitutions,
statutes, or regulations. (Cornell Law School, 2020). On the other hand, statutory law is the term used to
describe written laws, which are typically passed by a legislative body. (HG LEGAL, 2023)

Case law instructs, what decision should be rendered in a particular case. In contrast, the statutory law
prescribes the best governing rules of the society (S, 2017)

Case law is based on recorded judicial precedent, which means that judges will consider the pertinent facts
and evidence of the case while also looking at earlier rulings by the court in cases that are similar to this
one. In contrast, statutory law is based on the laws that the nation's legislature has passed and enforced. (S,
2017).

Case law is a type of procedural law because it contains the guidelines that govern how different lawsuits
are handled in court. Statutory law, on the other hand, has a substantive nature in that it outlines citizens'
rights and obligations as well as the penalties for breaking the law. (S, 2017).

Case law can be amended by statutory law, whereas to amend the statutory law, a separate statute must
beestablished (S, 2017).

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2. Providing examples to demonstrate the differences.

In terms of statutory law, the civil case's first-instance public hearing approved No. The dispute will be heard
under 02/2021/TLST-DS dated October 6, 2021 from June 23 to June 28, 2022, at the People's Court of Bac Ninh
city's administrative center. Disputes involving property. Since statutory laws like Articles 298, 471, 474, 476,
477, and 478 of the 2005 Civil are largely the basis for the court's decisions.
Articles 288 through 470 of the 2015 Civil Code; Articles 33 and 37 of the Law on; and Articles 288 through 463
of the 2015 Civil Code.
Family and marriage are covered in Articles 26, 35, 39, 147, 184, 185, 220, 227, 228, 235, 254, and 266.
(thuvienphapluat, 2022)
In terms of case law, the High People's Court in Ho Chi Minh City heard the "Dispute over the Contract
for the Conversion of Land Use Rights and the Request to Cancel the Certificate of Land Use Rights" in
judgment No. 375/2019/DS-PT dated August 28, 2019. Then, case law No. 15/2017/AL, which was
accepted by the Supreme People's Court's Council of Judges on December 14 and published under
Decision No. 299/QD-CA on the same day, serves as the controlling precedent. the Chief Justice of the
Supreme People's Court on December 28, 2017 (FDVN, 2020)

VI. Explain the role of the UK Parliament.

Congress is made up of three central elements: the House of Representatives, the Senate, and the
Monarchy. The main business of Parliament is carried out in both Houses. In general, decisions made in
one House require the approval of the other (parliament.uk, n.d.).
The British people elect 650 Members of Parliament (MPs) to represent their interests and concerns in the
House of Commons. Lawmakers can consider and propose new laws and scrutinize government policy by
questioning ministers on current affairs in the House of Commons or in committees. (parliament.uk, n.d.)
The House of Lords is the second house of the British Parliament. It plays a key role in deliberating
legislation, questioning government policy, and inquire public policy. (UKparliament, n.d.)
Monarchy is a political system in which supreme authority is vested in the monarch, an individual ruler
who functions as head of state. It typically acts as a political-administrative organization and as a social
group of nobility known as “court society.” (Kostiner, 2023)
VII. Explain the role of the Vietnamese Government in law making.
In general, the Vietnamese government participates in legislation through the following main activities: 1.
Drafting Act the laws.
2. Issuance of legal normative documents (legislation). This will serve not only as a guide for
implementation, but also to identify other important issues that are not yet mature enough to translate
into laws and regulations to govern governance. meet the requirements of socio-economic management;
This fact shows that the administrative organs contribute to the enactment of legislation, and the quality
of the legal system also partially depends on the administrative organs. Strengthening the government's
legislative capacity is therefore an essential prerequisite for improving the quality of Vietnam's legal
system. This section examines the government's role in her act through two main activities in order to
identify current problems in the Vietnamese legal system. (Huong, 2014)

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VIII. Explain how the court applied statutory law and common law in justice court.
Providingexample of 1 precedent in the UK court.

1. Explain how the court applied statutory law and common law in justice court.

Court law is often used in court proceedings. If the subject violates the enact law, the court will make a
reasonable and fair judgment based on the law (ICLR, 2023). Acts that occur while legal documents are in
force are governed by them (Atiyah, 1985). These provisions apply even if provisions in legal documents are
retroactively effective. If a legal document sets out emergency procedures (meeting requirements for natural
disaster prevention and control, epidemic control, etc.), the document may come into force on the date of
application or signature. Further, if two legal documents contain conflicting provisions on the same subject
matter, the document with the greater legal force shall prevail.

Common law is used in common law when there is no applicable legal document, tradition, or equivalent law.
Jurisprudence often refers to the precedents and jurisdictions established by previous court rulings on a
particular issue or issue. Precedent doctrine stipulates that courts are bound by decisions of higher courts and,
in most cases, by decisions of comparable courts. (University of Oxford, n.d.)

IX. Providing example of 1 precedent in the UK court.

Attia lawsuit against UK gas supply company: Attia hired company employees to install heating in her home,
but accidentally started a fire in the attic while doing so. By the time fire arrived, the fire had spread through the
house, consuming the entire house and its belongings in four hours. Attia has filed two lawsuits in court.
Damages to home and property. He is seeking compensation for the damage caused by the emotional shock he
received when his house burned down. The gas company agreed to pay for physical damage but refused to pay
for emotional trauma. The court also agreed with the defendants and dismissed the second lawsuit. Attia took the
case to the English Court of Appeals. The court approved the case and ordered the defendants to pay emotional
damages to Attia.

X. CONCLUSIONS
To summarize, law is a set of rules created and implemented by social or government bodies in order to
Regulate conduct. This research looks at the legal system in the United Kingdom. The law has an impact on
politics, the economy, history, and society, as well as serving as a bridge between individuals. The article also
compared and contrasted the legal systems of the United Kingdom and Vietnam. In both Vietnam and the
United Kingdom, a separate and strict judicial system exists to encourage the country's growth.

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