ASSIGNMENT 1 FRONT SHEET

Qualification BTEC Level 4 HND Diploma in Business

Unit number and title Unit 7: Business Law

Submission date 11th October 2023 Date Received 1st submission 11th October 2023

Re-submission Date Date Received 2nd submission

Student Name Le Trung Thuan Student ID BS00007

Class MA06101 Assessor name Ms. Tran Thi Huyen Tran

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I certify that the assignment submission is entirely my own work and I fully understand the consequences of plagiarism. I understand that
making a false declaration is a form of malpractice.

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 Table of Contents
Introduction...................................................................................................................................................5
I. The sources of law.....................................................................................................................................6
1. The definition of law in general......................................................................................................6
2. The purpose of law...........................................................................................................................6
3. Main sources of law..........................................................................................................................7
II. Role of Government and Parliarment in law-making UK...................................................................9
1. Role of parliament.....................................................................................................................................9
2. Process of law-making of parliament......................................................................................................9
3. Role of Government in law-making......................................................................................................10
III. Legal suit...............................................................................................................................................11
Conclusion...................................................................................................................................................12
Reference.....................................................................................................................................................13
Introduction

A system of laws serves as the foundation for the application of law by governing entities to regulate
citizen behavior. Laws are often made by the government of the territory in question. It is upheld by the
executive branch and safeguarded by the court. Investigating all facets of social norms is a necessary part
of studying law. This essay explains the definition and functions of laws.
I. The sources of law

1. The definition of law in general

Law is an important component of human society, it regulates behavior and has the ability to resolve
conflicts. It is a social structure officially recognized, proclaimed, or implemented by the state, which is
mandatory and guaranteed through enforcement and education to govern the laws and regulations in social
interaction. , protecting human rights and privileges. It is widespread, formal, and convincing.

2. The purpose of law

The Purpose of Law is a social construct created by human societies to regulate behavior and resolve
disputes. It serves as a means of promoting social order and justice. The purpose of the law is to provide a
framework for individuals and groups to interact with each other in a manner that is fair, just, and
equitable. Through the law, individuals and groups can seek redress for grievances and hold others
accountable for their actions. The law also provides a means for resolving disputes between individuals
and groups, reducing the likelihood of violence and conflict.

3. Main sources of law

3.1 In UK

Legislation:

Legislation is law that is passed by Parliament. It is the most important source of law in the UK and takes
precedence over all other sources of law. (parliament, n.d).

Case law:

Case law is law that is made by the courts. When a court decides a case, it sets a precedent that must be
followed by lower courts in similar cases. (Emily Carr, 2023).

Common law:

Common law is law that has developed over time through custom and usage. It is based on the principle
that judges should follow the decisions of previous judges in similar cases. (britannica, 2023).

Delegated legislation:
Delegated legislation is law that is made by government ministers and other bodies under authority
granted by Parliament. (parliament, n.d).

European Union law

Until the UK left the European Union on 31 January 2020, European Union law was a source of law in the
UK. However, European Union law has now been retained in UK law by the European Union
(Withdrawal) Act 2018. (gov, 2023).

3.2 In VietNam

Legal documents

Văn bản quy phạm pháp luật là văn bản có chứa quy phạm pháp luật, được ban hành theo đúng thẩm
quyền, hình thức, trình tự, thủ tục quy định trong Luật Ban hành văn bản quy phạm pháp luật. Văn bản
quy phạm pháp luật là văn bản có chứa quy tắc xử sự chung, có hiệu lực bắt buộc chung, được áp dụng lặp
đi lặp lại nhiều lần đối với cơ quan, tổ chức, cá nhân trong phạm vi cả nước hoặc đơn vị hành chính nhất
định. Văn bản quy phạm pháp luật do cơ quan nhà nước có thẩm quyền ban hành theo quy định của pháp
luật. Văn bản quy phạm pháp luật phải được ban hành theo trình tự, thủ tục chặt chẽ, cụ thể được quy định
trong Luật Ban hành văn bản quy phạm pháp luật. Văn bản quy phạm pháp luật có hiệu lực bắt buộc
chung đối với tất cả các cơ quan, tổ chức, cá nhân trong phạm vi cả nước hoặc đơn vị hành chính nhất
định. (Nguyen Nam Phuong, 2021).

Legal custom

(Nguyen Nam Phuong, 2021).

Legal precedent

Legal precedents are principles or rules established in a previous legal case that are relevant to another
court or tribunal when deciding subsequent cases involving similar issues or facts. Lower courts are
obliged to apply principles or rules established by higher courts in similar cases. Once established,
principles or rules of legal precedent are often upheld and applied in subsequent similar cases. Courts may
adjust principles or rules of legal precedent where necessary to bring them into line with practice. (Nguyen
Nam Phuong, 2021).
II. Role of Government and Parliarment in law-making UK

1. Role of parliament

The Parliament of the United Kingdom is the supreme legislative authority of the United Kingdom, Crown
Dependencies, and British Overseas Territories. It consists of two Houses: the House of Commons and the
House of Lords. The House of Commons is the elected chamber, while the House of Lords is largely
unelected. The Parliament is responsible for making and changing laws for the United Kingdom. This
includes laws on a wide range of matters, such as crime, taxation, education, and healthcare. The
Parliament has a number of powers to scrutinize the government, including the power to ask questions of
ministers, hold debates, and appoint committees to investigate specific issues. The Parliament is an
important part of the British constitution and plays a vital role in the democratic process. It is responsible
for making and changing laws, scrutinizing the government, holding the government to account, and
representing the people. (bbc, n.d).

2. Process of law-making of parliament

The law-making process of the Parliament of the United Kingdom is complex and involves a number of
stages. It can be summarized as follows: A bill can be introduced in either the House of Commons or the
House of Lords. Bills introduced by the government are known as government bills, while bills introduced
by individual members of Parliament are known as private members' bills. Once a bill has been
introduced, it is given a first reading. This is a formality, and the bill is not debated at this stage. After the
first reading, the bill is given a second reading. This is when the bill is debated for the first time. If the bill
passes the second reading, it is moved to the next stage. The committee stage is where the bill is examined
in detail by a committee of members of Parliament. The committee may make amendments to the bill, and
it may also hear evidence from experts and other interested parties. After the committee stage, the bill is
returned to the House where it was introduced. At this stage, the bill is debated again, and any
amendments made by the committee are considered. After the report stage, the bill is given a third
reading. This is the final stage of the bill's passage through the House where it was introduced. If the bill
passes the third reading, it is sent to the other House of Parliament for consideration. The bill is then
considered by the other House of Parliament. The bill goes through the same stages in the other House as
it did in the first House. Once the bill has passed both Houses of Parliament, it is sent to the monarch for
Royal Assent. Once the monarch has given Royal Assent, the bill becomes law. The law-making process
of the Parliament of the United Kingdom is designed to ensure that laws are carefully considered and
debated before they are passed. It also gives the public an opportunity to have their say on proposed laws.
(Cabinet Office, 2013).

3. Role of Government in law-making

The government plays a central role in the law-making process of the UK. The government is responsible
for identifying the need for new laws, drafting and proposing legislation, and enacting laws into effect.
The government also plays a role in interpreting and enforcing laws, as well as evaluating their
effectiveness and making necessary changes. The UK government is divided into three branches: the
executive, the legislature, and the judiciary. The executive branch is responsible for the day-to-day
running of the government and is led by the Prime Minister and the Cabinet. The legislature is responsible
for making laws and is made up of the House of Commons and the House of Lords. The judiciary is
responsible for interpreting and enforcing laws and is made up of the courts. The government's role in
law-making begins with the identification of a need for new legislation. This may be done through
research, consultation with stakeholders, or in response to social or economic changes. Once the need for
new legislation has been identified, the government will draft a bill. The bill will then be introduced to
Parliament and will go through a series of stages, including debate, amendment, and voting. If the bill is
passed by both Houses of Parliament, it will be sent to the Queen for Royal Assent. Once the Queen has
given her assent, the bill will become law. The government also plays a role in interpreting and enforcing
laws. This is done through a variety of means, including issuing guidance, taking action against those who
violate laws, and providing support to law enforcement agencies. The government also has a responsibility
to evaluate the effectiveness of laws and make necessary changes. This may involve collecting data on the
impact of laws, conducting surveys, and consulting with stakeholders. (gov, n.d).

III. Legal suit

Case background

Company N in Vietnam and Company G in the UK have signed 03 goods purchase and sale contracts.
Company N believes that the first contract No. 669229 does not exist because it does not have Company
N's signature. The second contract is due to Company G's non-cooperation, so Company N cannot open
the L/C so it cannot be performed. Arbitrators of International Association B sent notices and documents
to the wrong address, so Company N did not receive any documents. The International B Association
Arbitration Council resolved the dispute and issued a decision agreeing with Company G's request,
requiring Company N to pay 1,554,439.29 USD including principal and interest of 3 contracts. copper.
(fdvn, 2021).

Legal Issues

Because Company N's signature is missing from the first contract No. 669229, Company N thinks it is
fake. Due to Company G's refusal to cooperate, the second contract cannot be completed because
Company N is unable to open the L/C.

Court Decision

Reject Company G's appeal and maintain the entirety of the People's Court of Nam Dinh
Province's Decision No. 01/2016/QDKDTM-ST, dated May 30, 2016. In particular:

Apply Article 31; Articles 459; 461; and 430 of the 2015 Civil Procedure Code, the Court Fee Ordinance.

Reject the August 12, 2013, Arbitration Council - International B Association Arbitration Award on the
dispute resolution of cotton trading contracts between Company G, Blaak GA R, P.O. Box, BC R,
Netherlands, and Company N, street number T, city N, Nam Dinh province. This is an application for
recognition and enforcement of the arbitrator's decision in Vietnam.

Regarding the application processing fee, Company G is required to pay 4,000,000 VND; however, by the
payment authorization, it is possible to deduct the 4,000,000 VND that Branch T in Hanoi paid to account
number 3511.1.105.4581 of the Ministry of Justice. 13 January 2016. Company G has paid the processing
fee for the application.

Regarding appeal fees, as stated in Payment Receipt No. 08580 June 7, 2016, Company G will be
responsible for paying 200,000 VND, but that amount will be subtracted from the 200,000 VND that Mr.
Nguyen Duc S paid at the Civil Judgment Execution Department of Nam Dinh province on behalf of Mr.
Le Xuan L. (thuvienphapluat, n.d).

Point out that in this case, statutory law or case law has been applied ?

In this case, the arbitrator applied statutory law and case law to resolve the dispute.

Statutory law: The Vietnam International Commercial Arbitration Law (Arbitration Law 2010) is the legal
framework that the International B Association Arbitration Council uses to settle disputes. The 2010
Arbitration Law's Article 5 gives the Arbitration Council the power to settle disagreements resulting from
contracts for the sale of goods internationally.

Case law: To settle disputes, the Arbitration Council has referred to several other international arbitration
bodies' case laws.

Conclusion

It is evident that the law has varying effects on enterprises. The protection provided by the law to the
client and entrepreneur is crucial to the continued positive working relationship between these two parties.
Businesses will collapse without it. The law must establish, oversee, and disband the company.

Reference

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Trade, D. for B. and (2023) Schedule of retained EU Law, GOV.UK. Available at:
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