ASSIGNMENT 1 FRONT SHEET

Qualification BTEC Level 4 HND Diploma in Business

Unit number and title Uni7: Business Law
Submission date 29/9/2023 Date Received 1st submission
Re-submission Date Date Received 2nd submission
Student Name Ha Thi Kim Ngoc Student ID GBH210437

Class GBH1202 Assessor name Hoang Trung Hieu

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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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1. Introduction 4

2. Explain the definition of Law. Provide examples to distinguish the law with other regulations in society. 4

3. Explain the purposes of Law. 4

4. Explain the purposes of Vietnamese Enterprise Law 2020. 6

5. Explain the main differences between Case law and Statutory law. Providing examples to demonstrate the
differences. 6

6. Explain the role of the UK Parliament. 7

7. Explain the role of the Vietnamese Government in law making 7

8. Ex plain how the court applied statutory law and common law in justice court. Providing example of 1 precedent in
the UK court. 8

9. Conclusion. 9

Reference 10

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1. Introduction
I am employed by Dragon Capital company, an international investment company, as a legal specialist.
The UK and Vietnam, a new market, are both included in your company's business strategy for this year.
My task is to do a thorough study on the legal framework in these markets, taking into account the
sources of the law, the involvement of the government and parliament in the enactment of legislation,
and the way the court implemented the law to resolve the disagreement.
2. Explain the definition of Law. Provide examples to distinguish the law with other regulations in society.
Law is a system composed of a number of broad behavioral rules established by the state and required
to be followed. To enforce compliance with the legislation, there are educational or coercive procedures
in place aimed at preserving their class's interests and controlling social interactions. Law is an important
instrument for state administration, but it also plays an important part in a range of other professions.
Laws are now required in practically every aspect of society to ensure its survival and progress (Garner
and Henry Campbell Black, 2021)
The differences between law and social regulations:
Law: According to Clause 2, Article 30 of the Law on Road Traffic 2008, drivers and occupants of two-
wheeled motorbikes, three-wheeled motorbikes, and mopeds must wear helmets with straps that meet
the criteria. The issuer is the state. This statute applies to the entire territory of Vietnam. It is guaranteed
by the state. Violations may result in fines.
Social rules: The University of Greenwich has a regulation that requires all students to wear a student ID
card every time they come to class. The principal of the University of Greenwich is the one who issues
this, and it is only applied to students at the school, who will only be warned and administratively
penalized if they violate it.
As a result, in the two preceding cases, we can see an obvious difference between law and social
regulation. The law's provisions include other difficulties that always apply to everyone in the country. Its
penalty will be worse than administrative or imprisonment. Concerning social restrictions, they
exclusively apply to the students who study there. The seriousness is reduced because the penalty might
be as simple as a warning.
3. Explain the purposes of Law.
There are six main purposes of the law.
 The primary goal of the law is to establish a governmental structure and legislative procedures. Thus, the
structure of government is characterized by a number of functions—managing the state; regulating
public affairs; decision-making and policy implementation; and exerting leadership—that are viewed as
critical to the government's role as a life-sustaining institution. Legal processes, in the widest sense, are
procedures and methods of dealing with law-related activity in a certain sequence, a valid unity that
involves a series of tightly linked acts that work together to accomplish the desired goal. In the technical
element of organizing the exercise of state authority, the 1946 Constitution incorporated key principles
from the decentralization philosophy. According to Article 43, "the highest administrative body of the
country is the Government of the Democratic Republic of Vietnam," and Article 63, "the judicial authority
of the Democratic Republic of Vietnam includes: the Supreme Court, the Courts of Appeal, the Second
and Primary Courts," the power structure thus includes legislative, executive, and judicial powers.

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 The next goal is to provide public services and collect taxes to pay for them. Public services are defined
as tasks performed directly by the government or authorized by it for the benefit of the community and
society while receiving assistance from the private sector to meet the needs of individuals and society.
Taxes are a required, non-reimbursable source of money that are given from the state to businesses and
individuals directly in order to pay for the state's expenditure requirements for the general welfare. A
further definition of this public service is provided in Decree 32/2019/ND-CP, which reads in part: "As a
vital service for the socio-economic life of the country, the population community, or to ensure national
defense and security that the State must organize and perform."
 The third objective is to manage and advance the economy. The law explicitly defines the economic
regime, economic sectors, ownership structures, financial policies, and other aspects of the economy,
which helps to organize and structure these sectors, promote growth, and stabilize and balance the
economy. The State directs economic interactions to develop in line with the planned aims by
establishing economic policies, ensuring orderly production, and regulating the commercial activities of
businesses and individuals. Decree No. 124/2015/ND-CP, which changes and supplements a number of
articles of Decree No. 185/2013/ND-CP, which was recently revoked by the Prime Minister, has amended
the rules for handling violations. Administrative measures related to business operations, production,
trafficking in fake and illegal goods, and consumer protection ten unlicensed packets of cigarettes.
Anyone who deals in 500 cartons of illegal cigarettes might spend up to 15 years in prison, according
to this decree. A million dong fine is also levied for selling fewer than ten packs of illicit cigarettes.
 The preservation of national security and public order is the fourth goal. Public order is a stable,
organized, and controlled environment in a public area. Public spaces include places like streets, squares,
parks, and hospitals. Clause 1, Article 3 of the 2004 National Security Law defines national security as the
stability and long-term progress of the nation. the inviolability, independence, sovereignty, unity, and
territorial integrity of the Fatherland, the communist system, and the State of the Socialist Republic of
Vietnam. On November 27, 2020, the government issued Decree 137/2020/ND-CP on the management
and use of fireworks; Decree 144/2021/ND-CP dated December 31, 2021; and Decree 144/2021/ND-CP
dated December 31, 2021; all three of which provided penalties for administrative violations in the areas
of social security, order, and safety; and the prevention of social evils.
 The power for each member to directly enforce these rights is provided as the fifth purpose, together
with personal rights and duties with respect to others. A person or group of people who possess
nationality and the associated legal rights and obligations are said to be citizens of that nation. Clause 2,
Article 25 of the 2015 Civil Code states in detail as follows: With respect to the moral rights of minors,
individuals who have lost the capacity to engage in civil acts, and individuals who have trouble
controlling their perception and behavior, the establishment and performance of civil relations related to
moral rights must be approved by this person's legal representative in accordance with the 2015 Civil
Code's rules.
 The sixth goal is to provide acknowledged social interactions and transactions between people legal
status. Legal validity is the ability of a written document to serve as a basis for legal action, an

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 enforceable duty, or other types of legal proof. An offer to enter into a contract is a clear declaration of
the offeror's desire to enter into a contract and to be bound by this offer to the party designated or to
the general public, according to Clause 1 of Article 386 of the 2015 Civil Code.
4. Explain the purposes of Vietnamese Enterprise Law 2020.

The Enterprise Law 2020 includes 218 articles and 10 chapters, takes effect from January 1, 2021 and has
a number of innovations that bring a favorable business environment. According to Minh (2020), the
Enterprise Law 2020 is expected to encourage the development of businesses that meet good and
popular practice standards in the region and internationally, attract capital and resources into
production and business, Improve the business environment and increase national competitiveness. The
Enterprise Law 2020 serves four distinct goals. The first goal is to create the most favorable conditions
for business establishment and registration; Cut costs and time in starting a business; contributing to
raising the business start-up index by at least 25 levels (according to World Bank rankings). The second
goal is to improve the effective protection mechanism for the legal rights and interests of investors,
shareholders, and members of enterprises; promote corporate governance standards according to good
and popular practices in the region and internationally; Raise the investor protection index rating by at
least 20 levels (according to the World Bank's ranking). The third goal is to improve governance
effectiveness, publicity, transparency and accountability for enterprises in which the state has a
controlling capital contribution. The ultimate goal is to create more convenience and reduce costs in
reorganizing businesses: merging, consolidating, dividing, separating and converting business types
(Minh, 2020).

5. Explain the main differences between Case law and Statutory law. Providing examples to demonstrate
the differences.
 The differences between Case law and Statutory law.
Case law refers to all decisions and judgements issued by courts that are regarded the basis of the law,
providing the principles and framework for application to similar instances in the future. Case law is
based on court decisions rather than constitutions, laws, or regulations. Case law is concerned with
individual issues that courts resolve depending on the facts of the case. Case law, often known as
common law, is a body of precedents and authority formed by previous judicial decisions on a certain
subject or topic. Case law differs from jurisdiction to jurisdiction in this regard (Wex, 2020).
Statutory law refers to statutes that are produced and issued by the Parliament or Government and
other agencies, comparable to laws in nations that use the civil law system, such as France and Germany.
There are numerous motivations for establishing such laws, including meeting people' demands,
formalizing existing laws, or resolving an unresolved matter in which the courts refer to the government
(Rubin, 1982). Governments have a definite role to play in choosing what laws and penalties are
acceptable for their country. Statutory laws can be passed by a number of government bodies and
jurisdictions, with significantly varying effective dates. Cities and towns, in addition to federal and state
laws, can pass their own ordinances, statutes, or municipal rules. All of these things have the authority of

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 a single law. These various sources of legal assistance complicate matters and increase the possibility of
legal disagreements (Nickels, 2001).
The primary distinction between case law and UK law is the issuer and the form. Case law is derived from
the courts to serve as a reference to similar cases in the past for judges to save time in their courts, but
Statutory Law is published by the British Parliament to be enforceable for judges to comply.
 Examples to demonstrate the differences.
Statutory law: The Land Law Articles 100, 101, 202, and 203 are addressed in Judgment 25/2022/DS-ST
of May 17, 2022. (thuvienphapluat, n.d.)
Case law: The decision in Campbell v Gordon [2016] UKSC 38 was founded on the decision of the Court of
Appeal in Richardson v Pitt-Stanley [1995] QB 123. (UKSCblog, 2016)

6. Explain the role of the UK Parliament.

The Commons, the Lords, and the Monarchy are the three chambers that makeup Parliament. The
majority of Parliament's business is handled by the two Houses. Most of the time, actions taken by one
House must be approved by the other. Examining and challenging the actions of the government is one
of the main responsibilities of Parliament. Similar types of examination are used by the Commons and
the Lords, but the processes are different. Ministers of the government are questioned, there is
discussion, and there are committee investigations. The administration may reply in the open to defend
its positions and actions. The following roles are debated and given legal protection. On our behalf,
Parliament examines the Government's tax and expenditure proposals to make sure that tax dollars are
used effectively. On our behalf, Parliament examines the Government's tax and spending proposals in an
effort to make sure that tax dollars are used fairly and effectively. The government is not allowed to
impose new taxes or make public spending decisions without the consent of Parliament. (UK Parliamen,
n.d.)

7. Explain the role of the Vietnamese Government in law making

For the purpose of trying to meet the needs of governance and socioeconomic management, the
Vietnamese government participates in legislation through two main activities: drafting laws and
promulgating legal normative documents (Decree-laws), which are used not only to guide
implementation but also to identify other significant issues that are not yet mature enough to be
developed into laws or ordinances. Building government capability in legislation is a prerequisite for
enhancing the quality of the legal system in Vietnam since the fact suggests that executive organs have
been significantly involved in legislation and that the quality of the legal system is also dependent on
executive organs. In order to identify contemporary legal system problems in Vietnam, this part will
explore the function of the government in legislation through two key tasks. In addition to handling
People's Councils, People's Commissions, and People's Decisions, the government also informed all
regimes of the appellation's name as well as the names of the People's Councils and People's
Committees for the rules. The government has the power to instruct, instruct, educate, and enlighten
the populace about the Constitution and the law as a result of these commitments. The government also
combines judicial administrative power, judicial aid, state compensation, and decision execution in

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 addition to providing facilities, human capital, and other resources to aid in the administration of the
Constitution and the law.
The implementation of the Constitution and laws is also summarized and reviewed, along with the
procedures for the National Assembly, the Standing Committee of the National Assembly, and the
President to carry out their legislative enforcement duties.
According to Article 96 of the Constitution of 2013, the government has the authority to organize the
execution of the Constitution, legislation and resolutions passed by the National Assembly, as well as the
orders and decisions of the State President and the National Assembly Standing Committee
(thuvienphapluat.vn, n.d.)
8. Ex plain how the court applied statutory law and common law in justice court. Providing example of 1
precedent in the UK court.
The laws are typically codified, which means they are numbered, collected, and indexed in one place.
Following the development of statutory law, the government's judicial branch interprets and enforces it
through court cases. The judicial branch, on the other hand, cannot enact statutory legislation. These
laws are based on the premise that every word in the law has meaning and was chosen for a reason.
Statutory laws are precisely stated and provide little room for interpretation. In cases where written law
cannot be applied, case precedent will be used.
Precedent is a legal idea established by a court decision that acts as a model or authority for future
judges dealing with similar situations. Higher court decisions are binding precedents for lower courts
within that system. In complying with cases, the principle declared by a higher court must be followed.
Although lower court verdicts are not binding on higher courts, a higher court may occasionally accept a
lower court's rationale and conclusion (usually appellate courts). They are considered persuasive
authority. they must constantly be carefully considered by the future court but are not required to be
executed.
To be valid, precedents must be founded on logic and justice.
The decision was made on the basis of the argument and is the solemn decision of the court.
They must be made in the present to be legally binding.

Example: Partridge & Crittenden- 1968

The respondent publicized a number of Bramblefinch cocks and hens for deal, demonstrating that each
would fetched 25 shillings. It was unlawful to offer any wild live winged creature beneath the Security of
Winged creatures Act of 1954. The litigant was arraigned beneath the Act by the Regal Society for the
Anticipation of Brutality to Creatures (RSPCA). The respondent was found blameworthy of the offense by
the officers amid his trial; he requested this decision.
The address on offer was whether the publicizing ought to be translated as an offer to offer (in which case
the respondent was blameworthy) or as an welcome to treat (in which case he had committed no offense).
Another address was whether it was reasonable to apply a diverse understanding of the word "offer for
deal" in criminal law than was recognized in contract law. The court held that the advertisement was not
an offer but a solicitation for an offer and therefore the defendant was not guilty.
The court also rejected the idea that the term "offer to sell" was used in a narrower sense in criminal
contexts than in contract cases, on the grounds that this would violate statutory obligations. Congress
adopted the term "offer" on the basis of existing knowledge, and it was not within the court's power to
change this understanding under the guise of"interpretation" Consider a similar case study, Fisher v.Bell.
(1961) (Ltd, 2023)

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9. Conclusion.
Last but not least, Dragon Capital Fund must do a thorough legal analysis since doing so will help the
foreign investment fund be more prepared for business plans in the UK and the Vietnamese market. An
overview of the law major, including its obligations and responsibilities in social life, may be found in the
definition and purpose of law. A better knowledge of how legislation is formed is also facilitated by
conducting independent study on the role of the government and the function of parliament. A better
knowledge of how legislation is formed is also facilitated by conducting independent study on the role of
the government and the function of parliament. The description of the UK court system also illustrates
the essential components of the court and their roles. Additionally, as statutory law and common law are
the two main categories of legal systems used by nations across the world, their differences must be
discussed in this research. At the end of the study, a real-world example of a case that was successfully
resolved is presented as additional guidance on the litigation process.

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Reference

Garner, Bryan A, and Henry Campbell Black. Black’s Law Dictionary. St. Paul, Mn, Thomson Reuters,
2021. (Accessed September 18, 2023).

Ltd, A. A. (2023) Partridge v Crittenden - 1968, LawTeacher, 17th May, [online] Available at:
https://www.lawteacher.net/cases/partridge-v-crittenden.php (Accessed September 29, 2023).

M. (2020) Những mục tiêu cụ thể của Luật Doanh nghiệp số 59/2020/QH14, kiemsat.vn, 6th August,
[online] Available at: https://kiemsat.vn/nhung-muc-tieu-cu-the-cua-luat-doanh-nghiep-so-59-2020-
qh14-57824.html (Accessed September 17, 2023).

Nickels, B. (2001). ‘Native American free passage rights under the 1794 Jay Treaty: survival under United
States statutory law and Canadian common law’, Boston College International and Comparative Law
Review, 24(2), pp. 313. [Online]. Available at:
https://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?referer=https://scholar.google.com/
&httpsredir=1&article=1192&context=iclr (Accessed September 20, 2023).

Phan, H. (2014) The Role of Vietnamese Government in Legislation – in Comparison with Japan [Online].
Available at:
https://www.researchgate.net/publication/270864426_The_Role_of_Vietnamese_Government_in_Legis
lation_-_in_Comparison_with_Japan (Accessed September 20, 2023).

Rubin, P., H., (1982). ‘Common law and statute law’, The Journal of Legal Studies, 11(2), pp. 205-223.
[Online]. Available at: https://www.journals.uchicago.edu/doi/abs/10.1086/467698 (Accessed
September 20, 2023).

thuvienphapluat (n.d.) Bản án về tranh chấp đất đai số 25/2022/DS-ST, [online] Available at:
https://thuvienphapluat.vn/banan/ban-an/ban-an-ve-tranh-chap-dat-dai-so-252022dsst-24364 7
(Accessed September 18, 2023).

thuvienphapluat.vn (n.d.) Hiến pháp năm 2013, [online] Available at: https://thuvienphapluat.vn/van-
ban/Bo-may-hanh-chinh/Hien-phap-nam-2013-215627.aspx (Accessed September 28, 2023).

UK Parliamen (n.d.) Parliament, UK Parliament, [online] Available at:

https://www.parliament.uk/about/how/role/ (Accessed September 29, 2023).

UK Parliament (no date) Parliament, UK Parliament. Available at:

https://www.parliament.uk/about/how/role/

UKSC blog (2016) Case Comment: Campbell v Gordon [2016] UKSC 38, UKSCBlog, [online] Available at:
http://ukscblog.com/case-comment-campbell-v-gordon-2016-uksc-38 / (Accessed September 25, 2023).

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Wex Definitions Team (2020) case law, LII / Legal Information Institute, [online] Available at:
https://www.law.cornell.edu/wex/case_law (Accessed September 18, 2023).

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