Vietnamese Business law Summary

Teaching Assistant: Nguyen Ngoc Hoang Nam Telephone: 0908554001 E-mail: nam. [email protected] com Consultation Hours: 02 (two) Should the students wish to meet the staff outside the consultation hours, they are advised to make appointment in advance. 2. COURSE INFORMATION 1 22. 1 Teaching times and Locations 3 Lecture: TBA Venue: L 109 1 22. 2 Units of Credit 3 This course is worth 3 credits. 2. 3 Parallel teaching in the course There is no parallel teaching involved in this course. 2. 4 Relationship of this course to others BA167IU – Introduction to Vietnamese Legal System is pre-requisite subject to other.

Law subjects, such as Business Law and Legal Environment for Businesses, as well as other elective courses such as Franchising. 2. 5 Approach to learning and teaching This is a foundation course so materials will be mainly presented in the form of lecturing. Besides, students will occasionally have opportunity to have presentation before class to develop team-work and soft-skills. To improve research ability and personal work skill, assignments are compulsory. Assignments will mainly based on materials not yet taught during lesson and help students to develop problem-solving skill, especially legal cases.

Q&A session, regularly held at the end of each lesson’s part is not only a chance for students to clarify the studying materials, but also learn 2 BA167IU VNU – INTERNATIONAL UNIVERSITY INTRODUCTION TO VIETNAMESE LEGAL SYSTEM SCHOOL OF BUSINESS ADMINISTRATION how to answer in a most efficient way to get as much as possible knowledge and academically discuss with lecturers/peers points of interests. 3. COURSE AIMS AND OUTCOMES 3. 1 Course Aims The aim of this course is to:

•Familiarize the student with legal language; basic concepts, principles and genral knowledge of Vietnamese legal system. •Introduce to students about legal branches, i.e constitutional, civil, business laws and etc. , that serve the foundation of Vietnamese legal system •Increase the student’s understanding of the Vietnamese legal system and how it functions. •Expose the student to legal reasoning and develop his/her ability to apply legal concepts. •Encourage the student to engage in critical thinking of the legal implications.

•Develop problem solving and legal analyzing skills and apply it to day-to-day practical situations. 3. 2 Student Learning Outcomes After completing the course, students should have: •Basic knowledge on Vietnamese legal system and its main concepts, principles.

•Knowledge on specific branch of laws under this system and how it shapes in the whole system •Analyzing and problem-solving skills to be applied to practical cases In generic terms, students completing this course are likely to achieve the following attributes: •Applied research. Conduct, write and present applied research relevant to this course. •Situational exploration. Critically appreciate situations, in terms of their factual, political, temporal, and cultural dimensions. •Problem resolution.

Structure and propose solutions to organisational problems that enable management to guide multinational organizations through complex and ambiguous environments. •Argument and reasoning. Analyse, evaluate and construct arguments employing different modes of reasoning and different types of evidence. •Disciplinary and multidisciplinary perspective. Bring disciplinary and multi-disciplinary perspectives in straightening out situations and projecting possible outcomes.

•Profound knowledge of legal language and its application. 3 BA167IU VNU – INTERNATIONAL UNIVERSITY INTRODUCTION TO VIETNAMESE LEGAL SYSTEM SCHOOL OF BUSINESS ADMINISTRATION 3. 3 Teaching Strategies The learning system in this course consists of lectures and scheduled presentations/discussions.

Lectures elaborate the appropriate theoretical content in the textbook and readings. Classes provide a more detailed and refined analysis of both concepts and applied materials. Classes are strongly oriented towards interactive discussion of the text and cases. In order to gain the most from the lectures and class activities, the below assigned text/reading should be read before the lecture to participate in the discussions. All students are required to take active part in the discussions and Q&A session at the end of lesson or relevant part. Additional researches will be strongly encourage and might be generated additional points.

Besides, if students are facing a legal problem in practice they are welcome to bring it to the class and discuss. 4. STUDENT RESPONSIBILITIES AND CONDUCT 4. 1 Workload It is expected that the students will spend at least six hours per week studying this course. This time should be made up of reading, research, working on exercises and problems, and attending classes. In periods where they need to complete assignments or prepare for examinations, the workload may be greater. Over-commitment has been a cause of failure for many students.

They should take the required workload into account when planning how to balance study with part-time jobs and other activities. 4. 2 Attendance Regular and punctual attendance at lectures and seminars is expected in this course. University regulations indicate that if students attend less than eighty per cent of scheduled classes they may be refused final assessment. Exemptions may only be made on eligible medical grounds. 4. 3 General Conduct and Behaviour The students are expected to conduct themselves with consideration and respect for the needs of the fellow students and teaching staff.

Conduct which unduly disrupts or interferes with a class, such as ringing or talking on mobile phones, is not acceptable and students will be asked to leave the class. Use of laptops are also prohibited during law lessons. More information on student conduct is available at the university webpage. 4 BA167IU VNU – INTERNATIONAL UNIVERSITY INTRODUCTION TO VIETNAMESE LEGAL SYSTEM SCHOOL OF BUSINESS ADMINISTRATION 4. 4 Keeping informed The students should take note of all announcements made in lectures or on the course’s Blackboard, and other announced mean of communications. From time to time, the university will send important announcements to their university e-mail addresses without providing a paper copy.

The students will be deemed to have received this information. 5. LEARNING ASSESSMENT 5. 1 Formal Requirements In order to pass this course, the students must: •achieve a composite mark of at least 50; and •make a satisfactory attempt at all assessment tasks (see below). 5. 2 Assessment Details Mid-Term Exam (approximately 60 mins) 30% Assignment, Participation Presentation 20% Final Exam (up to 120mins) 50% Total 100% 5. 3 Project Report (Written Assignment) The students are required to submit a project report in groups of three (3) on one topic. Length and Style: Maximum 2,000 words, excluding footnotes, figures and references.

The format for assignments is to be double spaced with 2. 5 cm margins and font size of 12 cpi. Please show the word count, along with all other details on the cover sheet. Assignment will be assessed for analytical content and presentation. The same marks will be awarded to all students in the same group. All work must be original and must not have been submitted for any other subject or course here or elsewhere. Copying or plagiarising works of other authors, including your fellow students or cutting and pasting from the internet and other sources is an offence and will be seriously penalized, up to course dismissal. Due Date:

The project report is due at time and date and with method as announced by Lecturer. •Late work will be penalised at the rate of 15 percentage points per week day. •Students must keep copies of all work submitted. 5. 4 Marking criteria (project report and case presentation) 5 BA167IU VNU – INTERNATIONAL UNIVERSITY INTRODUCTION TO VIETNAMESE LEGAL SYSTEM SCHOOL OF BUSINESS ADMINISTRATION Marking Criteria Marks Learning outcomes/attributes Quality of arguments: relevance, logic and cohesion 20 Ability to give compelling arguments and reasoning to support analysis.

Use of frameworks to support analysis 20 Ability to structure problems in accordance with theoretical frameworks and resolve them Use of case evidence to support analysis 20 Ability to conduct applied research to gather data/information pertaining to the case Originality and usefulness of the analysis 20 Ability to engage in creative problem solving skills Organisation, clarity of expression, editing etc 20 Clarity of vision 5. 5 Class participation and Presentation A minimum attendance of 80 percent is compulsory. Students will be assessed on the basis of: 1a) Presentation of case 10% 2b) Class attendance and participation 5%.

5. 6 Special Consideration Request for special consideration (for final examination only) must be made to the Office of Academic Affairs within one week after the examination. General policy and information on special consideration can be found at the Office of Academic Affairs. Absence on the Mid-term is not allowed, or in special cases approved by Lecturer can be replaced with relevant Assigment. 6. ACADEMIC HONESTY AND PLAGIARISM Plagiarism is the presentation of the thoughts or work of another as one’s own (definition proposed by the University of Newcastle).

Students are also reminded that careful time management is an important part of study and one of the identified causes of plagiarism is poor time management. Students should allow sufficient time for research, drafting, and the proper referencing of sources in preparing all assessment items. The university regards plagiarism as a form of academic misconduct, and has very strict rules regarding plagiarism. 1 7. STUDENT RESOURCES 7. 1 Course Resources Please note that it is very important to gain familiarity with the subject matter in the readings and cases prior to attendance in classes. 1 This is adapted with kind permission from the University of New South Wales. 6.

BA167IU VNU – INTERNATIONAL UNIVERSITY INTRODUCTION TO VIETNAMESE LEGAL SYSTEM SCHOOL OF BUSINESS ADMINISTRATION Legal Texts: 1. Constitution of Vietnam – 1992 http://www. na. gov. vn/htx/English/C1479/? cateid=1479 2. Civil Code of Vietnam – 2005 http://www. freshfields. com/publications/pdfs/2006/14247. pdf 3. Criminal Code of Vietnam http://www. worldlii. org/vn/legis/pc66/ 4. Commercial Law – 2005 http://www. moit. gov. vn/vsi_portlets/UserFiles/LegalText/Upload/Commercial %20Law_English%20version. doc 5. Law on Investment – 2005 http://www. moit. gov. vn/vsi_portlets/UserFiles/LegalText/Upload/Law%20on %20investment. doc.

6. Law on Enterprises – 2005 http://www. moit. gov. vn/vsi_portlets/UserFiles/LegalText/Upload/Law%20on %20Enterprises. doc 7. Law on Intellectual Property – 2005 http://www. noip. gov. vn/noip/cms_en. nsf/ (agntDisplayContent)? OpenAgent&UNID=18572C84165D0FC1472570DF00314856 8. Labour Code http://www. antoanlaodong. gov. vn/Download. aspx/0DE2BCC7C75A4877AA82D 33F5122D2E0/1/Labour_Code. pdf Reference Books: LS Vu Dinh Quy n, ? Giao trinh Phap Lu t D i c ng? ? uo , Tai b n co b sung, NXB? ? GT-VT 2007.

Additional materials provided in Blackboard The lecturer will attempt to make lecture notes and additional reading available on Blackboard. However this is not an automatic entitlement for students doing this subject. Note that this is not a distance learning course, and you are expected to attend lectures and take notes. This way, you will get the additional benefit of class interaction and demonstration.

Recommended Internet sites UNCTAD (United Nations Conference on Trade and Development) WTO (World Trade Organization) MOIT – Vietnam (Official website of Ministry of Industry and Trade) 7. 2 Other Resources, Support and Information 1Additional learning assistance is available for students in this course and will be made available in Blackboard.

Academic journal articles are available through connections via the VNU – Central Library. Recommended articles will be duly informed to the students. 8. COURSE SCHEDULE 7 BA167IU VNU – INTERNATIONAL UNIVERSITY INTRODUCTION TO VIETNAMESE LEGAL SYSTEM SCHOOL OF BUSINESS ADMINISTRATION Week Topic Learning materials and activities 1 State & Law •Overview of the course and explanation of syllabus and other academic matters •What is State? •Nature, forms and functions of Socialist Republic of Vietnam Allocation of Discussion Questions How to prepare for case study presentation on Civil Law vs. Common Law 2 What is Law?

•Categorization of legal system and its branches in Vietnamese law •Nature, forms, enforcement and categorization of legal writings in Vietnamese law Pr1: Civil law vs. Common law systems 3 Constitutional Law Lesson 1. •Introduction and history of Constitution. Severe foreign Constitutions (USA, France) •History of Vietnam Constitution (since 1946). Vietnam Constitution 1992 and its nature and basic principles Lesson 2. •Political, economic and other regimes of Vietnam •Basic rights and responsibilities of citizens. Relationship between citizens and the State. Lesson 3. State administrative systems of Vietnam.

•Executive branch: Government (Ministries and Equivalents) •Judicial branch: The Courts (at all levels). People’s Procuracy •Legislative branch: National Assembly Legal Text: Constitution of Vietnam Pr2: History of Vietnam Constitutions: origin, changes and the latest Pr3: VN state system: All three branches and current heads of those State administrative bodies 4 Administrative Law Lesson 1. Definition, subject matter, methods and sources of Vietnamese administrative law. Comparative study Lesson 2. System of administrative laws (state management): General and specific Lesson 3 and 4. Administrative acts.

Administrative law violations and penalty •Principles Legal Text: Ordinance on dealing with administrative Offences) pre 4: Introduction to BAILIFF (Th a phat ? l i).? 8 BA167IU VNU – INTERNATIONAL UNIVERSITY INTRODUCTION TO VIETNAMESE LEGAL SYSTEM SCHOOL OF BUSINESS ADMINISTRATION •Measures: administrative and other administrative measures •Principal and additional measures of dealings with administrative violations (principal and additional). •Measures to recover damages caused by AOs 5 Criminal Law Definition, subject matter, methods and sources of Vietnamese criminal law. Analysis of Crime under Criminal Code.

•Definition and features of crimes •Elements and categorization of crimes Analysis of Punishment under Criminal Code •Definition and objective of punishments •System of punishments: main and additional •Effectiveness of punishments Criminal procedure Legal Text: Criminal Procedure Code , Criminal Code Pre 5: Discussion on case Le Van Luyen – legal capacity – Punishment regime and its justification – Mitigation facts finding and proofs of prosecution. 6 Civil Law (Part I) General Introduction: •Definition •Subject matter •Sources and Nature Civil law relationship Civil relations (legal and physical persons).

•Natural Person •Legal Person Legal Text: Civil Code 2005 ! Reading of Civil Code for W 5 and 6 is a must! 7 Civil Law (Part II) Main institutions of civil law: •Ownership and property – nature and forms •Civil obligations and Civil contracts and •Inheritance Civil procedure •Filing a civil claim •Case procedure •Conciliation and preparation to the Trial •Appealation and judgment enforcement Discussion on cases of substance. Pre 6: Goods keeping services. 8Labour Law General introduction •Definition, subject matter, methods and sources of Vietnamese labour law. Legal Text: Labour Code * Note: Social insurances and Trade.

9 BA167IU VNU – INTERNATIONAL UNIVERSITY INTRODUCTION TO VIETNAMESE LEGAL SYSTEM SCHOOL OF BUSINESS ADMINISTRATION •Vietnam Labour Code: main provisions Labour law relations •Definitions and nature of labour law relations •Labour contract: nature and its forms Rights and obligations of employers and employees •Employers •Employees Unions (self-study) Pre 7: Discussion on “Foreigners live and work in VN” 9Business Law General introduction: •Comparative study •Legal writings on business law (Vietnam Trade Law 2005, Law on Enterprises, Law on cooperatives, Law on State-owned Companies 2003 and under-laws) Lesson 2.

Forms Business. Rights and obligations of businesses Lesson 3. Commercial contracts Lesson 4. Torts and Trade dispute resolution (Arbitration and Courts) Lesson 5. Dissolvent and bankruptcy (self-study? ) Law on Enterprise 2005 10 International Law 1. Introduction 2. Public International Law 3. Private International Law Pre 8: International Treaties (UN charter, Marine law, GAAT, CISG) Pre 9: International Organizations (UN, WTO, WB, EU, ASEAN) 11 Tutoring class: Legal problem-solving cases Learn to analyze and solve a practical legal situation.

Students will be divided into groups and given one case. After 45 mins of discussion, groups of students will present the 10 BA167IU VNU – INTERNATIONAL UNIVERSITY INTRODUCTION TO VIETNAMESE LEGAL SYSTEM SCHOOL OF BUSINESS ADMINISTRATION analysis of the assigned case. Q&A session for the presented case. 1. The Law – 1 presentation 2. Constitutional Law – 3 presentations 3. Administrative law – 1 presentation (a case of illustration) 4. Criminal Law – 2 presentations 5. Labour Law – 1 presentation (regimes) 6. Intl law – 2 presentations 11 1 The syllabus is prepared following the format provided by the School of Organisation and Management, University of NEW SOUTH WALES, WITH KIND PERMISSION.