MIDTERM QUESTION
In a 2021 – November political trip to the UK of Vietnamese Prime Minister, Ms
Nguyen Thi Phuong Thao, the Vietjet Air owner, donated $ 212.000.000 to Linacre
College belonging to Oxford University. Learn on this event & comment it on the
flowings:
1. The benefits for Vietnam – Britain in educational culture aspect
Each country's education system is influenced by its history and culture. Since
Vietnam and Britain have very few similarities in those two aspects, their education
systems have little in common. There are benefits in educational culture aspect: stages,
the values basis, teaching style, learning style, and the grading system
The stages of education
In Vietnam, there are five stages of education: preschool, primary, junior high
(also known as intermediate), high (also called secondary) and higher education. The four
stages between preschool and high school are divided into twelve academic years.
Preschool education is for children age 0 – 6. Primary education consists of five
academic years, 1 to 5. It is for children between 6 and 11 years old. There are four years
of junior high education, 6 to 9, for children from 11 to 15 years of age. High education
has three academic years, 10 to 12, for students between 15 to 18 years old. Higher
education is for people who have completed the twelve academic years, usually 18 and
above of age. Education in Vietnam is a state-run system of public and private education
run by the Ministry of Education and Training. The government partially subsidizes
tuition fees for public schools, which means tuition fees at private schools will be much
higher.
In Britain, the stages are numbered from 0 – 5 with stage 0 and stage 1 equivalent
to early years, stage 2 to primary, stage 3 to secondary, stage 4 to further education and
stage 5 to higher education. The system starts with stage 0, for children from 3 – 5 years
old. It is followed by stage 1, for children within the age range of 5 – 7. Next comes stage
3, which is for children from age 11 to 14. Stage 4, for children from 14 – 16 years old,
comes afterwards. The last stage, stage 5, is for students from 16 to 19 years of age. In
the UK education system, schools are either state schools funded by government and are
free for all pupils, or they are independent schools and charge fees to the parents of the
pupils
In general, the stage of education at Vietnam has similarities with Britain. They
are all focus on only goal is "training quality human resources, and nurturing and
fostering talent."
The values basis
In Britain, as a part of Western culture, values creativity, critical thinking and
activity in learning and teaching. Besides, they are always aim for fairness, promote
opportunities and improvement. Encourage students to pursue their passions and
interests.
In Vietnam, in contrast, requiring learners to have a same set of thoughts, hard-
working, a good memory, discipline in the collective rules, and personal ethics. The most
schools have slogan “Tien hoc le, hau hoc van” (Learn social propriety first, after that
learning lesson). The aim of education in Vietnam is to educate people to become good
citizens in both knowledge and morality.
The teaching style
In Britain, students and teachers are seen as equals. Students are encouraged to ask
questions and question the knowledge of the teachers. Furthermore, teachers do not
require students to hold the same opinion as them. The text books also vary; usually, that
matters depends on the teachers. Students are free to use the information they find
elsewhere, as long as the source is valid and they have references to them.
On the contrary, in Vietnam, the relationship is rather hierarchical and absolutely
teacher-centred. Teachers themselves are thus automatically assumed to be moral guides
or role of models (the Constitution of Vietnam, the Education Law of Vietnam). Students
highly respect their teachers and they consider teachers as the transmitter of knowledge.
Vietnamese teachers provide all details of the lesson an all learners have to do is
absorbing those knowledge. Teachers always encourage and stimulate creativity,
exploring knowledge, moral education and discipline for all students in the class.
The learning style
British students are expected to be independent. Their curriculum requires a lot of
self-study. This stimulates curiosity, creativity and a passion for learning. Most of the
times, they have to work out the answers to questions on their own.
In Vietnam, the education system emphasizes comprehensiveness, focusing on
knowledge and ethics. Students are fully trained in the fundamental knowledge required
from mathematics, physics, and chemistry to literature, history, geography, civics and so
on.
The grading system
In Britain, the grading scheme is varied, depending on the places and the
qualifications. Generally, the percentage and word scale is used. Students are marked on
a scale from 0 – 100%. The figures are then transferred to their equivalence in letters in
the alphabet; e.g. in the Advanced Level grading scheme, 80% equals an A*. Tests in
Britain are skill-inclined and has many open questions, so their answers are quite flexible.
It focus on creativity and practical applicability. If a student get a score beyond 70%, that
is considered very well.
In Vietnam, generally, the scale from 0 to 10 is used to grade students, despite
minor changes in the grading scheme in the primary education level. Depending on the
tests, scores for each part of the answers or for each multiple choice answer can be
divided into single units of down to 0.125. Tests in Vietnam are to review the old lesson,
check the level of understanding knowledge, and find some student‘s qualities are
available for sun smart through difficult questions. In order to be considered a good
student, scores beyond 8 are expected.
2. The relationship between Vietnam – Britain in business culture aspect
International business deals not only cross borders, they also cross cultures.
Culture profoundly influences how people think, communicate, and behave. It also
affects the kinds of transactions they make and the way they negotiate them. Business
culture is characterized by Meetings, Relationship Oriented and Considerations.
1. Meetings
British people often make the appointment for their meeting a few days in
advance. Lateness reflects badly in a professional setting, if they are chairing the meeting,
it’s even more crucial to start punctually. Besides, business cards are exchanged during
introductions without formality. It can be helpful to preface any discussion of business
with a few minutes of social conversation. They only talk about impersonal topics (such
as the weather) to avoid intruding in their private lives. The British may use humor
throughout dealings to lighten the setting, so reciprocate this to build a good atmosphere
for discussion. They always give the impression that everything is well managed and
under control. On the one hand, the British like to feel relaxed about business, no matter
what the situation may be. In an effort to be diplomatic, the British do not disagree very
openly. Instead, they may use vague statements (e.g. “That might be tricky”), humor and
tentative or non-committal agreements (e.g. “Hmm, that’s an interesting idea”) to indicate
that they are not in full agreement with business partner. The British generally do not like
to rush and are unlikely to commit to anything immediately, so don’t expect final
decisions to be made during first meetings. Finally, finalise all agreed-upon commitments
in writing.
In Vietnam, people generally enter a meeting in order of importance – the highest
ranking person arriving first and so on. The same goes for introductions. They are
expected to greet everyone in the room individually, even if the group is large. Besides,
Vietnamese colleagues will be interested to know business partner‘s age so they can
address partners properly. Asian culture interprets the respect you show someone's
business card to be indicative of the respect you will show the individual in business. On
the one hand, they always have a few moments of social conversation to pass before
mentioning business. Finally, they often get negotiate in a firm and fair manner; appeal to
logic and justice.
2. Relationship Oriented
In Britain, managers may appear to be part of the team as they only keep a
marginal power distance, but business hierarchies are still definitive. The status of
managers may be hard to detect as they try to have consensus before directing others.
Furthermore, directions are hinted at and instructions are polite requests such as,
“Perhaps we should try…”, or “Do you think you could…”. This avoids regimentation
and formality in the workplace. Nevertheless, managers’ suggestions are to be followed
as though they were given as firm orders.
In Vietnam, workplaces are hierarchical, based on age and position. Everyone has
a distinct place and role within their business. Everyone is consulted before reaching a
decision, which can lead to lengthy negotiations. Besides, most Vietnamese business
people are internationally exposed and culturally aware. However, this may vary
depending on ethnicity, age, gender and status. When there is a point of tension or
difficulty that can’t be resolved, Vietnamese businessmen sometimes resort to sitting in
silence. This is their way of allowing the conversation to simmer back to harmony so that
there is a clear space for a new topic of discussion. And to avoid the loss of face, a
Vietnamese person may seek to resolve issues in the workplace indirectly. For example,
they may use a third person to reject a proposal, ask for feedback or discuss problems.
3. Considerations
The British enjoy working with those who they have some kind of familiarity
with. Thus, try using a familiar third party introduction to initiate business relationships.
The pub is often an intermediate place between work and socialization where colleagues
can rest their professional pretences and bond in a non-hierarchical setting. Besides, they
may be invited to meetings at pub lunches or over dinner. In these settings, the host who
offered the invitation pays the bill. Much importance is put on fair play in the British
business culture. Thus, while it is okay to be competitive, impeding on others and playing
dirty will be remembered and denounced. On the on hand, nepotism in the workplace is
often frowned upon.
In Vietnam, personal relationships play a large role in business culture. Third-
party introductions are almost a necessity, as Vietnamese people prefer to work with
those they know and trust. For them, trust is key to good business. They will be looking
for honest commitment to the relationship from you. Their business networks are often
comprised of relatives and peers as nepotism guarantees trust. They only want to expand
their networks with partners they can rely on. Also, Vietnamese business people may take
spoken word as fact. The business partner will lose face in their eyes if they do not act on
their word. It can be very difficult to regain their confidence once you have broken a
‘promise’.
3. Some people said “Why did developing nation like Vietnam donate a huge
amount of money to a rich one? We definitely do charity work in various ways.”
Comment this statement.
Nguyen Thi Phuong Thao is a Vietnamese businesswoman, is known as the
founder and chairwoman of Sovico Group, a shareholder of the first private airline in
Vietnam, Vietjet Air, and vice-chairwoman of HDBank, a large commercial lender. On
Nov 1, Linacre College, University of Oxford (United Kingdom), announced on its
website that the college had just signed a memorandum of understanding (MoU) with
Mrs. Nguyen Thi Phuong Thao. The college will receive from Mrs. Nguyen the
investment funding for research and education development with a total value of nearly
US$212 million. In recognition of this generous gift, Linacre College promises to change
the college’s name to Thao College. This is hot news in the community and some people
wondered “Why did developing nation like Vietnam donate a huge amount of money to a
rich one?
In my opinon, I think we should stand back and give this situation some long, careful
thought. Changing the college’s name of Oxfort to Thao College is a good event to let the
world see the scope of Vietnamese businessmen. It would be the key for Vietnam to
move up the development ladder in business around world. That is the success in creating
relationships between Vietnam and foreign countries.
In the event that, her businesses have signed contracts worth billions of dollars with
famous foreign enterprises. Notably, VietJet announced a US$400 million deal with Rolls
Royce for engines and servicing for their aircraft. This is a successful and beneficial step
for Vietjet when receiving advanced modern technologies and equipment related to
aircraft. Bên cạnh đó, Ho Chi Minh City Development Commercial Joint Stock Bank
(HDBank) and Affinity International Investment Fund signed a cooperation agreement on
supporting and mobilizing capital for HDBank for Vietnamese businesses worth 300
million USD, financing for programs that meet the criteria of Environment - Society -
Governance (ESG), sustainable development. Signing an agreement to bring about
effective cooperation between the two organizations, including financial support,
investment and capacity building, spending capital for the development of businesses
with the purpose of serving the needs of society. Bringing Environmental - Social -
Governance factors into business and investment activities through capital financing will
create long-term and sustainable values for businesses.
So, There’s stll a flip side that why Mrs Nguyen Thi phuong Thao dosen’t use
such a large amount of money to help Vietnamese people? Actually, She has helped her
country a lot through charity work, helping victim of covid -19. In the current difficult
situation of the COVID-19 pandemic, Mrs. Nguyen Thi Phuong Thao is one of the
pioneering female entrepreneurs together with the State Treasury (Ministry of Finance),
Informatization Department (Ministry of Information and Communications) to contribute
to the universal vaccination program; build an online donation website for the COVID-19
Vaccine Fund at www.quyvacxincovid19.gov.vn. Thanks to this website, for the first
time, there is an online interaction between benefactors and the Fund's management
agency. In addition, she is also one of those who have the initiative to organize a event
which is an international online concert, attracting the support of a large number of
domestic and foreign organizations and individuals to contribute to the Vietnam Fund for
Vaccination Prevention of Coronavirus Disease 2019 amounted to nearly 9,000 billion
VND.
Therefore, the work of Ms. Nguyen Thi Phuong Thao shows her great vision,
ambition, desire for a powerful Vietnamese people. And take the economic relationship
Vietnam to the next level.
FINAL TEST QUESTION
Compare & contrast the 2 legal systems “Common Law” in Britain and “Civil law”.
Civil Law Common Law
Legal Legal system originating in Europe Legal system characterized by
System whose most prevalent feature is case law, which is law developed
that its core principles are codified by judges through decisions of
into a referable system which courts and similar tribunals.
serves as the primary source of
law.
Role of Chief investigator; makes rulings, Makes rulings; sets precedent;
judges usually non-binding to 3rd parties. referee between lawyers Judges
In a civil law system, the judge’s decide matters of law and, where
role is to establish the facts of the a jury is absent, they also find
case and to apply the provisions of facts. Most judges rarely inquire
the applicable code. Though the extensively into matters before
judge often brings the formal them, instead relying on
charge. arguments presented by the part.
Constitution Always. Not always.
Precedent Only used to determine Used to rule on future or present
administrative of constitutional cases.
court matters.
Role of jury In cases of civil law, the opinion of Juries are comprised only of
the jury may not have to be laypersons — never judges. In
unanimous. Laws vary by state and the U.S., juries are employed in
country. Juries are present almost both civil and criminal cases.
exclusively in criminal cases; Their function is to weigh
virtually never involved in civil evidence presented to them, and
actions. Judges ensure law prevails to find the facts and apply the
over passion. law.
History The civil law tradition developed Common law systems have
in continental Europe at the same evolved primarily in England and
time and was applied in the its former colonies, including all
colonies of European imperial but one US jurisdiction and all
powers such as Spain and Portugal. but one Canadian jurisdiction.
For the most part, the English-
speaking world operates under
common law.
Sources of 1. Constitution 2. Legislation – 1. Constitution (not in the UK) 2.
Law statutes and subsidiary legislation Legislation – Statutes and
3. Custom 4. International Law 5. subsidiary legislation 3. Judicial
[Nota bene: It may be argued that precedent – common law and
judicial precedents and equity 4. Custom 5. Convention
conventions also function within 6. International Law.
Continental systems, but they are
not generally recogn
Type of Inquisitorial. Judges, not lawyers, Adversarial. Lawyers ask
argument ask questions and demand questions of witnesses, demand
and role of evidence. Lawyers present production of evidence, and
lawyers arguments based on the evidence present cases based on the
the court finds. evidence they have gathered.
Evidence demands are within the Widely understood to be a
Evidence sovereign inquisitorial function of necessary part of the litigants’
Taking the court — not within the effective pursuit or defense of a
lawyers’ role. As such, claim. Litigants are given wide
“discovery” by foreign attorneys is latitude in US jurisdictions, but
dimly viewed, and can even lead to more limited outside the US. In
criminal sanctions where the any event, the litigants and their
court’s role is usurp. lawyers undertake
Evolution Both systems have similar sources Both systems have similar
of law- both have statutes and both sources of law- both have statutes
have case law, they approach and both have case law, they
regulation and resolve issues in approach regulation and resolve
different ways, from different issues in different ways, from
perspectives. different perspectives.
In your opinion, which legal system does Vietnamese Laws belong to? Why? Cite a
code to Illustrate.
Vietnam has a civil law system; therefore sources of law include mainly written laws.
Law refers to various types of legislation; therefore sources of law included many types
of legal document issued by competent agencies as prescribed by Law on Laws 2008.
The sources of law include the following documents (Article 2, Law on Laws 2008)
1. Constitution, laws and resolutions of the National Assembly.
2. Ordinances and resolutions of the Standing Committee of the National
Assembly.
3. Orders and decisions of the State President.
4. Decrees of the Government.
5. Decisions of the Prime Minister.
6. Resolutions of the Justices’ Council of the Supreme People’s Court and
circulars of the Chief Justice of the Supreme People’s Court.
7. Circulars of the President of the Supreme People’s Procuracy.
8. Circulars of Ministers or Heads of Ministry-equivalent Agencies.
9. Decisions of the State Auditor General.
10. Joint resolutions of the Standing Committee of the National Assembly or
the Government and the central offices of socio-political organizations.
11. Joint circulars of the Chief Justice of the Supreme People’s Court and the
President of the Supreme People’s Procuracy; those of Ministers or Heads of
Ministry-equivalent Agencies and the Chief Justice of the Supreme People’s
Court, the President of the Supreme People’s Procuracy; those of Ministers or
Heads of Ministry-equivalent Agencies.
12. Legal documents of People’s Councils and People’s Committees.
The sources of law include 12 legal documents which are formed hierarchical
legal validity in principle. The Constitution has the highest legal validity in national legal
system. All legal documents must be consistent with Constitution and legal documents
issued by the higher state organs. If a legal document issued by the lower state organ is
inconsistent with Constitution and legal document issued by higher state organs, the
higher state organ will hold power to suspend it.
Judicial precedents
In principle, judicial precedents are not defined as a source of law. However,
Supreme Court has published material on the way it has dealt with cases and involved in
training judges in interpreting laws. Supreme Court holds power to issue circular for
providing guidelines on implementation of particular law for lower court. This circular is
defined as a source of law.
“There is no doctrine of binding precedent, although as a matter of practice, the
People’s Courts must follow the Supreme Court’s guidelines produced in the form of
“resolutions” or “conclusion reports”, which have binding effect upon not only inferior
courts, but also government authorities”.
International treaties/Conventions
To be a source of law, international treaties/conventions must be ratified by
Vietnam. International treaties/conventions become sources of law if they are applied
directly or indirectly in dealing with specific case in Vietnam. In general, Vietnam often
interprets international treaties into domestic laws as a way of implementation
international treaties in Vietnam. For example, Law on anti-corruption of Vietnam in
2009 interprets regulations of UNCAC.
Customary regulations
In principle, customary regulation is not a source of law. However, customary
regulations will be adopted as a source of law if they are used to deal with specific case in
reality. Vietnam defines customary regulations as a source of law in some legal
documents. For example, Article 3, Civil Code defines that: “In cases where it is neither
provided for by law nor agreed upon by the parties, customary regulations can be applied;
if customary regulations are unavailable, analogy of law may be applied. Customary
regulations and analogy of law must not contravene the principles provided in this Code”
In brief, sources of law in Vietnam include mainly legal documents issued by
competent agencies as prescribed by Law on Laws 2008. However, legal system still
remains many problems such as contradictory, loophole, overlap because of lacking an
effective channel for constitutional review. Government and Ministries hold power to
interpret Laws adopted by National Assembly and have played important role in
legislation. This mechanism ensures legal system respond quickly to the changes of
socio-economy but also raises many challenges to process of reforming legal system in
Vietnam.
