Sessions 5&6

State and Law in Vietnam

EXERCISE 1:
Style of Law: Socialist Style
Forms of Law: Customary + Statutory + Case Law
EXERCISE 2:
Central Level: National Assembly President
Government Supreme People’s Court Supreme
People’s Prosecution
Municipal/ Provincial P’s Council P P’s Committee P P’s Court P P’s
Prosecution
Local Level Level
District P’s Council D P’s Committee D P’s Court D P’s
Prosecition
Level
Communal P’s Council Commune P’s Committee
Level
EXERCISE 3: Check for Ex 1
EXERCISE 4:
Validity: Up to Down: Decrease
Case Law: Constitution + Codes/Laws  The NA
Ordinances  The Standing Committee of the NA
Decrees  Government
Circulars  Ministry/ies/er
Resolutions  State bodi(es)
Decisions  Head of State bodi(es)
EXERCISE 5:
E.g
a) Constitution – The National Assembly
b) Civil Code - The National Assembly
c) Law - The National Assembly
d) Ordinance – The Standing Committee of the NA
e) Decree – The Government
f) Circular – Ministry/ies
g) Resolution - ??
EXERCISE 6: Legal Norms
Components Assumption Regulation Sanction
Criteria
Similarity Part of a legal norm
Dissimilarity
What? …. …. ….
e.g

EXERCISE 7:

a) A purchaser/ must pay the full price at the agreed place and time (Sect. 1, Art. 440,
Civil Code 2015).
b) If the purchaser fails to make payments, he/she/it /
Assumption
must pay interest on the late payment as prescribed in Article 357 of this Code (Sect. 3,
Art. 440, Civil Code 2015).
Sanction
EXERCISE 8: Legal Relation
Elements Subjects Contents Objects
Legal Relations
What? Parties Rights and obligations of parties in Benefits aimed
connection to the object at by parties
Types Individuals Rights of Obligations of Properties
Organizations parties/ subjects parties/ subjects Conducts
States in connection in connection Non-conducts
with the objects with the objects (Bất tác vi, hành
vi ko làm cái gì
 đó)
State is a parties: mua bán trái phiếu với người dân – Non conducts: hai nhà nước
không cạnh tranh, mỗi người với một khu vực kinh doanh khác nhau.
Hai bên ngừng bắn giữa hai bên đang tranh chấp xung đột với nhau.
Cấm phổ biến vũ khí hạt nhân. (Anh đừng có bán công nghệ/ vũ khí cho bên thứ
3).
SVO
Chủ thể - Nội dung – Khách thể

Sessions 7
Types of Law
EXERCISE 1:
1. What is national law? a.Vietnamese law b.UK law c.US law

2. From the perspective of the UK, what is national law?

a.Vietnamese law b.UK law c.UK-Vietnam Free Trade Agreement
3. From the perspective of the UK, what is international law?
a.Vietnamese law b.UK law c.UK-Vietnam Free Trade Agreement
EXERCISE 2:
Types National Law International Law
Criteria
Similarities Law
Dissimilarities
Names Domestic Law Law of the Nation
Municipal Law

(National law => nation => (International law ⇒

Makers Every single state >2 States

International ⇒ Inter-
national ⇒ among nation ⇒
state)

among state)
E.g National Law of Vietnam International Trade Law
National Law of the US International Financial Law
National Law of the UK International Investment
Law
Spatial scope of application Within state territory Among states
Exception : extra-
 territoriality

EXERCISE 3:
1. What is substantive law? a.Written statutory rules b.The mechanics of how
to process a case
c.The standard by which the courts operate d.A loose set of rules and
regulations
2. What is procedural law?
a.The mechanics of how a legal case flows. b.Written or statutory law
passed by the legislature.
c.The interpretation of the criminal code. d.The responsibilities citizens owe
each other.

EXERCISE 4: Substantive vs Procedural Law

Types Substantive Law Procedural Law
Criteria
Similarities Law
Dissimilarities
Subject-matters/ Contents Create, define and regulate: Define the
- (Legal) rights and procedures/methods by
- (Legal) obligations which to obtain a remedy in
a count
E.g Law of sale contracts Rules of dispute settlement
(defining the right and (eg: means of DS)
obligations of the buyer and
the seller)

EXERCISE 5: Public vs Private Law

Public Law: Constitutional/ Administrative/ Criminal Law
Private Law: Commercial/ Family/ Property/ Labor Law/ Law of succession
EXERCISE 6:
Types Public Law Private Law
Criteria
Similarities Law
Dissimilarities
Subject-matters/ Contents Regulation the organization Regulating the relations
 of government & with its among persons and
relations organizations
Subjects/ Parties to relations - Public actors/STATE - - Private actors - State -
(private actors) (if relevant) Public actor (if relevant)
E.g Như trên Như trên

EXERCISE 7+8:
Types Civil Law Criminal Law
Criteria
Similarities Law
Dissimilarities
Subject-matters/ Contents Controls the actions Crime is an offence against
between individuals and or the society even though
business organizations only one person may suffer
Aim Compensate a person who Punish the criminal and
has suffered a loss by money is paid to the state,
receiving money. This is not the victim
known as damages
Disputants At first-instance courts: Prosecution/Prosecutor
- Plaintiff (công tố viên) Accused (bị
- Defendant/ Respondent cáo)
- Cross - plaintiff (nguyên
đơn chéo) - Cross –
defendant (bị đơn chéo)
At appeal courts:
- Appellant
- Appellee

EXERCISE 9:
Types Civil Law Criminal Law
Criteria
Dissimilarities
Burden of Proof (Who has to Falls on the Plaintiff Falls on the Prosecution
prove?)
Standard of Proof (How Balance of Probabilities Beyond Reasonable doubt
much evidence is sufficient
to win a lawsuit?)
Verdict Proven or Not Guilty or Not
Remedies Damages - Fines
Injunctions - Imprisonment
Death sentence
EXERCISE 10: Name roles of parties and remedies
1. Penny sues Desmon for breach of contract asking for and obtaining damages of
£10,000. -> Civil law
The roles of the parties involved are:
- Penny: Penny is the plaintiff or claimant who initiates the legal action by suing
Desmon for breach of contract. As the plaintiff, Penny is seeking a legal remedy for
the harm or loss suffered as a result of Desmon's alleged breach.
- Desmon: Desmon is the defendant in the case. Desmon is the party against whom
the legal action is brought. Desmon is accused of breaching the contract with Penny,
and he must defend himself against the allegations made by Penny
The remedies sought and obtained:
- Damages: Penny is asking for and ultimately obtains damages of £10,000. Damages are a
common remedy in civil cases, where the party that suffered harm or loss is awarded
monetary compensation to compensate for the damages caused by the breach of contract.
In this case, Penny is seeking £10,000 as compensation for the losses she incurred due to
Desmon's breach.

2. Agatha is being prosecuted for an offence. She thinks that she cannot be sentenced to
more than six months imprisonment or fined more than £5,000. => Criminal Law
The roles of the parties involved are:
- Agatha: Agatha is the defendant in the case. She is the individual who is being
prosecuted for an offense. Agatha is the accused party who is facing criminal charges
brought by the state.
- Prosecution: The prosecution represents the state or government and is responsible
for presenting the case against Agatha. They are tasked with proving Agatha's guilt
and seeking a conviction for the alleged offense.
The potential remedies or outcomes in a criminal case:
 Sentencing: If Agatha is found guilty of the offense, the court will determine an
appropriate sentence based on the severity of the offense and other relevant factors.
The sentence could include imprisonment, fines, probation, community service, or
other punitive measures.
EXERCISE 11: Name roles of parties anf remedies:
Civil case. In civil law, individuals or entities seek remedies for disputes between private
parties, such as contractual breaches, property disputes, or personal injury claims.
The roles of the parties involved are:
 - B: B is the plaintiff or claimant who has sued the moving house company for the
damage caused to their furniture during the move. B is seeking compensation for the
value of the damaged furniture, which is valued at AUD 1,000.
- Moving House Company: The moving house company is the defendant in the case.
They are the party against whom the legal action is brought. The company is being
sued by B for the damage caused to their furniture during the move.
The potential remedies in a civel case:
- Compensation: B is seeking compensation for the damage caused to their furniture,
which is valued at AUD 1,000. If B is successful in their lawsuit, the court may order
the moving house company to pay damages in the amount of AUD 1,000 to B as
compensation for the damage.
EXERCISE 12:
Types of Public law Private Substantiv Procedural Civil Criminal
Laws e
Case
X X X
A claim for
non-
payment of
a debt
worth
$5000

X x
A claim for
personal
injury from
a motor
accident
for
approximat
ely $130
000

x x x
A dispute
between a
citizen and
the federal
tax
commissio
ner

x x X
A
constitutio
nal dispute
between
states in
Australia

A murder x x x
charge
Parties X X X
negotiate
to settle
their
disputes
A court x x x
dismisses
a case for
the lack of
jurisdiction