Vietnam National University HCMC

International University
SCHOOL OF BUSINESS ADMINISTRATION

COURSE SYLLABUS1

BA167IU
Introduction to
Vietnamese Legal System

Note: The outline with specific venue and time, and updated learning materials for the
current semester will be provided to the enrolled students by the lecturer
BA167IU VNU International University
Introduction to Vietnamese Legal System School of Business Administration

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BA167IU VNU International University
Introduction to Vietnamese Legal System School of Business Administration

1. COURSE STAFF

Lecturer: LLM Ta Diu Thuong

Room: L108
Telephone: 0822114034
E-mail: tdthuong@hcmiu.edu.vn
Consultation Hours: 14.00 15.30 every Friday

Teaching Assistant: Nguyen Ngoc Hoang Nam

Telephone: 0908554001
E-mail: nam.nguyennh@gmail.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
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22.1 Teaching times and Locations
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Lecture: TBA
Venue: L 109
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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 lessons part is not only a chance for
students to clarify the studying materials, but also learn how to answer in a most efficient

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BA167IU VNU International University
Introduction to Vietnamese Legal System School of Business Administration

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 students 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.

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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.

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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 courses
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)

Marking Criteria Marks Learning outcomes/attributes

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BA167IU VNU International University
Introduction to Vietnamese Legal System School of Business Administration

Quality of arguments: 20 Ability to give compelling arguments and

relevance, logic and cohesion reasoning to support analysis
Use of frameworks to 20 Ability to structure problems in accordance
support analysis with theoretical frameworks and resolve
them
Use of case evidence to 20 Ability to conduct applied research to gather
support analysis data/information pertaining to the case
Originality and usefulness of 20 Ability to engage in creative problem
the analysis solving skills
Organisation, clarity of 20 Clarity of vision
expression, editing etc

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 ones 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

1
This is adapted with kind permission from the University of New South Wales.

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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.

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 V nh Quyn, Gio trnh Php Lut i cng, Ti bn c 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
Week Topic Learning materials and
activities
1 State & Law Allocation of Discussion
Overview of the course and explanation of Questions
syllabus and other academic matters
What is State? How to prepare for case
Nature, forms and functions of Socialist study presentation on
Republic of Vietnam Civil Law vs. Common
Law
2 What is Law? Pr1: Civil law vs.
Categorization of legal system and its branches Common law systems
in Vietnamese law
Nature, forms, enforcement and categorization
of legal writings in Vietnamese law
3 Constitutional Law Legal Text: Constitution
Lesson 1. of Vietnam
Introduction and history of Constitution.
Severe foreign Constitutions (USA, France) Pr2: History of Vietnam
History of Vietnam Constitution (since Constitutions: origin,
1946). Vietnam Constitution 1992 and its changes and the latest
nature and basic principles
Pr3: VN state system: All
Lesson 2. three branches and
Political, economic and other regimes of current heads of those
Vietnam State administrative
Basic rights and responsibilities of citizens. bodies
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).
Peoples Procuracy
Legislative branch: National Assembly
4 Administrative Law Legal Text: Ordinance on
Lesson 1. Definition, subject matter, methods and dealing with
sources of Vietnamese administrative law. administrative Offences)
Comparative study pre 4: Introduction to
BAILIFF (Tha pht li).
Lesson 2. System of administrative laws (state
management): General and specific

Lesson 3 and 4. Administrative acts.

Administrative law violations and penalty
 Principles
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 Legal Text: Criminal
Definition, subject matter, methods and sources of Procedure Code ,
Vietnamese criminal law. Criminal Code
Pre 5: Discussion on
Analysis of Crime under Criminal Code case Le Van Luyen
Definition and features of crimes
Elements and categorization of crimes - legal capacity
- Punishment regime and
Analysis of Punishment under Criminal Code its justification
Definition and objective of punishments - Mitigation facts finding
System of punishments: main and additional and proofs of
prosecution.
Effectiveness of punishments

Criminal procedure

6 Civil Law (Part I) Legal Text: Civil Code

General Introduction: 2005
Definition ! Reading of Civil Code
Subject matter for W 5 and 6 is a must!
Sources and Nature Civil law relationship

Civil relations (legal and physical persons)

Natural Person
Legal Person
7 Civil Law (Part II)
Main institutions of civil law:
Discussion on cases of
Ownership and property nature and forms
substance.
Civil obligations and Civil contracts and
Inheritance Pre 6: Goods keeping
Civil procedure services.
Filing a civil claim
Case procedure
Conciliation and preparation to the Trial
Appealation and judgment enforcement
8 Labour Law Legal Text: Labour Code
General introduction
Definition, subject matter, methods and * Note: Social
 sources of Vietnamese labour law. insurances and Trade
Vietnam Labour Code: main provisions Unions (self-study)

Labour law relations Pre 7: Discussion on

Definitions and nature of labour law Foreigners live and
relations work in VN
Labour contract: nature and its forms

Rights and obligations of employers and

employees
Employers
Employees
9 Business Law Law on Enterprise 2005
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?)
10 International Law Pre 8: International
1. Introduction Treaties (UN charter,
2. Public International Law Marine law, GAAT,
3. Private International Law CISG)
Pre 9: International
Organizations (UN,
WTO, WB, EU, ASEAN)

11 Tutoring class: Students will be divided

into groups and given one
Legal problem-solving cases case. After 45 mins of
Learn to analyze and solve a practical legal discussion, groups of
 situation. students will present the
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
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The syllabus is prepared following the format provided by the School of Organisation and Management, University of
New South Wales, with kind permission.