Vietnam National University HCMC International University SCHOOL OF BUSINESS ADMINISTRATION

COURSE SYLLABUS*

BA081IU Business Law

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 Introduction to Vietnamese Legal System

VNU International University School of Business Administration

1. COURSE STAFF Lecturer: Room: TBA Telephone: E-mail: Consultation Hours: to be informed at first lesson of each course. Teaching Assistant: Room: Telephone: E-mail: Consultation Hours: TBA TBA TBA TBA TBA

Should the students wish to meet the staff outside the consultation hours, they are advised to make appointment in advance. 2. COURSE INFORMATION 2.1 Teaching times and Locations Lecture: Venue: 2.2 Units of Credit 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 You must take course of Introduction to Vietnamese Legal System in order to register for this course. This is also strongly recommended to take up this course to succeed in severe other elective subjects, such as Franchising or Legal Environment for Businesses. 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 TBA TBA

BA167IU Introduction to Vietnamese Legal System

VNU International University School of Business Administration

students to clarify the studying materials, but also learn 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 business Law. Introduce to students about main business forms in Vietnam and regulations for each. Also, possibility of reorganization and Insolvency for enterprises, as main subject matter of this course. Increase the students understanding of the Vietnamese regulations over business dispute resolution, Expose the student to legal reasoning and develop his/her ability to apply legal concepts. Introduce students to main trade international organizations and main international trade rules. 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 Legal regulations on business activities and enterprises. Main concepts and principles. Knowledge on specific issues for operation, reorganization and insolvency of enterprises Ability to analyze and choose the best way to solve business disputes and apply best suitable regulations for enterprises. 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 organizational problems that enable management to guide multinational organizations through complex and ambiguous environments. Argument and reasoning. Analyze, evaluate and construct arguments employing different modes of reasoning and different types of evidence.

BA167IU Introduction to Vietnamese Legal System

VNU International University School of Business Administration

Disciplinary and multidisciplinary perspective. Bring disciplinary and multidisciplinary perspectives in straightening out situations and projecting possible outcomes. Profound knowledge of legal language and its application.

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 Behavior 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

BA167IU Introduction to Vietnamese Legal System

VNU International University School of Business Administration

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.

4.4 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 cpz. 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.

BA167IU Introduction to Vietnamese Legal System

VNU International University School of Business Administration

Students must keep copies of all work submitted.

5.4 Marking criteria (project report and case presentation) Marking Criteria Quality of arguments: relevance, logic and cohesion Use of frameworks to support analysis Use of case evidence to support analysis Originality and usefulness of the analysis Organisation, clarity of expression, editing etc Marks 20 20 Learning outcomes/attributes Ability to give compelling arguments and reasoning to support analysis Ability to structure problems in accordance with theoretical frameworks and resolve them Ability to conduct applied research to gather data/information pertaining to the case Ability to engage in creative problem solving skills Clarity of vision

20 20 20

5.5 Class participation and Presentation A minimum attendance of 80 percent is compulsory. Students will be assessed on the basis of: a) Presentation of case 15% b) 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 Assignment. 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.

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

BA167IU Introduction to Vietnamese Legal System

VNU International University School of Business Administration

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. Civil Code of Vietnam - 2005 http://www.freshfields.com/publications/pdfs/2006/14247.pdf 2. Commercial Law 2005 http://www.moit.gov.vn/vsi_portlets/UserFiles/LegalText/Upload/Commercial%2 0Law_English%20version.doc 3. Law on Investment 2005 http://www.moit.gov.vn/vsi_portlets/UserFiles/LegalText/Upload/Law%20on%2 0investment.doc 4. Law on Enterprises 2005 http://www.moit.gov.vn/vsi_portlets/UserFiles/LegalText/Upload/Law%20on%2 0Enterprises.doc 5. Law on Intellectual Property 2005 http://www.noip.gov.vn/noip/cms_en.nsf/(agntDisplayContent)?OpenAgent&UNI D=18572C84165D0FC1472570DF00314856 Reference Books: i hc lut HN, Gio trnh Lut Thng mi, Ti bn c b sung, NXB 2008. 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) MPI - Vietnam (Official website of Ministry of Planning and Investment) 7.2 Other Resources, Support and Information Additional 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.

BA167IU Introduction to Vietnamese Legal System

VNU International University School of Business Administration

8. COURSE SCHEDULE Week Topic 1 Business Law and ethics Overview of the course and explanation of syllabus and other academic matters What is Business Law? Nature, forms and functions and method of regulation Comparative study of severe business law systems Forms of businesses and its regulations? Forms of businesses under Law on Enterprises 2005 LLC Partnerships Private Enterprises SOEs Other forms of businesses under laws Cooperatives Business Registration and Re-organization Business Registration Formalities Procedures SAB in charge. Reorganization Consolidation Merger Separation Division Dissolution Insolvency General introduction Principles of Vietnamese regulations on Insolvency Comparative study Procedure Initiate an Insolvency 1st Creditors Meeting ALMT Business Restoration Plan OR Declaration of Bankruptcy Legal effect

Learning materials and activities Allocation of Discussion Questions

Students are to prepare 02 presentations on topics: Forms of Enterprises under LoE and Law on Cooperative

02 Student presentation on topics Business Registration AND Business Reorganization. Discussion on severe cases of practice.

Presentation on topic: Business Restoration Plan

Business Dispute resolutions General Introduction

Legal Text: Criminal Procedure Code 8

BA167IU Introduction to Vietnamese Legal System

VNU International University School of Business Administration

Dispute resolution under Civil Procedure Procedure for filling a case Formalities of resolution Dispute resolution under Arbitration
General Introduction about Vietnamese regulations on Arbitration and Ordinance on Arbitration 2004. Procedures under Ad-hoc and Permanent Arbitrations Contractual Law (Part I) General Introduction: Definition Subject matter Principles Contract Formation Offer Acceptance Enforcement Contractual Law (Part II) Contract Implementation Ownership and property nature and forms Civil obligations and Civil contracts and Inheritance Breaches and Remedies Breaches and its forms Remedies (7 types)

Discussion on cases of substance.

Legal Text: Civil Code 2005 ! Reading of Civil Code for W 5 and 6 is a must!

Discussion on cases of substance.

Discharge of contract By law By breaches By impossibility Other Agency and Intermediary activities
General introduction

Definition; Subject matter; Methods and sources of Intermediary activities. Comparative study (UK, US, Germany). Agency Definition Rights and obligations of parties Trade representative Definition

Student presentation on topic Agency history and severe countries experiences

BA167IU Introduction to Vietnamese Legal System

VNU International University School of Business Administration

Rights and obligations of parties Mediator Definition Rights and obligations of parties
9 Investment Law General introduction:

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Subject-matter, method of regulation Direct investment. BOT BTO BT BCC Indirect investment Investment incentives International Trade Law
Introduction

International Trade Law, MsGrawhill, 2007

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Sources of International trade law: Treaties, customs Main International Trade and Organizations Regional trade organizations EU ASEAN, MERCOSUR Sector-specific OPEC UNCITRAL ILO WTO regulations History and background WTO and its main principles Organization structure Main principles and concepts of the WTO National Treatment MFN Like-products Main Agreements of the WTO: SPS, TRIPS, TBT, IPRs

Student presentation on topic Agency history and severe countries experiences

Student presentations of students on WTO: history of establishment and its main organization structure Quizz on main principles and concepts on the WTO

The syllabus is prepared following the format provided by the School of Organisation and Management, University of New South Wales, with kind permission.

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