ASSIGNMENT 1 FRONT SHEET

Qualification BTEC Level 4 HND Diploma in Business

Unit number and title Unit 7: Business Law

Submission date 27/10/2023 Date Received 1st submission

Re-submission Date Date Received 2nd submission

Student Name Mầu Bích Thùy Student ID BH00778

Class BA0603 Assessor name NGUYEN THU HIEN

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I certify that the assignment submission is entirely my own work and I fully understand the consequences of plagiarism. I understand that
making a false declaration is a form of malpractice.

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II. The definition of law in general

Law is a type of legal document promulgated by the National Assembly (Parliament), with the highest legal effect,
just below the Constitution.

The law regulates basic issues in the fields of economy, society, defense, security, finance, currency, budget, taxes,
ethnicity, religion, culture, education, health, science and technology. education, technology, environment,
foreign affairs, organization and operation of the state apparatus, civil service regime, officials and civil servants,
rights and obligations of citizens. ( Luật, T.V.P. (2017) )

2.1The purpose of law.

Promulgate legal documents to regulate practical issues. Society is increasingly developing in diversity and multi-
dimensionality with complex relationships and many issues directly related to socio-economic stability and
development, posing practical problems for the State. must be resolved during the management and
administration process.

Legal documents aim to institutionalize and ensure the implementation of policies. Law is the expression of
policies. Promulgated laws can provide indirect measures, through the creation of legal corridors within which
each individual acts as a driving force. Through legal documents, localities introduce measures to properly manage
schools, hospitals, build and manage clean water systems, roads... Through legal documents law, local authorities
offer measures to attract investment, encourage the development of businesses, and effective enforcement
mechanisms.

Promulgate legal documents to create/allocate/promote resources for economic development. Legislation can
facilitate increased employment and increased income. The law creates conditions for owners to access
information and market technologies, with credit and management skills, thereby helping them increase labor
productivity and increase income.

Promulgating legal documents contributes to stabilizing social order and creating opportunities for good
management and development. It is necessary to distinguish legal norms from other social norms. While social
norms, although recognized by society, are still not guaranteed by state coercive measures, on the contrary, legal
norms are always guaranteed by coercive power. state regime.

Legal documents that change unwanted behavior and establish appropriate behavior. To create conditions for
development, we need to use the law to change the behavior of the majority of people, especially state officials.
State officials are the first people responsible for ensuring a fair, civilized, and democratic society on behalf of
those they represent, the people. On the one hand, local officials perform the tasks prescribed by law, but on the
other hand, this is also the entrustment of the people to their direct (People's Council) or indirect (People's
Committee) representatives. ) within the government apparatus. ( Thu, H. (2022)
2.2 Main sources of law in the UK or in Vietnam.

The legal sources of England and Vietnam have significant differences because England uses the common law
system and Vietnam uses the civil law system. Below I will discuss in detail the legal sources of the two countries

2.2.1. Law in UK

Common law, also known as case law, is a body of unwritten laws based on legal precedents established by the
courts. Common law draws from institutionalized opinions and interpretations from judicial authorities and public
juries. Common laws sometimes prove the inspiration for new legislation to be enacted. ( Chen, J. (2002)

III. THE ROLE OF THE GOVERNMENT IN MAKING LAWS AND HOW TO APPLY DOCUMENTED LAWS AND
APPLY IN COURTS

The role of the UK government According to my knowledge as of September 2021, the territories and
countries currently under the administration of the UK or part of the United Kingdom (United Kingdom,
UK) include : England: England is the majority of the United Kingdom, with its capital being London.
Wales (Wales): Wales is located in the west of the United Kingdom. Scotland Northern Ireland Falkland
Islands (Falkland Islands): Falkland Islands . Guernsey and Jersey:. Isle of Man: Isle of Man is located in
the Irish Sea. The British government operates within the framework of a constitutional monarchy with
the monarch (to my knowledge King Charles III) as the head of state and the prime minister as the head
of government.

National management: The government is responsible for managing the country's activities, including
the economic, social and security sectors. The government must ensure that the country operates
efficiently and provides basic services to the people.

Legislative and political: The government participates in the legislative process through participation in
the Council of Ministers and the National Assembly. Government also plays an important role in the
production and delivery of new canons and policies.

Diplomatic politics: The UK government represents the country in international affairs and negotiations
with other countries. This includes participating in international organizations, negotiating trade
agreements and collaborating with national partners.

Financial and budget management: The government must manage the nation's finances by setting the
budget, deciding on tax collection, and distributing financial resources to various sectors.
Protection and security: The government is responsible for protecting national security and interests.
This includes maintaining military and police forces to ensure internal security and participating in
international security operations.

Health and education management: The government provides basic health and education services to the
people. The government has a responsibility to ensure that the health and education systems operate
effectively and are accessible to everyone.

Environmental protection and natural resource management: The government must ensure
environmental protection and sustainable use of natural resources.

Definition and function of second legislation documents

 Secondary legislation' (also called 'subordinate legislation') is delegated legislation made by a person or body
under authority contained in primary legislation. Typically, powers to make secondary legislation may be
conferred on ministers, on the Crown, or on public bodies. For example, the Office of Communications
(OFCOM) is given such powers by the Communications Act 2003. The main types of secondary legislation are
Statutory Instruments, Statutory Rules and Orders, Church Instruments. (Th 2012)

 Functions of secondary legal documents:

Implementing authority: Secondary legal documents contain specific and detailed instructions on how to
implement higher-level laws. They help the body exercising legislative power (usually the government) apply and
implement laws effectively. For example, they may regulate how taxes are collected, review procedures, or safety
standards. Detailed adjustments: Secondary legislation provides flexibility for general legislation. They allow the
body exercising legislative power to regulate and change specific rules without having to change higher-level laws.
This may be necessary to respond to a change in situation or to adapt regulations to specific circumstances. Policy
guidance and implementation: Secondary legislation may contain guidance on how the body exercising legislative
power shapes and implements public policies. They help ensure that policies and regulations are implemented
consistently and in the way the country desires.

The difference between secondary legal documents and statutes

Secondary legal documents Statutes

The same points

The differents

Defien Legal application documents are documents Article 2 of the Law on Promulgation of
containing specific rules of conduct, issued Legal Documents stipulates that a legal
by competent agencies and individuals, document is a document containing
applied once in life and guaranteed to be legal regulations, promulgated in
 implemented by State coercion. . accordance with the authority, form,
order and procedures prescribed by
law.

About the Legal application documents include: a Legal documents are general rules of
constituent special rule of conduct, applied once to an conduct, have general mandatory
elements individual or organization that is the subject effect, and are applied repeatedly to
of the document's impact and has state agencies, organizations, and individuals
coercive nature. nationwide or to certain administrative
units. , promulgated by state agencies
and competent persons specified in this
Law and guaranteed by the State for
implementation.

applicable If a legal document applies, the subject of Legal documents are broad and do not
object application is only valid for one or several specifically identify any subjects,
subjects specifically identified in the including agencies, organizations, and
document, for example: The decision to raise individuals related to the document, for
salary for Mr. Nguyen Van A is the subject of example: Resolution No. 81/2017/NQ-
application. Mr. Nguyen Van A and related HDND of the province stipulates A
agencies, organizations, individuals. number of policies to develop Ha Tinh
tourism until 2025 and the following
years, the applicable subjects include
registered organizations, businesses,
cooperatives, households, and
individuals inside and outside the
province and abroad. Sign tourism
business activities in the province,
relevant agencies and organizations in
implementing tourism development
policies according to this Regulation

basis for For legal documents, the basis for issuance is For legal documents, the basis for
promulgation often based on legal documents and legal promulgation is all legal documents
documents of competent entities. with higher legal value such as the
Constitution, Laws and guiding
documents.

Regarding form, Legal documents are not currently specified Forms and subjects are clearly
subject and in the Law. specified in Article 4 of the Law on
promulgation Promulgation of Legal Documents
order 2015, including 15 forms of
promulgation corresponding to the
subjects with authority to promulgate
each type of legal document. At the
same time, from chapter III to chapter
XIII of the Law on Promulgation of Legal
Documents, it also clearly and in detail
stipulates the order and procedures for
promulgating legal documents.

Source: tuphap.hatinh. HT. (2017)

The role of uk parliament:

- Checking the work of Government

One of Parliament's main role is to examine and challenge the work of the government. The House of Commons
and the House of Lords use similar methods of scrutiny, although the procedures vary. The principal methods are
questioning government officials, debating and the investigative work of committees. The government can
publicly respond to explain and justify policies and decisions.

Referent

Luật, T.V.P. (2017) Luật là gì?, ThuVienPhapLuat.vn. Available at:

https://thuvienphapluat.vn/hoi-dap-phap-luat/iframe/1D467-hd-luat-la-gi.html (Accessed: 12
October 2023).

Thu, H. (2022) Pháp Luật được thực Hiện Với Mục đích gì?, Luật Sư X. Available at:
https://luatsux.vn/phap-luat-duoc-thuc-hien-voi-muc-dich-gi/ (Accessed: 13 October 2023).

Chen, J. (2002) Common law: What it is, how it’s used, and how it differs from civil law, Investopedia.
Available at: https://www.investopedia.com/terms/c/common-law.asp (Accessed: 19 October 2023).

“Th.”(2012) https://www.legislation.gov.uk/understanding-legislation, 2012,

www.legislation.gov.uk/understanding-legislation.

tuphap.hatinh. HT. (2017), from http://tuphap.hatinh.gov.vn/chi-tiet-tin-tuc/Su-khac-biet-co-ban-giua-

van-ban--quy-pham-phap-luat-va-van-ban-ap-dung-phap-luat. Retrieved October 25, 2023