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Business Law

BANKING UNIVERSITY OF HO CHI MINH CITY

CERTIFICATE IN BUSINESS MANAGEMENT

 

BBM2010:  BUSINESS LAW

Credits: 14

ECTS Value: 7


Marking Scheme: Numerical marking scheme (i.e. mark of 0-100)

 

Pass Mark

The pass mark for the module is 50%

Delivery Type

This module requires you to attend the classes at the scheduled time in the specific locations.

Pre-Requisites

None

Co-Requisites

None

Module Outline

This module is designed as an introduction for Accountancy students to the law as it relates to business operations and activities in Vietnam. The module helps students to understand the legal framework within which business operates and the legal implications of business activities. Specific emphasis will be placed on the several areas of business law such as business structures, general rule on legal capacity of individual and legal entities, contract (with a focus on commercial sale of goods contract), employment law, intellectual property, business-related alternative dispute resolutions and international trade law. The emphasis will be placed also on developing a range of skills and knowledge necessary to deal with a broad range of business issues and problems drawing on the core theme of social, public and ethical responsibility. The general aims of the module is to develop the students’ ability to identify, analyze and apply relevant legal rules to realistic business situations including:

Number

Description

1

  • To develop a sound understanding of the nature of law and an appreciation of the role of law within a business environment including common law and equity.

2

  • To understand the operation of the legal dimension in business decision-making (activities).

3

  • To be able to recognize the existence of legal issues in these dealings and be aware of the ways in which the legal system approaches business problems

4

  • To enable the students to understand and apply principles of law to realistic business situations; and

5

  • To develop basic legal skills by the emphasis that will be placed on the methodology of legal reasoning and analysis, the operation of the legal system and upon core principles and concepts in Business Law

6

  • To develop the following employability skills: communication, problem-solving and personal impact & confidence.

7

  • To develop the core theme of social, public and ethical responsibility and internationalization

 

 

Indicative Content

 

Number

Description

1

  • Introduction to Vietnamese Legal system and Business Law: basic principles of constitutional law, how the law is make and applied in Vietnam, the contents of business law and the artificial distinction between civil law and business law (commercial law) in Vietnam; differences between common law legal system and civil law legal system.

2

  • Forms of business structures in Vietnam:  private enterprises, partnership, companies and corporate governance; compare and contrast between Vietnam law and English law on forms of business.

3

  • An introduction to civil law including legal civil capacity and legal act capacity of individuals, legal capacity of a legal person (legal entity), the nature of civil relationship and characteristics of property law, the law of tort (with a focus on product liability); compare and contrast between tort law in Vietnam and the law of tort in England.

4

  • The law of contract: formation of a contract, contractual capacity, voidable contract and void contract; compare and contrast between contract law in Vietnam and the law of contract in England.

5

  • Commercial sale of goods contract: applicable law, characteristic, performance, beach and remedies.

6

  • Employment Law: contract of employment, social insurance, termination of employment contract, employment disciplines, dispute resolutions.

 

7

  • Intellectual Property Law: copyrights, trademarks, design and patents

 

8

  • Methods of business-related dispute resolutions: negotiation, mediation, arbitration and court’s structure and  proceedings

 

9

  • Introduction to International Trade Law:  introduction to public and private international law; WTO and its functions in international trade; Vienne convention on International Sale of Goods, Incortems 2010.

 

 

Learning Outcomes

On successful completion of this Module you will be expected to be able to:

 

Description

1

understand basic legal terminology and concepts.

2

know how to evaluate issues of legal significance in business transactions, recognize and analyze transactions that are potential risks to a business

3

understand and able to use legal principles applicable in business environment in Vietnam (business structures, contract, Intellectual property, business competition, business-related dispute resolutions, international trade law).

4

develop ability to resolve legal issues as they relate to business operation (ie, to  solve legal problems set within a real-life context)

5

compare and apply various legal theories/interpretations to factual situations

 

Learning And Teaching Strategy

The remainder of the time will be a combination of a written quiz, legal case study, open or group discussions, and possible one or more presentations. To facilitate the discussion and ensure the optimum learning outcomes during this time, students must have completed the assigned reading before attending the class. The module is concerned with developing students’ ability to use and apply legal techniques; and to gain knowledge and skills appropriate to the underpinning foundations of business law. Practical exercises will be given in order to familiarize students with legal source material relevant to Business Law. Generally, seminars will provide a forum for discussion, an environment for practicing legal skills and an opportunity to gain feedback.

 

Learning & Teaching Methods

 

Method

Hours

Lecture & Seminar

42

Tutorial

15

Guided independent study

83

   

 

Summary

%

Scheduled

40

Independent

60

 

Formative Assessment Strategy

Formative assessment is an aid to learning and it is designed to provide students with feedback on their progress and inform their development. It can be used to identify any areas which would benefit from extra attention on students’ part, or extra support from the tutor. It does not contribute to the overall formal assessment for the unit. During tutorial time, students will be provided with a series of mini- tasks to complete that will test students’ understanding of the topics covered. Informal formative assessment is provided in this module through: Tutorial activities including quizzes and workshop exercises.

Summative Assessment Strategy

The outcomes will be assessed by examinations and oral presentation. Students will be expected to achieve a good standard of presentation, including written English, and (for the presentation) demonstrate effective use of information technology, information sources and presentation skills. Students will clearly need to demonstrate that they possess organizational skills and action planning in order to complete this module successfully.

Students’ achievement of the learning outcomes for this module will be tested as follows: Mid-term (2 hours), Presentation (team work and oral presentation)  and Exam (3 hours).

 

Summative Assessments

 

Item

Final Item?

Assessment Method

Description

Learning Outcomes

Weighting %

001

No

Midterm Exam

2 Hour Open Book Examination,

2,3,4,5

20

002

No

Portfolio

Quizzes, presentation, exercise, active participation, case studies

1,3,5

30

003

Yes

Final Written Exam

3 Hour Open Book Examination

2,3,4,5

50

 

Summary

%

Written Exam

50

Coursework

20

Practical

30

 

 

 

 

Learning Resources

Description

Recommended text book: Ho Chi Minh City University of Law, Law on Business Structures and Insolvency, Hong Duc Publisher, 2013

Pham Duy Nghia, Essential Elements of Business Law in Vietnam, The Gioi Publisher, 2001.

Le Net, Contracts – Vietnam, in International Encyclopedia of Laws (Gen. Ed. R. Blanpain), Kluwer Law International, 1999.

Vietnamese statutes & regulation

  • Civil Code 2005
  • Law on Enterprises 2005
  • Commercial Law 2005
  • Law on Investment 2005
  • Law on Intellectual Property 2005
  • Civil Procedures Code 2004
  • Law on Commercial Arbitration 2010
  • Labour Code 2012

           

 

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