Assignment BMLW5103

ASSIGNMENT- BMLW5103

BMLW5103 VIETNAMESE BUSINESS LAW
MID-TERM ASSIGNMENT
ALL SIX QUESTIONS are compulsory and must be attempted

QUESTION 1
(a)
(b)

Discuss the division of powers amongst the State bodies of Vietnam.
Discuss the hierarchy of legal documents within Vietnamese legal system and State authorities to adopt or issue them.
[TOTAL: 20 MARKS]

QUESTION 2
(a)
(b)

Explain the conditions of the issuance of business registration certificate.
Explain the provisions of law relating to conditional investment sectors. Give a specific example of such sector with analysis on relevant conditions, restrictions and limitations applicable for relevant sector.
[TOTAL: 20 MARKS]

QUESTION 3
Identify and explain the provisions of law relating to protection of the rights and interests of minor investors in joint-stock companies.
[TOTAL: 20 MARKS]

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ASSIGNMENT- BMLW5103

QUESTION 4
PH Limited, a construction company legally established and operating under the laws of Vietnam, has employed Ms. Lan as engineer under an indefinite term of employment since 1/1/2004.
Beginning of July 2013, due to conflict with the Head of her division, Ms. Lan submitted a letter to the General Director of PH Limited stating that her conflict with her supervisor is extremely serious and she could not face him at work; and thus requested to be transferred to other division of the company.
While waiting for response of the General Director, Ms. Lan took 10 days off without asking leave permission from the supervisor as required by the Company Policy.
On 25 August 2013, Ms. Lan returned to the office after receiving a request to attend a disciplinary meeting. The meeting was participated by all participants required by the law. After the meeting,
Ms. Lan received a layoff decision for reasons of breach of working discipline of the company.
Ms. Lan disagreed with decision of the Company. Dispute between the parties arise.
Discuss the following