ASSIGNMENT 1 FRONT SHEET

Qualification BTEC Level 4 HND Diploma in Business

Unit number and title Uni7: Business Law

Submission date 4th October, 2021 Date Received 1st submission

Re-submission Date Date Received 2nd submission

Student Name Thao Thien Thao Student ID GBH200205

Class GBH0910 Assessor name Ngo Thu Ha

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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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Table of Contents
I – Introduction ................................................................................................................................... 4

II – Main Contents............................................................................................................................... 4

1. Law and Sources of Law ............................................................................................................... 4

2. The role of Government and Parliament in Law-making ............................................................... 9

3. Case: Uber BV and others (Appellants) v Aslam and others (Respondents) .................................. 11

III – Conclusion.................................................................................................................................. 12

References ........................................................................................................................................ 13
I – Introduction
As a paralegal at Vietnamese law firm. There will be application for one - year job exchange in UK law firm,
an associated partner of the law company. Therefore, the exchange requires basic understanding of the
UK legal system and how it is different with Vietnamese legal system will be explain, analyse and assess in
this report.

II – Main Contents

1. Law and Sources of Law

1.1. Law
Definition
Law is defined as the standards of behaviour approved and implemented by the government of and over
a certain territory.
(Duhaime, 2021)
In society, other regulations of behavior are developed by organizations and are based on habits and
traditions. It is not required; rather, it is optional. Individuals undertake it willingly, and organizations
primarily manage it through teaching, example, and so on, because it is not established by the state and
hence cannot be guaranteed to be executed by governmental power (Nguyen, 2020). Laws, as opposed to
societal regulations, are rules of conduct enacted by the state. It establishes a code of behavior that
governs the subjects do, must do, and do not. The law, which is mandatory and applies to everyone, is a
tool used by the state to express the will and protect the interests of the ruling class. It is normative and
limiting; individuals are compelled to act within the boundaries set by the law (Nguyen, 2020). In Vietnam,
for example, there will be legislation forbidding the unlawful sale of drugs or human trafficking. Violations
will result in arrest and incarceration.
Functions
The law serves numerous functions. Four main ones are establishing standards, maintaining order,
resolving disputes, and protecting liberties and rights.
• Establishing Standards: The law serves as a guidepost for socially acceptable behavior. Some acts,
for example, are crimes because society (via a legislative body) has established that certain
behaviors that injure or damage people or their property will not be tolerated. For example, it is a
 criminal under usual state law to cause physical harm to another person without justification—
doing so generally constitutes the crime of assault.
• Maintaining Order: This is a side effect of establishing standards. Civil society requires some sense
of order, which is expressed in legislation. When the law is enforced, it brings order in accordance
with society's rules. Wildlife management rules, for example, have reflected society's value in
preserving wildlife for future generations to enjoy.
• Resolving Disputes: Disputes are inherent in a society made up of people with diverse needs, goals,
values, and perspectives. The court system is a formal mechanism of settling disputes provided by
the law. For instance, two parties A and B sign a contract as because Party A violates the contract,
which leads to disputes and lawsuits against each other. Then the judge applies the law to settle
the dispute between the two parties.
• Protecting Liberties and Rights: The law's one duty is to protect these varied liberties and rights
from infractions or unreasonable intrusions by individuals, groups, or the government. For
example, subject to certain limitations, the First Amendment to the United States Constitution bans
the government from enacting legislation that restricts free expression. Someone who believes
that the government has violated his free speech rights may seek redress through the courts.
(Samuel and Brian, 2021)
1.2. Sources of Law
The corpus of legal norms formed by the common law courts and now contained in legal decisions is known
as Case Law. Because there is no official legal code that can apply to the scenario at hand, it relies on
thorough records of previous instances and statutes.
(BPP Learning Media, 2015)
Statue Law is a piece of legislation enacted by the United Kingdom Parliament. Bills are introduced in
either the Commons or the Lords. When both Houses of Parliament agree on a bill and the Monarch grants
Royal Assent, it becomes statutory law. They are referred to as "primary legislation" since they do not rely
on any other legislative authority.
(Parliament of UK, 2021)
The rules that govern a country or nation are vital to its existence and, in some ways, contribute to its
history by taking from the past and giving to the future. Most countries in the world adhere to common
law and statutory laws. For justice to be served, a combination of both is required. There are some
distinctions between these two legal sources:
• Common law is mostly dependent on historical rulings made over hundreds of years. Statutory laws
are founded on statutes.
• Statutory laws can be enacted by a country's numerous government agencies. Thus, there are laws
made by the federal and state governments, as well as ordinances issued by towns and cities, all
of which have the force of law. New laws are enacted to address citizens' needs, to resolve
remaining difficulties, and to formalize an existing law.
• Determining common law for a specific case is a procedure that begins with research analysis, the
location of past relevant cases, the extraction of statements, and the passing of sentences in order
to finally conclude whether or not common law applies. Higher court decisions take precedence
over lower court decisions and previous cases. Statutory laws have previously been drafted and
only need to be applied to a specific circumstance.
• On a daily basis, common law is being established without producing any fractionalization of
society or incurring any cost to the state. The government of a state or nation creates statutory
laws, which are then arranged and codified into law codes. They cover all areas governed solely by
statute legislation, as well as those where common law is inapplicable.

(Ponzetto and Fernandez, 2008)

1.3. The development and recent reforming of different sources of law in the UK

The evolution and recent reformation of several sources of law in the United Kingdom have resulted in
significant changes divided into two phases. The first were those implemented during the Labour
administrations of Tony Blair and Gordon Brown (2000-2010); the second were those implemented during
the Coalition/Conservative administrations of David Cameron (2010-2015) (McHarg, 2008). During the first
phase, considerable modifications to civil procedure were also implemented, with a new emphasis on
active case management by judges. During the same time period, the first measures were taken to
minimize legal aid cost by narrowing the list of topics for which legal assistance would be accessible
(McHarg, 2008). For instance, establishing the Sentencing Council (2009) to advise on sentencing policy.
In the second phase, there have also been changes driven by the desire of government to involve private
and third sector bodies in the work of the justice system. Private sector prisons were first created in 1992,
a development continued under the Labour administrations. The principle was extended in 2014, through
the creation of a new Probation Service, including private and third sector providers (2014) replacing the
previous entirely public sector probation service (McHarg, 2008).
1.4. Application:
Source of Law in Vietnam
Currently, there are three primary sources of law in Vietnam: Legal Documents, Customary Law, and Case
Law. Different from the UK, Vietnam have Customary Law which can be define as the law of the community
that the state makes and recognizes (Le, 2021). It can be claimed that it was the first sort of legal source
used, and it was extremely prevalent when there was no written law. However, dharma practice bears the
limitation of being imprecise, scattered, and inconsistent. As a result, as all parts of social life evolve, legal
papers become increasingly prominent, while legal practices shrink their field of application. Under the
current circumstances, customary law serves as an extra source of legal texts. In fact, there are specific
restrictions in the formation of legal papers for the subjective and objective factors that make legal
documents. Local customs are an essential source of bridging gaps in legal papers in such circumstances.
Countries' laws may have particular provisions governing the order in which they apply to customary law.

The Functions of Criminal Code 2015, amended in 2017

The Criminal Code has the functions of:

• Protecting national sovereignty and security, defending the socialist regime, human rights, and
citizen's rights, defending equal rights among people of all ethnic groups, defending the interests
of the state, organization, and protection of legal order: It can be observed that the four subjects
of the Penal Code were primarily concerned with defending "the nation," "the socialist regime,"
"the people," and "the legal order." Protecting these objects is a shared responsibility of the state,
society, organizations, and people. To carry out the role of protection, the State must employ a
wide range of tools. The Penal Code is an essential legal tool in this regard. For example, the 2015
Penal Code states that acts constituting treason to the Fatherland (Article 108), acting to overturn
 the people's administration (Article 109), infringing on territorial security (Article 111), and other
crimes shall be severely punished.
• Prevent and fight all types of crime: Effective anti-crime efforts also have the impact of motivating
and encouraging individuals and organizations to actively participate in the fight against crime, as
well as educating the public about crime prevention. In this way, the anti-crime goal also helps to
prevent crime. For example, robbery (Article 168), creating and trading in counterfeit food, food
and food additives (Article 193), illegal possession of narcotics (Article 249), appropriation narcotics
(Article 252), and so on.
• Educate individuals so that they are aware of the law: The Criminal Code's instructional mission
extends to all individuals and organizations, not only offenders. The instruction is geared not only
toward the understanding of respecting the law so that the condemned person does not commit
the crime again, but also toward the awareness of crime prevention and combat. For example, the
penal code provides the death penalty for drug trafficking offenses.

(National Assembly of Vietnam, 2017)

The role of the Vietnamese People’s Supreme court in application of case law/ precedent:

The Supreme People's Court is crucial in the execution of precedents. It is responsible for implementing
the law consistently and synthesizing trial experience in order to contribute to the development of case
law. For example, when the Supreme People's Court applies case law to trial, it will need to rely on previous
trial experience to analyze and make the most appropriate judgment. Furthermore, The Supreme People's
Court ensuring that the law and case law is applied appropriately and consistently to ensure the equality
of all organizations and citizens before the law. For instance, instead of completely applying case law to
decide a case, the court must also rely on the details of the case to analyze and apply the law. From there,
make the most fair final decision.

(Le, 2016)
2. The role of Government and Parliament in Law-making
2.1. The role of Government in Law-making in UK
The different branches of government that play major roles in the formation of laws are government and
parliamentary structures:
Stage one - The ruling party establishes a vision, goals, and direction: During important conferences, the
ruling party formulates policy based on debate and discussion. During these meetings, specific topics are
discussed, and the party decides on the overarching vision, goals, and direction of the subject (Macintyre,
2018).
Stage two — Ministers develop policies on a specific issue: The second stage occurs at the national level,
where the ruling party attempts to transform official government policy or legislation through the
Constitution. The government's ministers strive to develop new policies and laws for approval in order to
give the policies legal effect. However, it is a lengthy and slow process because the ruling party's proposed
bill is contested and negotiated among many parties. Meanwhile, the ruling party is preparing texts to be
offered and debated in parliament (Macintyre, 2018).
Stage three - Policy finalization: When the policy has been approved by the relevant Department and
Ministry, the issues and options are prepared in a final policy that is released as a White Paper. The White
Paper is a declaration of intent as well as a detailed policy blueprint. After the discussion process is
completed, it is debated and endorsed by Parliament, as well as approved by Cabinet members (Macintyre,
2018).
Stage four - Enacting legislation: A White Paper serves as the foundation for legislation. The Department
or the ministers can decide on a new law to achieve its goals and then put it into action to work on writing
the new law. It is referred to as a draft Bill in its early stages before becoming a new legislation (Macintyre,
2018).
Stage five – Subordinate legislation and policy implementation: A law is published when it has been passed
by the National Parliament. As a result, national and provincial ministries will be in charge of enforcing the
law throughout the country. Subordinate legislation will be passed by national, provincial, and local
legislatures in accordance with the new original law (NESTERUK, 2014).
2.2. The role of Parliament in Law-making in UK
The House of Commons, the House of Lords, and the Monarchy are the three main components of
Parliament. The two Houses conduct the majority of Parliament's business. In most cases, decisions made
in one House must be ratified by the other (Parliament of UK, 2021).
One of the primary roles of Parliament is to review submitted bills for new laws or changes to current laws.
Members of Parliament (MPs) and Members of the House of Lords are responsible for scrutinizing each
bill before it is either approved and becomes an Act or rejected. Typically, a bill will go through all of these
stages in a single parliamentary session. Exceptions can be made for bills that will be carried over to the
next session. Bills can be introduced in either the House of Commons or the House of Lords and must be
approved by both Houses before they become law (Parliament of UK, 2021).
The process of making Law of the UK Parliament:
One of Parliament's primary responsibilities is to review and approve new laws. A Bill, which is a proposal
for either a new law or a revision to an existing one, usually starts the legislative process. Bills can be
introduced by the government or by individual MPs or House of Lords members. The stages of considering
Bills are the same in both the House of Commons and the House of Lords, although the rules and
procedures used by each House throughout these stages differ. Each House has the authority to amend
the contents of a Bill, but any modifications must be approved by both Houses before it becomes law. If
the Commons passes the same Bill in two consecutive years, or if the Bill is concerning taxes or public
expenditure, a Bill may be approved without the Lords' consent under certain circumstances. Primary
legislation is an Act of Parliament. Acts frequently lay forth the broad concepts of a new law while allowing
government ministers to fill in the details via secondary or delegated legislation.
(Parliament of UK, 2021)
3. Case: Uber BV and others (Appellants) v Aslam and others (Respondents)

3.1. Background

The Appellants are part of a group of firms that provide private hire vehicle booking services in the United
Kingdom and around the world. The Appellants' smartphone app, which connects passengers to drivers,
is used to plan trips. Respondents are drivers who are or have been active users of the app. The
Respondents argue that they were "workers" for the purposes of the Employment Rights Act of 1996, the
National Minimum Wage Act of 1998, and the Working Time Regulations of 1998 during the time periods
covered by their claims. As a result, the Respondents assert that they are entitled to the minimum wage,
paid leave, and other legal safeguards.

(The UK Supreme Court, 2021)

3.2. Legal issue

The issue was:

a) The Respondents' status as "workers" offering personal services to the Second Appellant.

b) If the respondents were "workers," when did their "working time" begin and end?

(The UK Supreme Court, 2021)

3.3. Decision of the court

The Supreme Court found that the transportation service provided by drivers and made available to
passengers via the Uber app is very strictly defined and regulated by Uber. Drivers are subordinate and
dependent on Uber, and they have little or no ability to enhance their economic standing through
professional or entrepreneurial competence. In actuality, the only way employees can boost their
compensation is to work longer hours while consistently satisfying Uber's performance metrics. The
Supreme Court believes that Uber's parallels to digital platforms that operate as booking agents for hotels
and other accommodations, as well as minicab drivers, do not help its case. As a result, the drivers were
correctly identified as "employees."

The Supreme Court also holds to periods when they were actually delivering passengers to their
destinations, but this covered any time when the driver was connected into the Uber app inside the
territory in which the driver was licensed to operate and was ready and willing to take rides.

Finally, Uber's appeal is dismissed unanimously by the Supreme Court. Lord Leggatt renders the only
decision.

(The UK Supreme Court, 2021)

3.4. Used law

The Employment Rights Act 1996, read with the National Minimum Wage Act 1998 and accompanying
Regulations, is being used in this case for failure to pay the minimum wage, and the Working Time
Regulations 1998 for failure to give paid leave. The law which the court used to resolve the case is the
statutory law because this is the first labor legal case against Uber in the UK.

(The UK Supreme Court, 2021)

III – Conclusion
The report outlined Vietnam's and the United Kingdom's core conceptions, roles of law, and legal sources,
as well as some analytical assessments. In addition, the research looked at a specific case that was handled
legally in the United Kingdom. The research not only explains the fundamental concept of law, but it also
assesses developments and improvements in the British legal system. In addition to examining and
assessing the law in the United Kingdom, the report demonstrates that the source of law in Vietnam has
had a very positive influence on the lives and order of the entire people.
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