(Tiểu luận) the baby sister earns money to live, while serving on the jury has no income during the time of service causing undue hardship exempted from serving on a jury

TASK 2Different investor and developerAccording to clause 13 Article 3 Law on investment 2020 “ Investor means an organization or individual carrying ous it business investment activitie

BỘ GIÁO DỤC VÀ ĐÀO TẠO TRƯỜNG ĐẠI HỌC MỞ THÀNH PHỐ HỒ CHÍ MINH KHOA LUẬT

BÀI GIỮA KỲ LUẬT ĐẦU TƯ

HỌ TÊN SV : NGUYỄN TRỊNH HOÀNG HUY - 2054062079

NGUYỄN THỊ MAI LINH - 2054062101

NGUYỄN GIA YẾN NHI - 2054062153

NHÓM LỚP : BL203C

HỌ TÊN GV : ĐÀO GIA PHÚC & PHẠM LỘC HÀ

Thành phố Hồ Chí Minh – Năm 2022

Buổi 1

Task 1

Regulations: Falling into extreme hardship

Case 1 : The baby sister earns money to live, while serving on the jury has no income during the time of service Causing undue hardship

-> exempted from serving on a jury

: The accountant has bought a non-refundable air ticket, so the ticket cannot be

Case 2

refunded Causing undue hardship

-> exempted from serving on a jury

: The investment banker is only afraid of losing a client by not attending the

Case 3

meeting This is not an unduly difficult situation as it is unlikely that the owner will lose a client by not attending the meeting

-> not exempt from serving on a jury

In short, Falling into a difficult situation is a loss for now, not in the future

Regulations: Individuals who intend to hide and do not intend to pay

The man just wants to determine if the item will fit his car or not to buy

Case 1:

-> No intention to hide and do not pay

=> It's not shoplifting

The woman intends to hide 6 bottles of nail polish, does not intend to pay

Jack put 2 CDs in his pocket and went to the door and was caught

-> Intent to hide things and not pay So Jack is expected to be found guilty of theft

by the court

Buổi 1

Exercise 2:

1 The definition of undue hardship: when a person have been called for jury duty, while the time the jury duty happening, if it immediately effect on their income or their assets

2 She can’t be excuse from the jury duty because her interview not immediately effect on her income or her assets

- Base on the 1&2 case when they do the jury duty it’s will mainly harm on their income, assets Her interview have a risk and it’s not her income or her assets.

Exercise 3:

Rule: intentionally taking or hiding goods without intending to pay

The court will rule him guilty of shoplifting because base on the 2 last cases He have the intention to hide goods with an unwarranted reason not the same with case one

Buổi 2

1 Your roommate is working on a lab report His hypothesis was found to be incorrect, but he wanted to prove otherwise He felt that since it was his own experience and, no one could possibly know the true results without conducting the test themselves, he decided to write the report as if his hypothesis was proven The lab report was submitted to the instructor However, this student was guilty of which of the following?

Computer misuse

Fabrication

3 Last year, as part of an assignment for a freshman composition class, a student wrote a paper on the benefits of more stringent federal gun control legislation Now a sophomore, the student has chosen a similar topic for his research paper in a criminal justice class The student feels he can re-use the paper since it is now a different academic year and the paper will be submitted to a different instructor in a different department If the student submits the paper, is this act considered plagiarism?

No

4 Kaley looked at the calendar on her iPhone and realized that she has an assignment due tomorrow for her sociology class Her topic is on obesity among low-income, urban populations She quickly sat down at her computer and gathered some information from various internet sources to include message board posts, newspaper articles, web sites, and one academic journal She took paragraphs from each source and tweaked the sentence structure This is an example of what form of plagiarism?

Self plagiarism

Verbatim plagiarism

Buổi 3

TASK 1

In my opinion, M&A investment is more effective than Greenfield investment.

M&A have following advantages

Opportunities

- Quick market entry: reducing initial infrastructure build-up time, while reducing risk.

- Eliminate domestic competitors in the field of investment.

- Increased monopolistic competition.

Greenfield’s risk versus M&A

- Long construction time, long profit time, higher risk of failure.

- Differences in business culture in the host country.

- Promote competition.

Therefore, When you want to enter the market where there is a business that is doing well, and other competitors are also trying to enter, the business should carry out M&A investment Because Greenfield investment will take longer to set up a large enough production base Businesses can use the M&A form to quickly access modern management skills, quickly penetrate difficult but potential markets The financial environment is liberalized, it is convenient in accessing and using capital, legal system and transparent policies Transparency should bear less business risk The form of M&A will be suitable for creative businesses or businesses operating in the technology field Vietnamese entrepreneurs belonging to the young generation of entrepreneurs are very dominant.

Too long to read on your phone? Save to

read later on your computer

Save to a Studylist

TASK 2

Different investor and developer

According to clause 13 Article 3 Law on investment 2020 “ Investor means an organization

or individual carrying ous it business investment activities Investor include domestic investors, foreign investors and foreign – invested economic organizations

At the same time, Clause 4, Article 4 of the Law on Bidding 2013 stipulates that the investor

is a capital-owning organization or an organization assigned to act on behalf of the capital owner or a borrowing organization to directly manage the project implementation process Thus, investor is an organization or individual that invests capital to carry out business activities The investor is the organization that owns the capital or is assigned on behalf of the capital owner or the borrowing organization to directly manage the project implementation process.

Thus, it can be seen that an investor is an organization or individual that invests capital to carry out business activities The investor is the organization that owns the capital/assigned

on behalf of the capital owner, the borrowing organization directly manages the project implementation process.

nationality or an organization established under foreign laws that conducts business

investment activities in Vietnam.

-> The classification of domestic investors with foreign-invested economic organizations also

helps in the more effective management of investment activities in Vietnam, in addition to the management tools on industries and fields investment sector In Vietnam, the legal status between domestic investors and foreign-invested economic organizations always has certain differences In the face of the strong development along with the experience of business investment, financial capacity, technology, of foreign investors compared to domestic investors, it is important to protect or give incentives to domestic enterprises to Having the necessary conditions for development, avoiding the acquisition and competition of foreign investors is also something that must be maintained.

Buổi 4

Comparing EVFTA, CPTPP and Law on Investment

Transfer ARTICLE 2.8 Transfer

Each Party shall permit all

delay, and at the market

rate of exchange applicable

on the date of transfer

Such transfers include:

(a) contributions to capital,

such as principal and

additional funds to maintain,

develop or increase the

investment;

(b) profits, dividends, capital

gains and other returns,

proceeds from the sale of all

or any part of the investment

or from the partial or

complete liquidation of the

investment;

(c) payments of interest,

royalties, management fees,

and technical assistance and

other fees;

(d) payments made under a

contract entered into by the

investor, or the covered

engaged from abroad and

working in connection with

(b) profits, dividends, interest, capital gains, royalty payments, management fees, technicalassistance fees, and other fees

(c) proceeds from the sale

of all or any part of the covered investment or fromthe partial or complete liquidation of the covered investment;

(d) payments made under a contract, including a loan agreement;

(e) payments made pursuant to Article 9.7 (Treatment in Case of Armed Conflict or Civil Strife) and Article 9.8(Expropriation and Compensation); and (f) payments arising out of a dispute

No similarregulations

Both the EVFTA and CPTPP have provisions that each party will allow all amounts related to guaranteed investment accounts to be made freely and without delay However, this is not provided for

in the Investment Law

(Expropriation); and

(g) payments of damages

pursuant to an award issued

under Section B (Resolution

1 Each Party shall accord to

investors of the other Party

and to covered investments,

with respect to the operation

of the covered investments,

treatment no less favourable

than that it accords, in like

situations, to its own

investors and to their

investments

Article 9.4: National Treatment

1 Each Party shall accord to investors of another Party treatment no less favourable than that it accords, in like circumstances, to its own investors with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or

other disposition of

investments in its territory

2 Each Party shall accord to covered investments treatment

no less favourable than that it accords, in like circumstances,

to investments in its territory

of its own investors with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments

Article 5 Business investment policies

5 The State shall treat investors equally; adopt policies to encourage and create favorable conditions for investors to carry out business investment

Applying theinvestmenttreatment/agreement

that Vietnam is acontractingmember,

investorswho are thecitizens

of any memberstates

Treatment 1 Each Party

shall accord to investors of

the other Party and to

covered investments, with

respect to the operation of

the covered investments,

treatment no less favourable

than the treatment it accords,

Article 9.5: Nation Treatment

Most-Favoured-1 Each Party shall accord to investors of another Party treatment no less favourable than that it accords, in like circumstances, to investors of any other Party or of any non-Party with respect to the

Article 5 Business investment policies

5 The State shall treat investors equally; adopt policies to encourage and create favorable

Applying theinvestmenttreatment/agreement

that Vietnam is acontracting

in like situations, to

investors of a third country

and their investments

establishment, acquisition, expansion, management, conduct, operation, and sale orother disposition of investments in its territory

2 Each Party shall accord to covered investments treatment

no less favourable than that it accords, in like circumstances,

to investments in its territory

of investors of any other Party

or of any non-Party with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments

conditions for investors to carry out business investment

member,

investorswho are thecitizens

of any memberstates

Expropriation

ARTICLE 2.7

Expropriation

1 A Party shall not

nationalise or expropriate the

covered investments of

investors of the other Party

either directly, or indirectly

through measures having an

effect equivalent to

nationalisation or

expropriation (hereinafter

referred to as

"expropriation"), except: (a)

for a public purpose; (b)

under due process of law;

Limited 14 Limited (c) on a

non-discriminatory basis;

and (d) against payment of

prompt, adequate and

effective compensation

Article 9.8: Expropriation and Compensation

1 No Party shall expropriate

or nationalise a covered investment either directly or indirectly through measures equivalent to expropriation or nationalisation (expropriation),except

(a) for a public purpose;17,

18 (b) in a non-discriminatory manner;

(c) on payment of prompt, adequate and effective compensation in accordance with paragraphs 2, 3 and 4;

and (d) in accordance with due process of law 2

Chapter II INVESTMENT GUARANTEES Article 10

Guarantee of property ownership

1 Lawful assets of investors shall be neither nationalized nor confiscated by administrative measures

2 In case the State compulsorily purchases or requisitions assets

of investors for national defense or security reasons or

in the national interest, in a state ofemergency or in response to a national disaster, investors are entitled to payment

or compensation in accordance with the

Both EVFTA, CPTPP and Vietnam Investment Law stipulate not to allow nationalization of investor's investment assets

or measures equivalent to nationalization or appropriation However, some exceptions still have the right to expropriate or nationalize an insured investment if these investor assets are illegal

Compensation shall:

(a) be paid without delay;

(b) be equivalent to the fair market value of the expropriated investment immediately before the expropriation took place (the date of expropriation);

(c) not reflect any change in value occurring because the intended expropriation had become known earlier; and (d) be fully realisable and freely transferable

law on compulsory purchase and requisition of property and other relevant laws

whose covered investments

suffer losses owing to war or

other armed conflict, a

revolution, a state of national

emergency, a revolt, an

insurrection or a riot in the

territory of the other Party

shall be accorded by that

other Party, with respect to

restitution, indemnification,

compensation or other form

of settlement, treatment no

less favourable than that

accorded by that other Party

to its own investors or to the

investors of any third

No similar regulations

No similarregulations In case there is noregulations to

apply Vietnam shall applies treatment/agreement regulations that Vietnam is a contracting member

Furthermore, they can negotiate the application of relevant rules, and provide guidance to ensure arbitrators are independent and impartial in their cases.

The CPTPP thus gives foreign investors more timeand channels to protect their investment in the host country

Settlement of disputes over business investment activities

1.Disputes amonginvestors of whom

at least one party is

a foreign investor or

an economicorganizationspecified at Point a,

b or c, Clause 1,Article 23 of thisLaw may be settled

by one of thefollowing agenciesand organizations:

a/ Vietnamese court;

b/ Vietnamese arbitration; c/

Foreign arbitration;

d/ International arbitration; dd/

Arbitration set up

by disputing parties

as agreed

The EVFTA, CPTPP and the Investment Law all encourage settlement by a draw, then arbitration

Subrogation ARTICLE 2.9 Subrogation Article 9.13: Subrogation No similar

regulations Subrogation is regulated both in

the EVFTA and

made by one of its investors

in the territory of the other

Party, the other Party shall

recognise the subrogation or

transfer of any right or title

or the assignment of any

claim in respect of such

investment The Party or the

agency shall have the right to

exercise the subrogated or

assigned right or claim to the

same extent as the original

right or claim of the investor

Such rights may be exercised

by the Party or an agency

thereof, or by the investor

only if the Party or an

agency thereof so authorises

If a Party, or any agency, institution, statutory body or corporation designated by the Party, makes a payment to an investor of the Party under a guarantee, a contract of insurance or other form of indemnity that it has entered into with respect to a covered investment, the other Party in whose territory the covered investment was made shall recognise the subrogation or transfer of any rights the investor would have possessedunder this Chapter with respect to the covered investment but for the subrogation, and the investor shall be precluded from pursuing these rights to the extent of the subrogation

CPTPP Both agreements mention that If a Party or any agency, organization or unit under the provisions of law, law, or a companydesignated by thatParty to pay its investors under security, insurance contract, or other form of indemnitythat That Party has signed in relation to investment under the Agreement, the other Party in its territory in which the investment under this Agreement is made, shall grant subrogation or transfer of any right acquired by the investor However, this provision is not specified in the Investment Law

Buổi 5

Task 1: Compare BCC contract and Joint Venture Contract

A The same point

Both are forms of direct investment;

The legal basis for forming an investment relationship is a contract;