(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 KỲLUẬT ĐẦU TƯHỌ 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 1Task 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 :

The student is not exempt from jury duty because in this case it is not too difficult because it is unlikely that the student will be accepted for an interview.

Task 2

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

In short, Individuals who intend to hide things and do not intend to pay are the acts ofstealthily hiding items for their own gain and do not want others to find out.

So that

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?

Collusion Plagiarism Computer misuse

2 A student enters a campus lab and realizes that not only did the student who used the computer before her forget to log off, but she also left her paper open It turns out the both students were in the same class and working on the same assignment This was an individual assignment and each student was required to submit original work The second student decided that she would just glance at the paper to help her formulate her own thesis statement This act is an example of which of the following (check all that apply):

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 3TASK 1

In my opinion, M&A investment is more effective than Greenfield investment M&A have following advantages

-Reduce market entry costs: take advantage of the sales system, brand, and customer relationship immediately.

-Efficient use of capital through economies of scale, absorbing new technologies, expanding production, distribution and marketing systems, and promoting market access.

-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.

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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.

TASK 3

- Domestic investors are individuals with Vietnamese nationality, economic organizations that do not have foreign investors as members or shareholders.

- Foreign-invested economic organization means an economic organization whose foreign investors are members or shareholders Foreign investor means an individual with foreign 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

TransferARTICLE 2.8 Transfer Each Party shall permit alldelay, and at the market rate of exchange applicableon 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

1 Each Party shall permit all transfers relating to a covered investment to be made freely and without delay into and out of its territory Such transfers include (a) contributions to capital;

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

(c) proceeds from the sale of all or any part of the covered investment or from the 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 each party will allow all amounts

(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, 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: Most-Favoured-Nation Treatment

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

in like situations, to investors of a third country and their investments.

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 investors of any other Party or of any non-Party with respect to the establishment,

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 investment either directly or indirectly through measures

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 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

The CPTPP encourages the parties to make efforts to resolve it through such request to arbitration The foreign investor, as the complaining party, can choose the Court to resolve the dispute When establishing a panel, the investor may also choose one of three panelists 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 time and channels to protect their investment in the host

SubrogationARTICLE 2.9 SubrogationArticle 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 possessed under 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

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;