Bài giữa kỳ luật Đầu tư

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 activit

BỘ GIÁO DỤC VÀ ĐÀO TẠO

TRUONG DAI HOC MO THANH PHO HO CHi MINH KHOA LUAT

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BÀI GIỮA KỲ LUẬT ĐẦU TƯ

HO TEN SV_ : NGUYEN TRINH HOÀNG HUY - 2054062079

NGUYEN THI MAI LINH - 2054062101

NGUYEN GIA YEN NHI - 2054062153

NHÓM LỚP : BL203C

HO TEN GV : ĐÀO GIA PHÚC & PHAM LOC HÀ

Thành phố Hồ Chi Minh — Nam 2022

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

Case 2: The accountant has bought a non-refundable air ticket, so the ticket cannot be

refunded Causing undue hardship

-> exempted from serving on a jury

Case 3: The investment banker is only afraid of losing a client by not attending the 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

Candlestick:

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

Case 1: The man just wants to determine if the item will fit his car or not to buy -> No intention to hide and do not pay

=> It's not shoplifting

Case 2: The woman intends to hide 6 bottles of nail polish, does not intend to pay -> Intent to hide things and not pay

=> It’s shoplifting

Case 3: Woman wearing 4 shirts with attached racks, stopped by security

-> Intent to hide things and not pay

=> It’s shoplifting

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 I

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 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?

O Yes

O 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?

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

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

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, 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

No similar regulations

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 | 1 Each Party shall accord to

investors of the other Party _| investors of another Party 5 The State shall treatment/agreem

and to covered investments, | treatment no less favourable treat vestors ent

with respect to the operation | than that it accords, in like equally; adopt

of the covered investments, | circumstances, to its own policies to that Vietnam is a

treatment no less favourable | investors with respect to the encourage and

than that it accords, in like establishment, acquisition, create favorable contractin:

situations, to its own expansion, management, conditions for member 8

investors and to their conduct, operation, and sale or | IIV€SfOrS fO carry ;

investments other disposition of out business forei

investments in its territory investment to orergn

investors

2 Each Party shall accord to who are the

covered investments treatment citizens

no less favourable than that it accords, in like circumstances, of any member

to investments 1n its territory

of its own investors with respect to the establishment, states

the other Party and to investors of another Party 5 The State shall treatment/agreem

covered investments, with treatment no less favourable _| "eat investors ent

respect to the operation of

the covered investments,

treatment no less favourable

than the treatment it accords, than that it accords, in like

circumstances, to investors of any other Party or of any non- Party with respect to the equally; adopt

policies to encourage and create favorable that Vietnam is a

contracting

and their investments conduct, operation, and sale or out business to foreign

other disposition of mvestment investors

investments in its territory

who are the

2 Each Party shall accord to citizens covered investments treatment

no less favourable than that it of any member accords, in like circumstances,

to investments in its territory states

of investors of any other Party

or of any non-Party with respect to the establishment, acquisition, expansion,

ARTICLE 2.7 Article 10, stipulate not to

Ex ‘ati Guarantee of allow

propriation -

Article 9.8; Expropriation property nationalization of

ownership investor's

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 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) mn accordance with due process of law 2 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 of emergency or in

response to a

national disaster, investors are entitled to payment

or compensation in accordance with the 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 mnmediately 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 similar

regulations

In case there is no

regulations to apply Vietnam shall applies treatment/agreem ent regulations that Vietnam is a contracting member

SECTION C : DISPUTE third party In case the draw, then SETTLEMENT consultation is not L.Disputes among arbitration PROCEDURES ( BY successful, the investor can investors of whom

AGREEMENT ) unilaterally submit a at least one party is

request to arbitration The | , foreign investor or foreign investor, as the an economic complaining party, can organization choose the Court to resolve specified at Point a, the dispute When b or c, Clause 1, establishing a panel, the Article 23 of this investor may also choose Law may be settled one of three panelists by one of the

Furthermore, they can following agencies

negotiate the application of | ang organizations:

relevant rules, and provide guidance to ensure a/ Vietnamese arbitrators are independent court:

and impartial in their cases

The CPTPP thus gives b/ Vietnamese

foreign investors more time arbitration: c/

and channels to protect Fe their investment in the host Foreign arbitration;

Subrogation ARTICLE 2.9 Subrogation | Article 9.13: Subrogation No similar Subrogation is

regulations 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

organization or

unit under the provisions of law, law, or a company designated by that Party to pay its investors under security, imsurance contract, or other form of indemnity that That Party has signed in relation to investment under the Agreement, the other Party in its territory 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;