Table of Contents

Table of figure
I. Introduction ................................................................................................................................................ 2
II. Explain defferent sources of law ................................................................................................................ 2
2.1 The definition of law in general ............................................................................................................ 2
2.2 The pupose of law ................................................................................................................................. 3
2.3 Main sources of law in the UK .............................................................................................................. 4
2.3.1 Sources of law in the UK ................................................................................................................. 4
2.3.2 Difference between Case law and Statutory law in the UK ............................................................ 5
III. Explain the role of government in law making and how statutory and common law is applied in the
justice courts .................................................................................................................................................. 7
3.1 The role of Government in law making................................................................................................. 7
3.1.1 The role of Government in law making in Vietnam ........................................................................ 7
3.1.2 The role of Government in law making in the UK .......................................................................... 8
3.2. Explain the role of Parliament in law- making ..................................................................................... 8
3.2.1 The role of Parliament in law- making in Vietnam ......................................................................... 8
3.2.2 The role of Parliament in law- making in the UK .......................................................................... 16
3.3 Example of a legal case in Viet Nam ................................................................................................... 17
IV. Evaluate the effectiveness of the legal system in terms of recent reforms and developments .............. 19
4.1. New law against illegal immigration to the UK .................................................................................. 20
4.2 Financial Fair Play - FFP ....................................................................................................................... 21
V. Conclusion ................................................................................................................................................ 23
VI. References .............................................................................................................................................. 24

Table of figure
Figure 1: The House of Lords at UK Parliament. ........................................................................................... 16

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I. Introduction
As a legal expert at Dragon Capital Fund, an international investment company, my focus this year is on
investing in the UK and Vietnam. I am currently working on an extensive report that delves into the legal
systems of these markets. The report will cover topics such as the origins of the law, the involvement of
government and parliament in legislation, and the functioning of dispute resolution courts. The main objective
of this report is to enhance our understanding of the legal frameworks and court structures in Vietnam and
the UK.
II. Explain defferent sources of law
2.1 The definition of law in general
The definition of law can vary depending on the context, but in general, law refers to a system of rules and
regulations that are enforced by a governing authority. These rules are designed to regulate behavior within
a society, maintain order, protect individual rights, and promote justice. Laws can be enacted by legislative
bodies, such as parliaments or congresses, and are typically written down in legal codes or statutes. They can
cover a wide range of areas, including criminal law, civil law, constitutional law, administrative law, and more.
The purpose of laws is to provide a framework for resolving disputes, ensuring fairness, and promoting the
well-being and safety of individuals and society as a whole. They establish rights and responsibilities, outline
the consequences for violating these rules, and provide mechanisms for their enforcement. It is important to
note that laws can vary between different jurisdictions and can change over time as societal norms and values
evolve. Legal systems can differ between countries and regions, with each having its own unique set of laws
and legal principles.
(PhamVanPhuong, 2021)
* According to UK
English law is characterized as a system of rules instituted by the government, applicable within its legal
confines, and maintained by the government's authority through the imposition of sanctions. This description
underscores the state's responsibility in formulating and upholding laws within its jurisdiction.
(Alix Adams, 2010:6)
* According to Vietnam
The legal system of Vietnam can be described as a comprehensive framework of legal regulations,
principles, directions, and purposes that are intricately interconnected and unified. It is categorized into legal
branches, legislative provisions, and is manifested in documents issued by authorized state agencies in
Vietnam through specific forms and procedures to regulate social relations arising within the territory of
Vietnam.
Law is understood as a system of general rules of conduct set forth by the state and mandatory for all
subjects in society. The content of the law represents the will and nature of the ruling class.

2
 - Specifically, the definition of law includes the following elements:
+ Laws issued or accepted by the State for existing initial practices.
+ It is a system of general rules of conduct, applied on a national scale, to all subjects in society.
+ The law is mandatory, so subjects will not have the right to implement or not implement the law.
+ The content of the law represents the will and nature of the ruling class.
(LinhTrang, 2022)
2.2 The pupose of law
The purpose of the promulgation of laws is a set of rules to regulate the behavior of individuals and
businesses, in order to ensure the general order and stability of the country. In addition, wildlife
management legislation was passed in place of the game being preserved and leaving it protected for future
generations in the years to come.
- Maintaining order and stability: Laws provide a framework that helps maintain order and stability within
a society. They establish rules and regulations that govern behavior and actions, preventing chaos and
promoting a sense of security.
- Protecting individual rights and promoting justice: Laws are designed to protect the rights and freedoms
of individuals. They establish a system of justice that ensures fairness and equality under the law, allowing
individuals to seek redress for any wrongdoing or harm they may have experienced.
- Resolving disputes: Laws provide a mechanism for resolving conflicts and disputes between individuals,
organizations, or even governments. Courts and legal processes exist to interpret and apply the law to specific
cases, ensuring a fair and impartial resolution.
- Promoting social cohesion and public welfare: Laws are often created with the aim of promoting the
well-being and welfare of society as a whole. They may include regulations related to public health, safety,
education, labor rights, environmental protection, and more, with the goal of creating a harmonious and
prosperous community.
- Regulating behavior and promoting accountability: Laws establish standards of conduct and behavior
that individuals and organizations are expected to follow. They provide a framework for holding individuals
accountable for their actions and imposing consequences for violations, thereby deterring unlawful behavior.
- Facilitating economic and commercial activities: Laws play a crucial role in facilitating economic
transactions and commercial activities. They establish rules for contracts, property rights, intellectual
property, and business operations, creating a stable and predictable environment for economic growth and
development.
It is important to note that the specific purposes and priorities of laws can vary between different societies,
cultures, and legal systems, reflecting the unique values and priorities of each jurisdiction.
(Lincoln, 2022)

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2.3 Main sources of law in the UK
2.3.1 Sources of law in the UK
The inception of the English legal system can be identified with the Norman Conquest in 1066. Despite
substantial transformations over the years, the progression has been gradual and incremental. Consequently,
the evolution has been somewhat disorderly and conservative, with historical remnants coexisting alongside
contemporary developments. Illustratively, present-day divisions of the High Court retain vestiges of their
medieval predecessors, as evidenced by the Court of King’s Bench (presently the Queen’s Bench Division) and
the Court of Chancery (now the Chancery Division).
(Alix Adams, 2010:7)
* Common Law
The common law is the law declared by judges, derived from custom and precedent. It originated with the
legal reforms of King Henry II in the 12th century and was called “common” because it applied equally across
the whole country. The doctrine of binding precedent, whereby courts follow and apply the principles declared
in previous cases decided by more senior courts, known as “courts of record”, is also known by the Latin
expression “stare decisis”.
The common law includes both substantive rules, such as the offence of murder, and procedural ones, such
as court procedure rules derived from the inherent jurisdiction of the court. Common law rules may be
superseded or replaced by legislation, which is said to “trump” or take precedence over the common law.
Offences of theft, for example, based on the old common law offence of larceny, are now governed by the
Theft Acts 1968, 1978 etc; and the original penalties for murder (though not the offence itself) were replaced
by statutes such as the Homicide Act 1957.
There is a limit to the extent to which common law judges, however creative or “activist”, can reform an
out-of-date law, particularly if it derives from a statute. In such circumstances, only Parliament can change the
law. The need for such a change often follows a period of research and consultation by the Law Commission,
which was set up to review and propose reform to old or inadequate laws.
(ICRL, 2024)
* Case Law
From 1066 when the Normans conquered England and defeated the Saxons at Hastings. As a result, the
English king at that time was a person of French origin. He did not want the British people to see him as an
invader but wanted them to see him as an Englishman, so he wanted to maintain English laws and refrain from
imposing laws on the British local residents. In fact, English law before 1066 was not common law as it is now
but a collection of different customs and laws applied in regions such as: Wessex law in the Southwest;
Merican law in the Midhands and Nordic law in the north and east. The king put a lot of effort into building a
centralized management regime throughout the country and to manage and maintain the power of power,

4
the king established the Royal Court in Westminster (now an area of London) adjudicates a number of land
and tax issues and serious criminal crimes. Meanwhile, local courts still allow the application of regional
customs and laws. Gradually, the Royal Court expanded and replaced the previous traditional courts, with the
reason that the Court was used as a basis for resolving future cases. The basic characteristic feature of common
law is that it is the Court that creates the law and not another body. Therefore, the formation of case law and
the levels of case law are closely linked to the organization and activities of the English Court.
Case law in England has become a principle deeply ingrained in the British subconscious. In the English legal
system, case law is officially binding on future cases. The Court is bound by its own and superior court
precedents, except that the Senate is not required to follow its own precedents. When applying precedent, it
is necessary to ensure the certainty and stability of the law and comply with certain principles of the law. The
court trying current cases must find equivalent judgments in the past, carefully study those judgments and
find regulations to apply in the current case. Case law in England is divided into mandatory case law and non-
mandatory case law. In England, mandatory case laws are often recorded in Law Reports, All England Law
Reports, and Weekly Law Reports. The UK law can be considered the most typical case law in the world. To
promote the effectiveness of precedent, the courts themselves must be organized into a highly centralized
system. In other words, where there is a centralized court system, only then can we talk about the role of
precedent.
(NguyenHoangNgoc, 2024)
2.3.2 Difference between Case law and Statutory law in the UK
a. Common law
* Definition
Common law, the body of customary law, based upon judicial decisions and embodied in reports of decided
cases, that has been administered by the common-law courts of England since the Middle Ages. From it has
evolved the type of legal system now found also in the United States and in most of the member states of the
Commonwealth (formerly the British Commonwealth of Nations). In this sense common law stands in contrast
to the legal system derived from civil law, now widespread in continental Europe and elsewhere. In another,
narrower, sense, common law is contrasted to the rules applied in English and American courts of equity and
also to statute law.
(Albert, 2023)
* Characteristics of Common law
- Features of a common law system include:
+ Primacy of precedent: In common law systems, judges' decisions in previous cases (known as
precedents) are a primary source of law. When deciding a new case, judges will look to see how similar cases

5
have been decided in the past and apply the same principles to the new case. This is known as the doctrine of
stare decisis, which means "let the decision stand."
+ Case law: Because precedents are so important, common law systems have a large body of case law,
which is the written record of judges' decisions. This case law can be found in law reports, which are published
collections of important judicial decisions.
+ Flexibility: Common law is often said to be more flexible than civil law, because judges have more
discretion to decide cases based on the facts and circumstances of each case. This can be seen as an advantage,
because it allows judges to adapt the law to new situations. However, it can also be seen as a disadvantage,
because it can make the law less certain and predictable.
+ Adversarial system: Common law systems use an adversarial system of justice, in which the parties
to a dispute present their own evidence and arguments to the court. The judge then decides the case based
on the evidence and arguments that have been presented. This is in contrast to inquisitorial systems, in which
the judge plays a more active role in investigating the facts of the case.
+ Jury trials: Jury trials are a common feature of common law systems. Juries are made up of ordinary
citizens who decide the facts of the case, while the judge decides the law. This is seen as a way to ensure that
the law is applied fairly and impartially.
(SebastianLewis, 2021)
b. Statutory law
* Definition
Statutory law can be defined as a system of principles and rules of law, that is available in written form and
laid down by the legislative body to govern the conduct of the citizens of the country. When a bill passed by
both the house of parliament through enactment, it becomes a statutory law. In finer terms, legislation is the
statutory law, which is the fundamental structure of the legal system, based on the statutes.
* Characteristics of statutory law
- Statutory law exhibits several specific features:
+ Legislative origin: It is formulated by elected representatives and originates from the legislative
branch of government.
+ Written form: Statutory laws are systematically compiled and clearly articulated, ensuring
explicitness and ease of reference.
+ Enforceability: Once established, statutory laws carry mandatory authority, obliging compliance from
individuals, entities, and governmental entities.
(Testbook, 2023)

6
III. Explain the role of government in law making and how statutory and common law is applied in the justice
courts
3.1 The role of Government in law making
- With regard to law-making, the Government has the power to initiate legislation and may exercise
legislative powers in the following two cases, both of which are provided for and governed exclusively by the
Constitution:
+ When Parliament specifically asks the Government to do so
+ In urgent circumstances, when immediate action is required.
- Under its ordinary powers, the Government may issue regulations in order to:
+ Implement and complete legislative provisions
+ Govern how public administrations are organised
+ Govern matters which, according to the Constitution, do not have to be regulated by law.
(Goverment, 2024)
3.1.1 The role of Government in law making in Vietnam
The government plays an important role in building the legal system in Vietnam. The Government has the
right to develop policies and submit bills to the National Assembly, and the National Assembly has the right to
make laws and amend laws. However, the law-making activities of the National Assembly in reality are not
entirely done by the National Assembly alone. Even the work will not go smoothly and achieve good results
without the active participation and effective contributions of many other subjects. The Government plays a
practical supporting role, by providing comments and creating favorable conditions for the project drafting
and submission process, contributing to improving the project quality of the subjects. The Government plays
a practical supporting role, by providing comments and creating favorable conditions for the project drafting
and submission process, contributing to improving the project quality of the subjects. It is very necessary for
the Government to participate in the process of submitting legal projects of other subjects, because: the
content of these projects is national policy, and national policy is the one who is knowledgeable about it and
the Government will contribute many useful comments; When the project is passed and becomes law, the
Government is also the one who directly organizes the implementation of the law and is responsible for the
effectiveness and efficiency of that implementation.
- The Government of the Socialist Republic of Vietnam plays an important role in building the legal system.
In particular, Article 7 of the Law on Government Organization 2015 stipulates the Government's duties and
powers in policy planning and submitting law and ordinance projects, including:
+ Propose and develop strategies, planning, plans, policies and other programs and projects to submit
to the National Assembly and the National Assembly Standing Committee for consideration and decision.

7
 + Decide on strategies, planning, plans, policies and other programs and projects according to
authority.
+ Develop law projects, draft resolutions submitted to the National Assembly, ordinance projects, draft
resolutions submitted to the National Assembly Standing Committee.
+ Report to the National Assembly and the National Assembly Standing Committee on the
Government's opinions on draft laws and ordinances submitted by agencies, organizations and National
Assembly deputies.
Thus, it can be concluded that our country's Government plays an important role in building the legal system.
(ThuVienPhapLuat, 2016)
3.1.2 The role of Government in law making in the UK
In the United Kingdom, the process of lawmaking involves several stages, and the government plays a
significant role in each of them. The UK has a parliamentary system, and the government is typically formed
by the political party or coalition with a majority in the House of Commons. Most legislation is proposed by
government ministers, but backbench MPs have limited opportunities to put forward Private Members’ Bills.
These usually relate to non-party political issues. In practice, few Private Members’ Bills become Acts because
of the limited amount of parliamentary time available to them.
Government Bills Each year the government informs Parliament of its new legislative plans in the Queen's
Speech. New legislation is usually introduced as a Bill and must be discussed and passed by Parliament before
it can become an Act of Parliament - the Government needs the support of a majority of members of the
House of Commons to operate dynamic. Bills and acts are often called primary legislation. An Act may
authorize a government minister to issue regulations, orders or rules. These are called subsidiary (or ancillary)
laws. Secondary legislation is often used to regulate details and implement specific provisions of the main law.
(Alix Adams, 2010: 22)
3.2. Explain the role of Parliament in law- making
3.2.1 The role of Parliament in law- making in Vietnam
The role of the National Assembly in lawmaking in Vietnam is very important and unique. According to the
2013 Constitution, the National Assembly is the body that makes the Constitution, amends the Constitution,
makes laws, and amends laws; exercise constitutional and legislative rights. The National Assembly also
decides on important national issues and has supreme supervision over State activities.
During the legislative process, the National Assembly is not only the agency that passes laws, but also the
one who initiates, revises, completes and protects legal projects. The National Assembly also coordinates,
controls and supports other entities that have the right to submit draft laws, such as the Government, the
Supreme People's Court, the Supreme People's Procuracy, the Nationalities Council, and the Committees of
the National Assembly. National Assembly, National Assembly Standing Committee, National Assembly

8
Delegates, Central Vietnam Fatherland Front Committee and social organizations. The 2013 Constitution
affirms that the National Assembly is the body that makes the Constitution, amends the Constitution, makes
laws, and amends laws; exercise constitutional and legislative rights. In fact, this provision of the Constitution
is implemented quite strictly, specifically in the following order: every year, on the basis of requests from
agencies, organizations and individuals with the right to submit draft laws and regulations, The Standing
Committee of the National Assembly prepares and submits to the National Assembly for consideration and
decision on a program for developing laws and ordinances. On that basis, the National Assembly Standing
Committee assigns, directs, urges and supervises relevant agencies, organizations and individuals to
implement this program. The Nationalities Council and Committees of the National Assembly, in addition to
examining law and ordinance projects, also spend a lot of time and effort on revising and perfecting law
projects based on the opinions of the National Assembly, opinions of the people, and relevant agencies and
organizations. To serve this work, the Nationalities Council and National Assembly Committees have
participated from the beginning in the process of developing the law project. The National Assembly Standing
Committee, as the agency that prepares and chairs the National Assembly session, regularly gives comments
on draft laws and ordinances. Between the two sessions, National Assembly delegations organized
conferences to exchange, discuss and get opinions from relevant subjects. The opinions of National Assembly
deputies are an important and decisive basis in policy planning, revision and completion of each content of
the law project. According to this order, the National Assembly has full legislative power and the idea that the
National Assembly is only a law-passing body has no theoretical and practical basis. Reality shows that if you
compare the draft law presented to the National Assembly with the draft law that has been examined, revised,
completed and approved by the National Assembly's agencies, there is a fundamental change in quality,
especially in terms of policies, both in terms of content and document form.
* Authority and mode of operation of each subject
- The National Assembly decides on the program for developing laws and ordinances for both the term
and every year, comments, discusses and votes for approval.
- The National Assembly Standing Committee prepares a proposed program for developing laws and
ordinances to submit to the National Assembly; give opinions on draft laws; decide to include projects in the
agenda of the National Assembly session and the session of the National Assembly Standing Committee;
promulgate ordinances on issues assigned by the National Assembly; Decide to collect people's opinions on
draft laws.
- National Assembly Delegation: organize consultation and discussion on law projects, ordinances, and
draft resolutions; Provide information and create conditions for National Assembly deputies to collect
information, especially information about local practical activities on the law project.

9
 - National Assembly delegates: present draft laws, propose laws; research, contribute opinions, speak and
discuss at the National Assembly Delegation, Council of People's Committees, National Assembly Committees,
at National Assembly sessions and vote for approval.
Regarding the National Assembly's law and ordinance-making program
Based on the opinions of agencies, organizations and individuals with the right to submit laws and
ordinances, based on the socio-economic development plan and practical requirements, the National
Assembly Standing Committee prepares and submits to the National Assembly. Consider and decide on the
annual Law and Ordinance Development Program. Based on the Program approved by the National Assembly,
the National Assembly Standing Committee assigns drafting and verification tasks to legal projects. Experience
shows that the reasonable, scientific, and correct assignment of functions, tasks, and expertise of the drafting
agency and the verification agency is one of the important factors to ensure quality, time, and progress
preparation of legal projects.
An issue that arises in the process of formulating and implementing the Law and Ordinance Development
Program is the need to immediately determine the necessity of promulgating a law project when the National
Assembly Standing Committee prepares it and the National Assembly decides to include it in the program.
Only then can we meet the requirements for innovating legislative activities, ensuring scientificity, rigor and
feasibility, consistent with the reality of the Program approved by the National Assembly, and avoiding
situations when implementing the Program. In the process of developing laws and ordinances approved by
the National Assembly, the project submitting agency and the project appraisal agency must continue to
demonstrate the necessity or non-necessity of promulgating the document that the National Assembly has
decided into the program.
The law and ordinance development program is an important direction decided by the National Assembly,
it sets goals and requirements for the National Assembly, its agencies and relevant state agencies to strive to
implement to respond to life's urgent demands. The development and promulgation of the Program is linked
to the Socio-Economic Development Strategy, the 5-year and annual Socio-Economic Development Program
and is based on the requirements that real life is setting.
* Specific processes of legislative activities
a) Project drafting and preparation phase
In fact, law projects are mostly assigned to Government agencies (ministries and ministerial-level agencies)
to draft, of which, in some cases, they are assigned to the Supreme People's Court, the People's Procuracy,
and the Vietnamese Fatherland Front. Drafted by the Front's member organizations, the National Council of
People, and the Committees of the National Assembly. For some law projects related to many industries and
fields, depending on the nature and scope of regulation of those projects, the National Assembly Standing

10
Committee or the Government will decide to establish a Drafting Committee consisting of many agencies
relevant state.
- Steps to draft a law project:
+ Summary of law enforcement practices; Collect and codify legal documents within the scope and
subjects of the project.
+ Collect domestic and foreign information and documents related to the project.
+ Conduct actual surveys domestically and internationally on the issues that the proposed law
regulates.
+ Organize domestic and international scientific conferences.
+ Evaluate the impact of the project's regulations and standards.
+ Drafting the project for the 1st, 2nd, 3rd time
+ Conduct consultations with subjects governed by the project; opinions of domestic and foreign
experts; People's opinions (in cases decided by the National Assembly Standing Committee).
+ Discussion in the Editorial Team and Drafting Board.
+ Discussion between the Editorial Team, Drafting Board and relevant agencies and organizations.
+ Law projects submitted to the National Assembly by the Government must be discussed collectively
and decided by majority by the Government; Law projects submitted by the Supreme People's Court must be
discussed collectively and decided by majority by the Council of Judges of the Supreme People's Court; Law
projects submitted by the Supreme People's Procuracy must be discussed collectively and decided by majority
by the Supreme People's Procuracy Committee; Law projects submitted by the Council of People's Committees
and Committees of the National Assembly must be discussed collectively and decided by majority; If a law
project is submitted by the Fatherland Front and its members, the collective discussion and majority decision
will be carried out in accordance with the charter of those organizations.
b) Verification phase
- All draft laws before being submitted to the National Assembly must be examined by the Council of
People's Committee and the Committees of the National Assembly; The National Assembly Standing
Committee gives opinions.
- Currently, the work of examining law projects of the Ethnic Council and National Assembly Committees
is increasingly organized in depth. The verification has contributed to ensuring the groundedness, scientificity,
necessity, feasibility, practicality, objective rules... of the law project. At the same time, the law project is fully
and comprehensively reviewed in all aspects to properly assess the practical possibility of preparing the project
before submitting it to the National Assembly. On the one hand, consider the constitutionality, legality, and
synchronization of the law project with the current legal system and the law projects submitted to the National
Assembly; on the other hand, consider the scientificity and compatibility with the law of development.

11
Objective and practical development, with the will and aspirations of the people, socialist orientation.
Carefully considering and reviewing all different opinions during the project appraisal process has made the
appraisal activities richer, more scientific, more rigorous and comprehensive.
- Verification assignment:
+ Verifying legal projects is a unique function of the Council of People's Committees and Committees
of the National Assembly.
+ The assignment of verification is based on the field of activities of the Nationalities Council and
Committees of the National Assembly;
+ The intertwining of legal norms in relevant fields, especially in the context of ministries and
ministerial-level agencies implementing multi-sectoral and multi-sectoral state management, needs to be
considered comprehensively, ensure the correct field of operation of the Council of People's Committee and
the Committee when the National Assembly Standing Committee conducts inspection assignments;
+ State management content in law projects is related to laws on state apparatus organization. The role
of the Legal Committee when participating in verification with the Council of Citizens and other Committees
to ensure the constitutionality, legality and unity of the legal system must be properly emphasized;
+ Verification coordination needs to have many flexible methods to suit the practical requirements of
life and the current organizational and operational conditions of the Council of People's Committees and
Committees.
- Prepare verification meeting:
+ Collect information and documents (domestic and foreign);
+ Survey of domestic and international practices;
+ Organize scientific conferences (domestic and foreign);
+ Get opinions from experts; Opinions of some localities and subjects subject to regulation (in case of
necessity);
+ Listen to the drafting agency, relevant agencies and organizations explain and clarify a number of
issues that the verification agency is concerned about.
- Organize verification meetings:
+ Participants in the appraisal meeting include members of the Board of Directors, the Verification Chair
Committee, representatives of agencies participating in the appraisal, project submitting agencies, members
of the Drafting Committee, agencies and organizations, a number of legal experts, specialized experts and
scientists, and the mass media. In some cases, there is also the participation of National Assembly leaders;
+ Organizational methods include: Meeting of the entire agency in charge of verification with agencies
participating in the verification; meeting of the entire agency in charge of the verification with the Standing
Committee or representative of the agency participating in the verification; Standing meeting of the agency in

12
charge of verification or expanded Standing Committee; Standing meeting of the agency in charge of
verification with representatives of agencies participating in the verification;
+ Procedure at the verification meeting: Representative of the project submitting agency presents the
Proposal; The standing agency in charge of verification presents research opinions; The meeting chairperson
raises issues that need to be discussed; Delegates attending the meeting asked questions to clarify some
issues, and representatives of the agency submitting the project answered; Delegates discuss and debate; The
agency submitting the project explains and receives opinions from delegates to continue to revise and
complete the project; The capital concludes the meeting.
- Regarding discussion at the meeting:
+ State the issues for discussion, especially those that still have different opinions and viewpoints within
the Drafting Committee, or among relevant agencies and organizations, or among members of the verification
agency. ;
+ Discussion content includes constitutionality, legality, legal basis, practical basis and consistency of
the legal system; scope and subject of adjustment; impact assessment; Compatibility with international
treaties to which Vietnam is a member; project content; on state management and effectiveness of
documents;
+ Vote on issues with differing opinions among members of the inspection agency (each content or the
entire project).
- Regarding the content of the Verification Report:
+ This is an important consequence of all verification activities of the Council of People's Committees
and Committees of the National Assembly;
+ The views of the majority and minority and the arguments of the views must be fully and
comprehensively reflected and presented in the Verification Report;
+ Clarify the theoretical, practical and scientific basis for critical issues raised in the verification report;
+ Clearly state the advantages, shortcomings, limitations, and causes of the draft law, especially in
terms of document quality, group interest issues, unfeasible issues, inconsistency with practice...;
+ State recommendations, plans, and solutions to improve the project's policies, regulations, and
arrangements.
c) Comment period before submitting to the National Assembly
- The National Assembly Standing Committee is the only entity that gives opinions on draft laws before
submitting them to the National Assembly.
- Commenting includes the following basic issues:
+ Content and scope of the National Assembly Standing Committee's comments: policy issues,
feasibility, consistency, implementation resources;

13
 + Discussion and debate at the National Assembly Committee;
+ Legal value of giving opinions;
+ Order of the opinion session; In case of necessity, conduct voting;
+ Explanation and acceptance by the project submitting agency and the verifying agency.
d) Present the law project at the National Assembly session
- According to the provisions of the Law on Promulgation of Legal Documents, a law project submitted to
the National Assembly for consideration, discussion and approval can be conducted at one session, two or
more sessions. But in reality, most bills are submitted to the National Assembly for consideration and approval
at two sessions.
- At the first session, the National Assembly gives opinions on major issues, issues that belong to the
guidelines and policies of the draft law, issues that still have different opinions as a basis for revising and
completing the project. improve the law project between two sessions.
- At the second session, the National Assembly reviewed and discussed the law project that the National
Assembly Standing Committee directed the verifying agency, the drafting agency, the Law Committee, and
relevant agencies and organizations to revise and complete. improvement, then review and vote for approval.
- The submission of the law project at the first session is conducted as follows:
+ Agencies, organizations and individuals submitting the law project present the law project proposal
to the National Assembly;
+ The Council of People's Committee and the National Assembly Committees are assigned to preside
over the verification and present the verification report to the National Assembly;
+ National Assembly deputies discuss the law project in groups and at the Assembly Hall;
+ When there are different opinions on some issues of the project, under the direction of the National
Assembly Standing Committee, the meeting secretariat coordinates with the presiding agency for verification
and the project submitting agency to send ballots asking Delegate to the National Assembly for opinions and
submit to the National Assembly the results of that consultation. In case of necessity, the National Assembly
can vote on a number of project issues as a basis for receiving and adjusting the relevant agencies;
+ The meeting secretariat coordinates with the presiding verification agency and the project submitting
agency to gather and synthesize opinions of National Assembly delegates as a basis for adjustments between
two sessions.
- Revising the law project between two sessions:
+ Based on the Minutes of gathering and synthesizing opinions of National Assembly deputies
discussing in groups and at the Conference Hall on law projects, and the voting results of the National
Assembly on major issues of the law project, if any, The National Assembly Standing Committee directs the

14
appraisal agency, the project drafting agency, the Law Committee and relevant agencies and organizations to
revise and complete the project;
+ The agency in charge of verification coordinates with the drafting agency and relevant agencies and
organizations to revise the project and prepare the explanation and acceptance report.
+ After completing the revision of the law project, the inspecting agency is assigned the task of
submitting to the National Assembly Standing Committee for opinions on a number of major issues, issues
that still have different opinions in the process of revision and completion. ;
+ The National Assembly Standing Committee holds a meeting to give opinions;
+ Sending draft laws to get opinions from National Assembly delegations;
+ Continue to revise and complete according to the conclusions of the National Assembly Standing
Committee before submitting to the National Assembly.
- Presentation of the law project at the second session:
+ The National Assembly Standing Committee is the agency that submits to the National Assembly for
consideration and discussion to approve a law project that has been revised and completed based on the
opinions of National Assembly deputies;
+ National Assembly discusses; If necessary, vote on issues with different opinions;
+ The National Assembly Standing Committee directs continued completion of the project according to
the opinions of National Assembly delegates;
+ The National Assembly considers and votes to approve.
- The Chairman of the National Assembly signs and authenticates law projects passed by the National
Assembly and forwards them to the President for proclamation.
* The role of National Assembly deputies in legislative activities
- Constitution making and legislation are the most important functions of the National Assembly,
therefore, this is also the most important task of the National Assembly. National Assembly deputies have a
decisive role in the legislative process. It is also because of this role that the Constitution and the Law on
Organization of the National Assembly stipulate that National Assembly deputies have the right to present
bills, ordinances, and legal proposals to the National Assembly.
- The Vietnamese National Assembly operates in sessions, so between sessions, studying and contributing
opinions of National Assembly deputies to draft laws and ordinances is very important. This is a condition for
National Assembly delegates to approach the problem, grasp, search for information, form arguments,
arguments, and viewpoints to serve the research, discussion, revision, review, and approval of the project law
at the session.
- Conditions for National Assembly deputies to participate in the legislative process:
+ Providing and processing information and documents;

15
 + Legal mechanism for National Assembly representatives to participate in the legislative process;
+ Guaranteed conditions in terms of consulting, service and operating funding.
(Dr.NguyenDinhQuyen, 2024)
3.2.2 The role of Parliament in law- making in the UK

Figure 1: The House of Lords at UK Parliament.

(UKParliament, 2020)

Most English law is currently made by, or with the authority of, Parliament. Direct (parliamentary/primary)
legislation comprises Acts of Parliament, created by the passage of a Bill through certain prescribed processes
in the House of Commons and the House of Lords. Indirect (delegated) legislation is created by a body (usually
a government department or local authority) which has been given the power to legislate by Parliament under
an enabling Act.
Most legislation is proposed by government ministers, but backbench MPs have limited opportunities to
put forward Private Members’ Bills. These usually relate to non-partypolitical issues. In practice, few Private
Members’ Bills become Acts because of the limited amount of parliamentary time available to them.
The pre-legislative stage
A government Bill is usually preceded by the issue of a Green Paper which sets out the legislative proposals
for discussion. Consultation with relevant interest groups may take place. A White Paper is then issued, which
lays down the principles on which the draft Bill is based.
Parliamentary procedure
The first stage of a Bill’s journey through Parliament is the introduction and first reading. Most Bills are
initially processed in the House of Commons and then go through the same procedures in the House of Lords.

16
All important and controversial Bills, including all money Bills, must start off in the Commons. The first reading
is a formality to announce the existence of the Bill and to set down a date for the second reading.
The second reading involves a full debate which starts with a speech from the minister who is proposing the
Bill. This is answered by the relevant shadow minister. After contributions from any interested member, a vote
is taken. Provided that a majority is in its favour, the Bill passes on to the committee stage.
At the committee stage a standing committee of 25–45, appointed in proportion to party representation,
usually examines the Bill clause by clause. Amendments may be proposed. (Some Bills require consideration
by a committee of the whole House. They do not have a report stage, but progress straight to the third
reading.)
Following the committee stage the committee reports on its findings (the report stage), debate takes place
on proposed changes, and further amendments may be proposed to the Bill.
At the third reading of the Bill, a short debate concentrates on the main points of the Bill. In the Commons,
only superficial changes (to grammar or syntax) will be made, though greater changes may take place in the
House of Lords.
The processes discussed above are repeated when the Bill reaches the House of Lords (transfer to the other
House). Note that, under the Parliament Acts 1911 and 1949, the House of Lords cannot reject a Bill outright,
although it may delay any Bill except a money Bill for up to a year: a money Bill can be delayed only for a
month. The power to delay may give the Lords considerable power, as the government is likely to seek a
compromise to enable it to pursue its policies.
Before the Bill can become an Act of Parliament and pass into law, it must receive the Royal Assent. By
convention this is just a formality: hundreds of years have passed since the Crown took an active legislative
role.
The date of implementation of the whole or any part of an Act of Parliament is usually specified in it.
(Alix Adams, 2010: 22)
3.3 Example of a legal case in Viet Nam
* Background of the case
On May 11, 2022, between Mr. Tran Anh N1, Mr. Tran Ngoc D and Ms. Pham Thi L1, there was an agreement
to sign a deposit contract to transfer land use rights. The land has an area of 100m2, the right-hand side of
land plot number 659, map sheet number: 02 belongs to village H, commune D, district D, Quang Nam province
(in the direction overlooking University Road 4DX, 5.5 m wide ) was granted a Land Use Rights Certificate by
the Department of Natural Resources and Environment, ownership of houses and other assets attached to
land number: CM430259, number in the Certificate book number: CS00100 (T, Book 22) dated August 31,
2018. Mr. N1 has fully delivered to Mr. D and Ms. L1 the deposit amount of 700,000,000 VND (seven hundred
million VND). According to the provisions of the Deposit Contract, Mr. D and Ms. L1 must be responsible for

17
completing the procedures for dividing the plot and dismantling structures on the land no later than August
11, 2022. However, on the appointment date, Mr. N1 contacted to request to proceed with the notarization
of the contract as agreed, but Mr. D and Ms. L1 replied that they had not completed the procedures for
separating the plot, and had not yet dismantled the architectural work. on the land so it is not possible to
notarize the Transfer Contract. Therefore, Mr. N1 sued to request the Court to resolve:
- Force Mr. Tran Ngoc D and Ms. Pham Thi L1 to return to Mr. Tran A N the deposit amount for transfer
of part of land plot number: 659, map sheet number: 02 in village H, commune D, district D, province Quang
Nam is: 700,000,000 VND (seven hundred million VND).
- Forcing Mr. Tran Ngoc D and Ms. Pham Thi L1 to pay a deposit fine of N1 in the amount of 700,000,000
VND (seven hundred million VND) due to violating commitments in the Deposit Contract.
- The total amount Mr. D and Ms. L1 must pay to Mr. N1 is: 1,400,000,000 VND (one billion four hundred
million VND), paid in one lump sum immediately after the judgment takes legal effect.
- Mr. D, Ms. L1 agreed with Mr. Tran Anh N1's statement about signing the deposit contract and the
deposit amount received was 700,000,000 VND, but did not agree with the lawsuit request. Due to many
objective obstacles in the measurement process, the area increased or decreased, the land was donated to
pave the way, and the land of not on schedule in time. Currently, Mr. D and his wife have completed the
procedures to separate the plot and issue a certificate, but the area is only 97m2. Mr. D and his wife agreed
to deduct the amount due to the lack of 3m2 of land, and at the same time will pay Mr. N1 interest at the
state-regulated interest rate. If Mr. N1 does not agree with the plan proposed by Mr. D and his wife, he will
only accept to return the deposit amount of 700,000,000 VND (seven hundred million VND) to Mr. N1 pay and
do not agree to the request to pay Mr. N1 the deposit fine of 700,000,000 VND (seven hundred million VND).
* The legal issue
Judgment 108/2023/DS-PT dated September 25, 2023 on deposit contract disputes are disagreements and
conflicts in rights and interests between parties related to deposit contracts.
* The Decision of The Court
Pursuant to Clause 2, Article 26, Article 35, Article 39, Article 147, Article 157 of the 2015 Civil Procedure
Code; Article 328, Article 357 of the 2015 Civil Code; Article 27 of Resolution No. 326/2016/UBTVQH14 dated
December 30, 2016 of the National Assembly Standing Committee stipulates the rates of collection,
exemption, reduction, collection, payment, management and use of court fees and charges.
Accept all of Mr. Tran Anh N1's lawsuit request regarding the deposit dispute.
Force Mr. Tran Ngoc D and Ms. Pham Thi L1 to return to Mr. Tran A N the amount of 700,000,000 VND
(seven hundred million VND) they received as a deposit to transfer land use rights.
Force Mr. Tran Ngoc D and Ms. Pham Thi L1 to pay an additional amount of money equivalent to the value
of the deposited property of 700,000,000 VND (seven hundred million VND) to Mr. Tran Anh N1.

18
 The total amount of money Tran Ngoc D and Ms. Pham Thi L1 must pay to Mr. Tran A N is 1,400,000,000
VND (one billion four hundred million VND).
From the date the judgment takes legal effect (in cases where the judgment enforcement agency has the
right to proactively issue a decision to execute the judgment) or from the date of the judgment creditor's
request for judgment enforcement (for sums payable to the judgment creditor) until the judgment is
completed, the judgment debtor must also bear interest on the remaining judgment debt according to the
interest rate specified in Clause 2, Article 357 of the 2015 Civil Code.
Litigation costs: Mr. Tran Ngoc D and Ms. Pham Thi L1 must bear 1,100,000 VND (one million one hundred
thousand VND) for on-site review and appraisal costs that Mr. D and Ms. L1 have paid in full.
- First instance civil court fees: Mr. Tran Ngoc D and Ms. Pham Thi L1 must bear 54,000,000 VND (fifty-
four million VND). Refund to Mr. Tran A N the amount of advance court fees paid by Mr. N1 which is 27,000,000
(twenty-seven million) VND according to the receipt of advance payment of court fees and court fees No.
0002195 dated October 17, 2022 of the Department of Justice. Civil judgment enforcement department of
Duy Xuyen district, Quang Nam province.
- Appeal civil court fees: Defendants Mr. Tran Ngoc D and Ms. Pham Thi L1 must pay appeal civil court
fees of 300,000 (Three hundred thousand), refund to Mr. Nguyen Huu H the advance payment of 300,000
court fees. (Three hundred thousand) VND according to the Receipt of advance payment of court fees and
charges No. 0002511 dated May 31, 2023 of the Civil Judgment Enforcement Department of Duy Xuyen
district, Quang Nam province.
In case a judgment is executed according to the provisions of Article 2 of the Law on Execution of Civil
Judgments, the person whose civil judgment is to be executed and the person who must execute the civil
judgment have the right to agree to execute the judgment, the right to request enforcement of the judgment,
and the right to execute the judgment, voluntarily execute judgments or be forced to execute judgments
according to the provisions of Articles 6, 7 and 9 of the Law on Execution of Civil Judgments; The statute of
limitations for judgment enforcement is implemented according to the provisions of Article 30 of the Law on
Civil Judgment Enforcement.
The appeal judgment takes legal effect from the date of sentencing (September 25, 2023).
Source: People's Court of Quang Nam province (2023)
(ThuVienPhapLuat, 2023)
IV. Evaluate the effectiveness of the legal system in terms of recent reforms and developments
The UK has implemented many reforms in the judicial and legal system, such as optimizing the judicial
process to increase transparency and save costs. The legal system in the UK has updated and adapted to new
technological advances, including using online systems for case management and legal information. This
enhances efficiency and convenience in the judicial system.

19
4.1. New law against illegal immigration to the UK
July 20, 2023 The law on preventing illegal migration was passed after receiving approval from the British
Royal Family. The Illegal Migration Act prevents abuse of the UK's protection arrangements for migrants under
modern slavery legislation and includes provisions for migrants to do not use legal tools to hinder eviction.
The law will allow the UK Government to detain and deport illegal immigrants to their country of origin or
move to a country such as Rwanda to pursue the asylum process in the UK. Immigrants can only avoid
deportation for special reasons related to asylum, human rights or modern slavery. According to the Law,
people who come to the UK illegally will not be able to return and will not be able to apply for settlement or
citizenship later, except in special circumstances.
The situation of illegal immigration into the UK before 2023 is very serious and dangerous. It not only
violates the law but can also cause many other problems such as increased criminal activity, putting pressure
on the social security system and create risks for those involved in illegal migration. In fact, migrants face many
risks along the way such as the risk of injury, abuse or exploitation. The journey is not only expensive but also
very dangerous. Many men, women and children have died trying to reach Britain by sea or by truck. Migrants
are often put in dangerous situations.
- Most human trafficking groups typically:
+ Using cheap inflatable boats is not suitable for dangerous waters
+ Cram a lot of people onto the boat
+ Life jackets are not provided
According to data from the British Home Office, in 2020, there were about 28,300 cases of illegal
immigration detected in the UK. These are only official figures, it is possible that there are many unrecorded
cases. Illegal migration not only creates a potential crime situation but also impacts the social security system
and national security. To solve this problem, there needs to be cooperation between countries and increased
border control.
The British government has taken many tough measures to prevent the wave of illegal migration by sea,
such as establishing a specialized force to combat illegal migration at sea, cooperating with France and other
international partners. The international community strengthens surveillance and maritime patrols,
suppresses human trafficking crimes, and promulgates new laws to bring illegal immigrants back to their home
country or to third countries. As a result, the number of people crossing the sea by steamboat to the UK
decreased by 36%, from nearly 45,780 people in 2022 to nearly 29,440 people in 2023.
Purpose: Britain's new anti-illegal immigration laws aim to stop small boat immigration and protect Britain's
borders. This is a measure to help Britain regain control of its borders and ensure safety. Specifically, tightening
border controls and reducing illegal migration helps protect the UK economy, social security system and
national security. In this way, the government can better manage its resources and population, reduce

20
pressure on the public system, and enhance domestic security. At the same time, strong law enforcement also
helps prevent criminal activity related to illegal migration.
(QuynhChi, 2023)
Example: October 23, 2019, 39 bodies, 31 men and 8 women, were discovered in a refrigerated container
truck driven by driver Maurice Robinson, in Grays Industrial Park, Essex County, UK. The victims were later
identified as Vietnamese citizens who illegally immigrated to the UK by container on a ferry departing from
Belgium to Purfleet port in Essex. The accident involved human smuggling and illegal transportation of people
across the border. According to investigation results, the process of transporting people on the truck caused
suffocation and increased temperature in the closed space, which was the direct cause of the deaths of people
on the truck. Information about 39 Vietnamese citizens illegally immigrating to the UK is a specific example of
illegal migration and related risks. This not only violates British law but can also put them in a dangerous
situation and not ensure social security. Such cases need to be handled fairly and legally, and long-term
solutions need to be found to prevent illegal migration. Cooperation between countries and strengthening
border controls are important to solve this problem.
(HongVan, 2020)
4.2 Financial Fair Play - FFP
The Financial Fair Play Law in Football (FFP) is a regulation introduced under the initiative of former UEFA
president, Michel Platini, and his colleagues in 2009. The goal of this law is to ensure fair and transparent
competitive environment among European football clubs.
- Effective date: The FFP Law officially takes effect from June 1, 2011.
Financial Fair Play - FFP is a set of rules applied in the Premier League and other tournaments based on UEFA's
Profit and Sustainability Rules - PSR. The Law on Profit and Sustainable Development (PSR) is a set of laws set
by the Premier League Organizing Committee based on UEFA's Financial Fairness Law (FFP). This is a law to
prevent clubs from spending beyond their means, leading to debt and future crisis. The Premier League
organizers hope PSR brings balance, attractiveness and more sustainable development to the tournament.
According to regulations, a team cannot have losses exceeding 30 million euros in three consecutive seasons.
There must be no overdue debts with related parties such as other clubs, players, taxes, or social insurance.
There must be no illegal payments or financial fraud. Must have a license issued by the national football
federation to demonstrate compliance with financial, infrastructure, legal and commercial standards. If clubs
violate FFP rules, they can be subject to disciplinary measures by UEFA. This law does not allow clubs that are
having financial difficulties to participate in the European Cup. FFP also controls the financial balance between
salaries, transfer fees and revenue from television rights and tickets. However, investments in infrastructure
in the permitting category, women's football and community football for local youth will be exempted by the
PSR.

21
The financial disparity between clubs leads to unfairness in competition. Clubs with wealthy owners will spend
a lot of money to bring the best players to the team. This causes the teams' level to be seriously unbalanced,
causing matches to almost fall into a situation where the results are not yet played.
The most typical evidence for this example is Man City and PSG, two champions of England and France, two
clubs owned by wealthy owners. Thanks to their financial strength, they have had massive exchanges and
purchases of players after each season. Thereby, these clubs can also easily win championship titles in their
countries.
- Man City's penalty:
+ Fine of 48.8 million pounds. Of which, Man City must pay 16.3 million pounds if financial conditions
can be guaranteed in the near future. The remaining 32.5 million pounds is a suspended sentence.
+ Next season's transfer money can only be spent up to 48.8 million pounds.
+ No increase in salary fund for next season.
+ Registered 21 players in the Champions League, down 4 players compared to normal.
- PSG penalty: similar to Man City.
The Financial Fairness Law for football was passed to limit "inflation" of football teams, helping them build a
solid financial foundation. At the same time, the law also helps tournaments not lose their appeal because of
easily predictable results.
- Clubs will receive penalties depending on the severity of the violation. Among them, the lightest is a
warning fine, and the heaviest is relegation.
+ Fine
+ Point deduction
+ Restrictions on player registration
+ Transfer prohibited
+ Beat relegation
Purpose: The purpose of this law is to ensure a fair and transparent competitive environment among
European football clubs. Football teams must publicly disclose their financial budgets, transfer transactions,
and player purchases. This law does not allow clubs that are having financial difficulties to participate in the
European Cup. Encourage clubs to live within their means and not rely on external sponsors. Minimize
pressure to increase salaries for players and ticket prices for fans. Increase competition and diversification in
European football. Protecting the continuity and sustainability of European and national competitions.
The FFP law has had a positive impact on the financial situation of European clubs, helping to reduce total
debt and increase total profits. However, the FFP law also faces many criticisms regarding its fairness,
effectiveness and enforceability. Several clubs have sued UEFA claiming that the FFP law violates freedom of

22
business and competition. Some other clubs have sought to circumvent the rules by using accounting tricks or
receiving inflated sponsorship payments.
(VuongHanNguyen, 2024)
4.3 Equality act 2010
The Equality Act 2010 is a law of the UK Parliament, passed during the government of Prime Minister Gordon
Brown.
Effective date: The provisions of the Law apply from October 2010.
Before the Equality Act 2010, equality and anti-discrimination laws were enforced through a series of different
pieces of legislation, including the Race Relations Act 1976, Sex Discrimination Act 1975, Disability
Discrimination Act 1995, and other regulations. This fragmentation makes understanding and complying with
regulations complex and difficult. Due to the fragmentation and inconsistency between laws, there are legal
loopholes that can be exploited to avoid or abuse the legal system, leading to injustice and lack of equality in
society. Old laws and regulations are often unclear and inconsistent in defining and handling discrimination
cases, leading to ambiguity and uncertainty in the application of the law. Old laws may lack protection or
comprehensively cover all protected personal characteristics, leading to inequality and discrimination in some
cases.
Purpose: The main purpose of this legislation is to consolidate, update and supplement previous laws and
regulations, which form the basis of anti-discrimination legislation in most of the UK. This Law replaced many
previous anti-discrimination laws with a single Law, providing greater understanding and increased protection
in certain situations. The Equality Act 2010 protects workers from discrimination in issues such as recruitment,
working conditions, promotion and dismissal. It also provides protection for individuals when using public
services and in other areas such as education and culture. This law is intended to ensure that people are
treated fairly and are not discriminated against based on personal characteristics such as age, gender, race,
religion, or disability.
(GovernmentUK, 2015)
V. Conclusion
Through the above article, the author explained the differences between the two legal systems in the UK and
Vietnam. Outline the general definition, purpose of law and main sources of law in the UK and Vietnam.
Moreover, explain the law-making role of the government and parliament, choosing a legal suit in Vietnam
law as an example. Finally, an assessment of the effectiveness of the legal system in relation to recent reforms
and developments, particularly with respect to the UK legal system, and an overview of how measures reform
measures have affected the enforcement and compliance of laws, as well as their impact on citizens and
businesses.

23
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