Le Bich Hoang - 2312255018

Tran Dong Dong - 2312255009

Tran Minh Chau - 2313255002

Tran Thi Le Quyen - 2312255051

Le Hoang Chau Anh - 2312255004

Tran Ngoc Phuong Nguyen - 2312255037

1. Unhappy customer demand refund.

   • Due to Article 445 clause 1 of Civil Code 2015, Seller shall ensure the value of use or characteristics of the purchasing item; if the purchaser discovers that the defect has lost its value or reduces the value of use of the purchased article, he/she shall immediately notify the seller of the defect when he/she finds it and has a right to ask him/her to repair or exchange it for other defective item, discount and compensate for damages. unless otherwise agreed.

   • Due to Article 440 clause 1 of Civil Code 2015, Purchaser is obliged to pay the money according to the time, place and amount specified in the contract.

     
     

     => No refund: contract is not always written down if the restaurant provides the food and the customer already consumed the food, then there would be no evidence of the bad services, customers are not always rights and there could be that the customer is just lying for a free meal.

     There could be some other way to condemn for the customer if the claim is legitimate like Vouchers, coupon, discount.

   • 
     

   • 
     

   • 4. Contract Freedom (Article 132 of the Civil Code): Parties are generally free to negotiate and agree on the terms of a contract, including a franchise agreement.

     
     

     Binding Nature of Agreements (Article 139 of the Civil Code): Once a contract is validly formed, both parties are bound by its terms and conditions.

     Since the franchise agreement likely outlines specific requirements for maintaining brand identity, this could include employee dress code. The franchisor, acting within the rights granted by the contract, can object to a change that deviates from the agreed-upon brand image.

     
     

     Options for the Restaurant Owner under Vietnamese Civil Law:

     Review the Franchise Agreement: Carefully examine the agreement to see if there are specific clauses regarding uniforms, dress code, or brand consistency.

     Negotiate with the Franchisor: The owner can attempt to negotiate a compromise, perhaps allowing a more relaxed dress code on Fridays but with limitations to maintain brand recognition.

     Comply with the Agreement: If no compromise is reached, the owner is legally obligated to comply with the terms of the franchise agreement to avoid potential legal action from the franchisor.

   • 
     

   • 2. Depend on the labor contracts between the hotel and the employee:

     • according to the Art 125, Clause 2 of Labor Code, "The employee discloses technological or business secrets or infringing the intellectual property rights of the employer, or commits acts which are seriously detrimental or posing seriously detrimental threat to the assets or interests of the employer, or commits sexual harassment in the workplace against the internal labor regulations;", the employee will be undergoing administrative processing for breaching the contract. Because the driver caused the accident, his/her license will be confiscated, he/she cannot work for the company anymore. This threatens "assets or interests of the employers".

     • On the other hand, If the labor contract does not state that the employee will be suspended for breaking the law after office hours or without damaging the hotel, it will be illegal to suspend the employee.

   
   

   3. Based on the definition in Article 3.9: 

      “state organizations” include a regulatory authorities, political organizations, socio-political organizations, military units, public service agencies, state-owned enterprises, other organizations and units established, invested in, partially or wholly funded by the State, partially or wholly administered by the State for the purposes of development of the State and society and the wording of Article 22.2: “State organizations and office holders directly or indirectly receive gifts in any shape or form

      from another organization or individual that is relevant to the tasks they are performing or under their management”

      
      

      Explanation: The regulations and restrictions regarding gifts-giving under the Anti-corruption Law 2018 only apply to State-owned enterprises, state agencies, organizations, units,and public officials. Enterprises and organizations in the non-state sector must carry out self-examination for detecting and handling, or proposing competent agencies to handle, acts of corruption occurring in their enterprises' organizations. => So she can legally accept the gift without threatening her employment status. However, she needs to check the COC (Code of Conduct) beforehand to see if it is legal to receive the present without trespassing. Each company has different COC too

   • 
     

     • 
       

     
     

1. Phạm Hồng Thy - 2312255066

2. Trần Ngọc Ý Như - 2312255041

3. Nguyễn Trần Phương Trúc - 2312255073

4. Lữ Hoàng Thanh Khang - 2312255023

5. Nguyễn Hồ Hà Phương - 2311215021

6. Dương Duy Hiệp - 2312255016

7. Trần Thị Ngọc Thủy - 2312255065

1.

According to the law below:

Article 4, CONSUMER RIGHTS

Clause 5: Being entitled to require compensation if the provided goods or services do not match technical standards or norms, quality, quantity, features, usage, pricing or other contents that organizations or individuals trading goods and/or services already announced, posted, advertised or pledged.

In this case:

If the services aren't good, customers aren't entitled to a full refund due to these below reasons:

• If customers weren’t satisfied with the service, they should complain to the servers right at the moment they brought out the food. However, in this case, they finished the meal before complaining, so there is no evidence to protect customers’ arguments. → They may receive a refund but may not be 100% one.

• Besides, it also depends on the policies of each and every restaurant.

2.

According to the labour contracts of the resort and the seriousness of the problem

CASE 1: Law to be based on: it depends on the seriousness to choose law (criminal code 2015 -> automatically suspended)

CASE 2: based on labour contracts between the hotel and the employee:  

+ The employee will be undergoing administrative processing for breaching the contract (The driver caused the accident → The driver license will be taken away → He can’t work for the company anymore)   

+ If the labor contract doesn’t state that the employee will be suspended for breaking the law after office hours or without damaging the hotel, it will be illegal for the hotel to suspend the employee. The employee will legally demand compensation if he is suspended

LAW: Pursuant to the provisions of Clause 1, Article 128 of the Labor Code 2019, as follows

Work suspension

1. An employer has the right to suspend an employee from work if the violation is of a complicated nature and where the continued presence of the employee at the workplace is deemed to cause difficulties for the investigation. An employee shall only be suspended from work after consultation with the representative organization of employees to which the employee is a member.

+ The Code lays four fundamental principles for application of labor discipline, specifically as follows: 

- The employer is able to prove the fault of the employee; 

- The grassroots-level employees’ representative organization of which the concerned employee is a member must participate in handling the employee’s violation; 

- The employee must be physically present and may defend himself/herself or ask a lawyer or the employees’ representative organization to defend him/her; if the employee is under full 15 years old, he/she must be accompanied by his/her at-law representative (a parent or an individual legal representative);

- The handling of the employee’s violation must be recorded in a minutes.

3.

• Based on the Anti-corruption Law 2018:

• Article 4.2: Every non-state organization has the responsibility to:

a) Implement measures for prevention of corruption; discover and report any act of corruption that occurs within their organization to competent authorities, and cooperate with competent authorities in taking actions in accordance with its rules and regulations;

b) Promptly provide information about acts of corruption committed by office holders and cooperate with competent authorities in prevention and taking actions against such acts of corruption. 

• Article 3.9: “state organizations” include a regulatory authorities, political organizations, socio-political organizations, military units, public service agencies, state-owned enterprises, other organizations and units established, invested in, partially or wholly funded by the State, partially or wholly administered by the State for the purposes of development of the State and society.

• Article 22.2: “Agencies, organizations, units, and public officials are not allowed to directly or indirectly receive gifts in any form from agencies, organizations, units, individuals which are relating to the affair which they are handling or fall under their management” 

• Check the COC (Code of Conduct) of each company beforehand to see if it is legal to receive the present without trespassing.

=> She should not receive the gift

4.

A franchise restaurant owner receives a letter from her franchisor stating that the "casual Friday" dress code policy recently adopted by the owner is in violation of the franchise agreement. Must the owner change her policy?

=> BASED ON FRANCHISE AGREEMENT (Article 289, clause 3)-COMMERCIAL LAW 2005: The Franchisee has the obligation to be under control of the franchiser, obey the requirements from the franchiser about the service providing. Obligations of franchises to comply with all requirements set by franchisers. → The restaurant owner has to change her policy

- First, the franchise owner needs to check the agreement to see if a "casual Friday" dress code is allowed. They should also clarify if uniforms are mandatory for employees or just an option.

- If the agreement allows it, the owner can explain the decision to the franchisor. However, if it violates the terms, the owner needs to adjust the policy immediately to comply. Otherwise, they might face repercussions as outlined in the franchise agreement.

=> Termination of the agreement (article 16, clause 2d)-COMMERCIAL LAW 2005

> You have to stick with what you signed in the contract and comply with

LAW: Decree 35/2006/ND-CP on Franchise contract

1. Trần Trung Tấn - 2312255058

2. Nguyễn An Ninh - 2312255043

3. Trần Sơn Long - 2313255011

4. Lê Ngọc Yến Minh - 2312255031

5. Nguyễn Mai Ngọc - 2312255036

6. Nguyễn Phạm Quỳnh Anh-2313255001

7. Nguyễn Xuân Nhi-2312255038

8. Nguyễn Trần Quang Đăng-2313255004

   1. 
      

- According to Article 4 and 5 of the Claim Laws 2020, A written contract is not always necessary; for example, if a restaurant serves food and customers have already eaten it, there's no need to file a complaint over the services. Customers are not entitled to a complete refund if the services are poor since they might invent a story in order to receive a free dinner, unless one of the following circumstances applies:

+ If the meal quality isn't up to standard (wrong order, missing item, etc.), the consumer can call the manager or customer service department at the numbers provided to request a different dish, a discount code, or a refund up to a specific percentage.

+ Customers have a right to a specific amount of refund if they notice a problem within a reasonable period after receiving their meal and the reasons given are valid.

+ In order to allow staff to verify that food is of the standard that customers want, they have to leave the location. 

- Additionally, it is depending on the policies of that restaurant

Depend on the labour contracts between the hotel and the employee:

 + The employee will be undergoing administrative processing for breaching the contract

(The driver caused the accident → The driver license will be taken away → Can’t work for the company anymore)

 + If the labor contract doesn’t state that the employee will be suspended for breaking the law after office hours or without damaging the hotel, it will be illegal for the hotel to suspend the employee. The employee will legally demand compensation if he is suspended.

+ If the labor contract state that the employee will be suspended for breaking the law after office hours or without damaging the hotel, it will be illegal for the hotel to suspend the employee. According to Article 6.1 a of Labor Code 2019.

3. 

The Anti-Corruption Law 2018's gift-giving prohibitions and limits only apply to State-owned firms, state agencies, organizations, units, and public officials, as per the definition in Article 3.9 and the wording of Article 22.2. Businesses and organizations in the non-state sector are required to conduct self-evaluations in order to promptly identify and address instances of corruption inside their establishments, or to suggest appropriate third-party agencies for managing such instances. => In order for her to accept the present lawfully and not jeopardize her job status. To make sure it is OK to accept the gift without infringing, it is necessary to review the COC (Code of Conduct) in advance. Every business has a unique COC as well!

4. The owner must first determine if the franchise agreement is broken by the "casual Friday" clothing requirement. They need to have a discussion on whether or not wearing a uniform to work is required of employees. She can request that the franchisor reevaluate the choice if it does not conflict with the terms of the franchise agreement. In the event of a violation, she will have to make quick changes to the policy in order to comply with the franchise agreement, or else she would be required to pay the franchisor agreement. => You must adhere to the terms of the contract that you signed.

1. Phạm Gia Bảo Trân - 2312255070

2. Trương Thị Xuân Nhi - 2312255040

3. Trần Ngọc Anh Thư - 2313255015

4. Lương Hữu Thiện - 2312255060

5. Phan Lê Kim Phúc - 2312255045

6. Nguyễn Trần Huy Hoàng - 2312255019

7. Nguyễn Mai Khanh - 2313255007

8. Trịnh Lương Nhật Quân - 2315215004

1. Đinh Võ Huy Hoàng - 2312255017

2. Đinh Tú Uyên - 2313255016

3. Lê Thị Thủy - 2312255064

4. Lê Thị Hương Quỳnh - 2312255052

5. Trần Quốc Tín - 2312255067

6. Lê Mẫn - 2313255012

7. Phạm Hoàng Đạt - 2312255008

8. Nguyễn Quỳnh Châu - 2114154002

1. Dương Thuỳ Linh - 2313255010

2. Nguyễn Tấn Đạt - 2311215003

3. Đinh Nho Hoàng Nam - 2312255032

4. Võ Huỳnh Gia Nghi - 2312255034

5. Nguyễn Trần Khánh Phương - 2312255048

6. Nguyễn Khắc Đoàn - 2315215001

7. Nguyễn Huỳnh Song - 2312255055

8. Vũ Quang Huy - 2312255021

II. Answers:

Question 1:

A restaurant guest is unhappy with the quality of service provided during his meal. He complains to the manager and angrily demands his money back, but his meal has been eaten. Is the guest legally entitled to a refund?

The guest is not allowed to get a refund because the meal has been eaten -> cannot be refunded.

But if the quality of the service: attitude - go further but need to have evidence based on the Law on the Consumer Protection Civil Code.

Normally, the restaurant may give some discount to the customer, but not compulsory. From a legal perspective, the guest is not allowed to get a refund.

=> Based on Art 4 Clause 5: Law on the Consumer Protection Civil Code, 2023

Question 2: 

A resort employee is arrested by the local police for driving under the influence of alcohol. He is employed by the hotel as a van driver but was not on duty at the time of the arrest. Should the hotel suspend his employment?

- The hotel may have the right to suspend his employment

- Labor contract/Employment contract, if they mention that case in the contract -> can be suspended. If not mentioned, there is no legal ground to suspend him

• Scenario 1: criminal law -> Suspend

• Scenario 2: law on traffic safety - driving license taken away - cannot work as a driver for the resort -> suspend until he can get back his license

Article 17, Clause 1-6, Violations of regulations of cars and similar vehicles in the port area.

Question 3:

A hotel food and beverage director is presented with a bottle of rare and expensive wine as a Christmas gift from her linen vendor. Can she legally accept the gift without threatening her employment status?

- No benefit exchange for the current time - just a gift -> not a bribery/corruption yet -> that is legal.

- Scenario: big company: depend on Code of Conduct ( -> double-check the company's regulations to find out whether it is fine or not to receive the gift.

=> Based on  Article 22, Clause 2, the regulations and restrictions regarding gifts-giving under the Anti-corruption Law 2018.

Question 4:

A franchise restaurant owner receives a letter from her franchisor stating that the

"casual Friday" dress code policy recently adopted by the owner is in violation of the franchise agreement. Must the owner change her policy?

=> Based on the franchise agreement, she must change her policy -> not go against the commitment signed.

• Based on Article 284 Clause 1, Commercial Law 2005, the party has to stick to what they said in the agreement.

1. Đặng Quỳnh Mai - MSSV: 2312255028

2. Lê Như Phương - MSSV: 2312255046

3. Lê Thị Thanh Quỳnh - MSSV: 2312255053

4. Lê Thị Diệu Đan - MSSV: 2313255003

5. Nguyễn Hoàng Nhật Khánh - MSSV: 2313255008

GROUP DISCUSSION:

1) A restaurant guest is unhappy with the quality of service provided during his meal. He complains to the manager and angrily demands his money back, but his meal has been eaten. Is the guest legally entitled to a refund?

In this case, we have to base on that restaurant’s policy as each of the restaurants have their own rules. 

There are some cases that the restaurant do have to pay any refund for the customers in order to prevent the restaurant for some further worse consequences:

• The restaurant follows all the policy that they show publicity, they do not have to pay for any refunds. 

• The customers are the scammers, they told lies because they wanted to have a free meal or to earn some money from that restaurant.

However, in some situations, the restaurant has problems in services, the quality of the ordered food, and following the restaurant’s policy, the customer will have some refund.

There are some other specific cases that the majority of the restaurants will do some refund for maintain their reputation:

• The quality of the food is different compared to the description: For example, the meal has some disgusting insects inside, the taste or smell looks like it is gone off;

• If customers report the issue under given time after they receive the meal and their excuses are legitimate;

-> In these circumstances, the restaurant deals with it by exchanging other meals, giving some discount code or refund by a certain percentage. The way the restaurant deal will be based on the serious level of the situation. Especially, all the reported problems have to be checked carefully by the manager, the customers have to show clear, legit evidence if they want to entitle some refund.

2) A resort employee is arrested by the local police for driving under the influence of alcohol. He is employed by the hotel as a van driver, but was not on duty at the time of the arrest. Should the hotel suspend his employment?

There might not be precise legal guidelines governing whether the hotel should suspend the employee's position under these circumstances. The decision is probably shaped by a mix of the hotel's internal rules, legal factors, and the particular details surrounding the employee's arrest and duties:

The hotel might include particular clauses in the employee's contract or internal policies concerning behavior beyond work hours that could affect their job status. These clauses could cover matters like criminal conduct, compliance with laws, or actions that could harm the hotel's image. The hotel manager can base this on the decision.

The driver violated the regulations on alcohol concentration while participating in traffic according to the Law on Road Traffic in Vietnam, Decree No. 100/2019/ND-CP on administrative penalties for road and inland waterway traffic violations. In this case, the driver’s license will be taken away. Therefore, he cannot continue his driving job. However, the hotel can still provide him with another job. 

If the employment agreement doesn't specify that the employee can be suspended for violating the law outside of working hours or without harming the hotel's interests, it would be unlawful for the hotel to suspend the employee. In such a case, the employee would have legal grounds to seek compensation if suspended.

3) A hotel food and beverage director is presented with a bottle of rare and expensive wine as a Christmas gift from her linen vendor. Can she legally accept the gift without threatening her employment status?

According to the Definitions in Article 3.9 of “state organizations” and the subjects in Article 22.2, regulations on gift-giving under the Vietnamese Anti-Corruption Law 2018, prohibition of gift-receiving only applies to state organizations and office holders but not to non-state enterprises and organizations.

The subject of this case is a hotel food and beverage director, which does not fall into the category mentioned in the regulations and restrictions on gift-giving under the Vietnamese Anti-Corruption Law 2018. Therefore, she can accept the gift without threatening her employment status.

Instead, in order to properly examine the legality of her gift-receiving, the COC (Code of Conduct) needs to be checked beforehand.

4) A franchise restaurant owner receives a letter from her franchisor stating that the "casual Friday" dress code policy recently adopted by the owner is in violation of the franchise agreement. Must the owner change her policy?

First, the owner has to find out whether the "casual Friday" dress code violates the franchise agreement. They have to discuss to see if there is an obligation for employees to wear uniforms when working or just optional.

If it does not violate the franchise agreement, she can tell the franchisor to check again the decision. 

Every policy and agreement of an organization needs to have a tight collaboration with each other. The policy has to stick with what the owner signed in the franchise agreement. Therefore, if the policy of dress code is truly in violation of the franchise agreement according to the letter from the franchisor stating, the owner must definitely change her policy.

1. Bùi Tuấn Dũng: 2313255005

2. Nguyễn Nhật Huy: 2312255020

3. Nguyễn Quang Duy: 2312255012

4. Trịnh Quang Duy: 2312255013

5. Vũ Việt Dũng: 2312255011

6. Lê Đức Quang:2312255050

7. Huỳnh Lê Đình Trung: 2312255075

8. Ngô Gia Hiếu: 2313255017

Thành viên nhóm (8):

1. Võ Lâm Thanh Trúc - 2312255074

2. Nguyễn Thiên Trang - 2312255072

3. Lý Thanh Thảo - 2312255059

4. Nguyễn Mai Anh - 2312255005

5. Trần Tùng Chi - 2312255007

6. Nguyễn Xuân Nhi - 2312255039

7. Nguyễn Đỗ Khôi Nguyên - 2314255001

8. Dương Gia Lạc - 2312255025

   
   

Phan Nguyễn Anh Đào - 2311215002

Bùi Trần Minh Anh - 2312255003

Trần Lê Đan Phương - 2312255049

Nguyễn Lê Bảo Anh - 2311215001

Phan Thị Thanh Hiền - 2312255015

Q.1:

According to section 9, article 516, clause 2 of the civil code 2015, In case the service provider seriously violates its obligations, the service user has the right to unilaterally terminate the performance of the contract and request compensation for damages.

Now according to the situation, the customer only feel that the quality of the service is not up to his standard so the service provider did not seriously violates their obligation of serving the customer, more over the customer has already finish their meal thus ending the contract and so the provider has no more obligation to the customer. So in this particular case, the restaurant have no obligation to refund the customer.

Q.2:

According to section 7, article 408 of the civil code 2015,

1. In case right from the moment of conclusion, the contract has an object that cannot be performed, then this contract is void.
2. In case when entering into a contract, one party knows or should have known that the contract has an unperformable object but does not notify the other party, so the other party has entered into the contract, it must compensate for the damage. to the other party, unless the other party knows or should know that the contract has an unperformable object.
3. The provisions in Clause 1 and Clause 2 of this Article also apply to cases where a contract has one or more subject parts that cannot be performed but the remaining part of the contract is still valid.

So when the driver was caught driving while under the influence, his driver license will be confiscated thus making him unable to perform his obligation as in his contract with the hotel, therefor the hotel has the ground to suspend his employment until his driver license is returned.

Q.3:

According to the article 354 of the criminal code about talking bribery :

Any person who take advantages of position or authority, directly or through intermediaries, receives or will receive any of the following benefits for himself or herself or for another person or organization to do or not do something for his own benefit or at the request of the bribe giver

So according to this article when the director receive the gift, if the gift fiver didn't make a request in response for the gift then it is not count as bribery so there for she is allowed to receive the gift without worrying about her employment status.

Q.4:

First, the franchise owner have to check which part of the contract did the " casual Friday" broke and verify if it were true. If it was then the owner have to comply and change the policy fit the contract agreement. If not, she can negotiate with the franchiser to come to a new agreement regarding the dress code.