FOREIGN TRADE UNIVERSITY
CAMPUS IN HCMC
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FINAL ESSAY
Introduction to Law
Name: Lê Bình Ngọc Nhi
Class: K61CLC5
ID: 2212155159
Teacher: Mr. Trần Thanh Tâm
Grade (in number)
Grade (in words)
Examiner 1’s signature
Examiner 2’s signature
Invigilator 1’s signature
Invigilator 2’s signature
TP.HCM, December 13, 2022
TABLE OF CONTENT
TABLE OF CONTENT………………………………………………………………………….p.1
INTRODUCTION…………………………………………………………………….…………p.2
CONTRACT……………………………………………………………………………………..p.3
Legal entity………………………………………………..……………………………..p.3
Rejection………………………………………………………………………………....p.4
CONCLUSION………………………………………………………………………………….p.6
REFERENCE…………………………………………………………………………………....p.7
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INTRODUCTION
Mr Duc Trang, who has developed an app to help Vietnamese teachers and students in teaching
and learning mathematics, is attempting to host his product on Google Play and Apple Store
platforms, which are under the possession of Google and Apple, respectively. Moreover, he also
has a plan to establish a company to commercialize this app and make a contract with the
Ministry of Education in order that every students in Vietnam have abilities to access this app.
However, at present, his major and main concern is what are essential aspects that he should be
careful in the contractual arrangement with Google and Apple. To address his concern, this report
researched Terms, Conditions and Agreements of both Google and Apple, and Vietnam Law
including Civil Code 2015, Cybersecurity law 2018, Vietnam Constitution, Intellectual property
law 2005 and found out two critical requirements that Mr Trang has to pay attention before
entering into contract with these two big platforms. In addition, Mr Duc Trang has to register to
be a member of Apple and Google developer program if he wants his mathematics app hosting on
these application hosting platforms.
CONTRACT
2
Legal entity
If Mr Duc Trang still decides to set up a company, which means that he will enrol as an
organization, he has to be sure that he has two important things Legal entity status and Legal
binding authority before entering the contract with Apple.

For Legal entity status, Apple Store does not allow these kinds of companies which are
DBAs, fictitious businesses, trade names, and branches to enter a contract. As a result, Mr
Duc Trang has to ensure his type of his business when he registers

For Legal binding authority, Mr Duc Trang must have the legal authority from Vietnam
Government to bind his organization to legal agreements, which means that he has to
register his operation in order to “arise his civil legal capacity of the legal entity”
(Vietnam Civil code, 2015, clause 2 of article 86) before making a contract with Apple,
according to clause 2 of article 86 of Vietnam Civil code 2015. “The civil legal capacity
of a legal entity arises from the time when it is established or permitted to be established
by a competent State authority; where registration of operation of the legal entity is
required, the civil legal capacity of the legal entity arises from the time of entry into the
register.” (Vietnam Civil code, 2015, clause 2 of article 86)
On the other hand, if Mr Duc Trang does not set up a company, he can enrol Apple
developer program as an individual without a legal entity.
While Apple Store requires legal entity of organization registration, Google Play does not
need any legal entity to be in the Google developer program membership, whether you are an
organization or not.
Rejection
3
Nowadays, it is obvious that people around the world use Google Play and Apple Store to
access a number of apps, and games every day. Therefore, these application hosting platforms
have to manage tightly and strictly the content of the apps before publishing on their platforms.
As a result, it is undoubtable that Mr. Duc Trang’s app may be rejected from these platforms, so
he needs to review his app before sending it to Google and Apple. Also, these are two vital and
inappropriate contents that are prohibited in both platforms:

Child Endangerment: the main target users or customers of Mr Duc Trang’s mathematics
app are secondary students. Moreover, Mr Trang also planned to enter a contract with the
Vietnam Ministry of Education in order that all Vietnamese students have ability to
access, so it is essential for him to check his app carefully, leading to strictly obey the law
that Mr Duc Trang has to control the information of the information system and service
before providing to students, who are easily vulnerable and influenced by external
aspects. This will result in a contrary to the original wish of Mr Duc Trang which is
helping teachers and students in learning and teaching methods of mathematics. In
addition, clause 2 of article 29 of Law on Cybersecurity said that “Information system
administrators and cyberspace service providers are responsible to control information
on [their] information systems or on services provided by them, in order not to cause
harm to or mistreatment of children or infringing children's rights; and to block the
sharing of and to delete information the contents of which may cause harm to or mistreat
children or infringe their rights; and [are responsible to] promptly notify and co-ordinate
with the CTF under the Ministry of Public Security for resolution”

Objectionable Content: Both Apple Store and Google Play do not allow any objectionable
content that involve discriminatory, bullying, violence, offensive, insensitive, mean-spirit
content, sexual content and ones that Vietnam law are banned in article 16 of Law on
Cybersecurity 2018

Worse privacy policy or data security: With reference to Vietnam Constitution, “1. Every
one is entitled to the inviolability of personal privacy, personal secrecy and familial
secrecy; and has the right to protect his or her honor and prestige. Information regarding
personal privacy, personal secret and familial secrecy is safely protected by the law. 2.
Every one enjoys the secrecy of correspondence, telephone, and telegrams, and other
forms of exchange of personal information. 3. No one is allowed to open, control, and
confiscate contrast to the statute other’s correspondence, telephone, telegrams, and other
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forms of exchange of personal information.” (Vietnam Constitution, 2013, article 21).
This means that Mr Duc Trang has to have a link to Play Console of Google and Apple
Store Connect of Apple in his app so that users can easily access. Moreover, this
mathematics app must apply appropriate security measures to ensure that personal user
data is not accessed and disclosures by the app and third parties. If the app plans to share
user data with any third parties, this app has to notice with user and make sure that the
third parties also provide the same protection of data user.

Intellectual property: According to Conditions and Terms of Google and Apple, these two
platforms do not allow any apps that use contents including pictures, music, trademark,
etc not belonging to you and without permission or license. If you infringe this human
right, both Google and Apple will remove the app. In addition, you also break the law
which is Vietnam Intellectual property law “To recognize and protect intellectual
property rights of organizations and individuals on the basis of harmonizing the interests
of intellectual property right holders and the public interest; not to protect intellectual
property objects which are contrary to social ethics and public order or which harm
national defence and security” (Vietnam Intellectual property law, 2005, article 8)
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CONCLUSION
There are a myriad of critical elements in contractual arrangements with Google and Apple
platforms that Mr Duc Trang needs to pay attention to before making a contract. This report has
handled his consideration via providing him the two important-mentioned information which are
legal entities and rejection aspects of Google Play and Apple Store. Moreover, through this
report, Mr Duc Trang has more knowledge about his rights and obligations in the Apple and
Google developer program which he needs to enter in the membership in order to upload his
mathematics app on these two platforms, resulting in gaining more profit and revenue.
From my perspective, I recommend Mr Duc Trang should:

Establish a company to go commercial this mathematics app since this app can turn
into a profit-making application. This leads to the fact that Mr Duc Trang will have
enough revenue to develop this app.

Employ a professional lawyer, especially who is majoring in global economy law.
Considering that this person has experienced in this kind of fields in a long term,
he/she can give Mr Duc Trang better suggestion about his mathematics app in making
a contract with Vietnam Ministry of Education, and application hosting platform, such
as Google Play and Apple Store, leading to the fact that Mr Duc Trang has ability to
protect his rights and completely fulfil his obligation. In addition, a lawyer can also
help him to reduce the time waiting for the platform to decide to submit his app
because he has already completed his duty in the contract.

Register the copyright and trademark of his mathematics app so that his app can be protected
by Intellectual property law regarding clause 1 of article 8 of Intellectual property law.
REFERENCE
The National Assembly, (2015), Civil Code
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https://thuvienphapluat.vn/van-ban/Quyen-dan-su/Bo-luat-dan-su-2015-296215.aspx
The National Assembly, (2018), Cybersecurity Law
https://thuvienphapluat.vn/van-ban/Cong-nghe-thong-tin/Luat-an-ninh-mang-2018351416.aspx
The National Assembly, (2005), Law on intellectual property
https://thuvienphapluat.vn/van-ban/So-huu-tri-tue/Luat-So-huu-tri-tue-2005-50-2005QH11-7022.aspx
Before You Enroll - Apple Developer Program. (n.d.). Retrieved from
https://developer.apple.com/programs/enroll/
Developer Program Policy - Play Console Help. (n.d.). Retrieved from
https://support.google.com/googleplay/android-developer/answer/12971372?hl=en
Apple - Terms and Conditions of Apple APPLE OPERATIONS LTD. PURCHASE AGREEMENT
PURCHASE ORDER TERMS AND CONDITIONS THIS PURCHASE AGREEMENT – Apple
Operations LTD. (n.d).
https://www.apple.com/legal/procurement/docs/VN_TERMS_COND-0204.pdf
Google - Terms and Conditions of Google DEVELOPER DISTRIBUTION AGREEMENT (Date
accessed: 13/12/2022) - Google Play. (n.d.).
https://play.google.com/intl/ALL_vn/about/developer-distribution-agreement.html
Agreements and Guidelines - Support - Apple Developer. (n.d.). Retrieved from
https://developer.apple.com/support/terms/
Developer Policy Centre. (n.d.-c). Retrieved from
https://play.google.com/intl/en-GB/about/developer-content-policy/
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