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Mô tả công việcThe USAID Saving Species project (USS) is seeking 2 Consultants (1 Consultant on Forestry and 1 Consultant on Law) to support the development of a Decree replacing the Decree No. 157/2013/NDCP dated 11/11/2013 of the Government of Vietnam (GVN) on the sanctioning of administrative violations in forest management, forest development, forest protection and forest product management.
In recent years, many laws related to the sanctioning of administrative violations in the forestry sector have been promulgated by the National Assembly such as the Penal Code 2015 (amended 2017) and Law on Forestry 2017. Therefore sub-law legal documents must be amended and supplemented to comply with the new laws, including the Decree No. 157/2013/NDCP dated 11/11/2013 of the Government on sanctioning of administrative violations in forest management, forest development, forest protection and forest product management (”Decree 157”) to ensure consistency in the legal system.
The implementation of the Decree 157 in reality has also exposed some difficulties, obstacles, inadequacies and legal gaps that need to be addressed, such as: some administrative violations related to forest management, forest development, forest protection and forest product management are not yet regulated in Decree 157; the authority of forest rangers in imposing sanctions is limited.
MARD promulgated Decision No.5612/QD-BNN-PC dated 29/12/2017 on the Plan for the development of Legal Documents in 2018, and the draft decree replacing decree 157 is on the Plan. The Forest Protection Department (FPD) is assigned by the General Department of Forestry to draft the Decree replacing Decree 157. Currently, the FPD has developed a frame of the draft Decree.
In order to finalize the draft Decree to submit to the Director General of Forestry, MARD and GVN for consideration and approval, 2 consultants are needed to support the development of the draft Decree.
This Consultancy will be supported by the USAID Saving Species (USS) project which is funded by United States Agency of International Development (USAID) and implemented by Tetra Tech in collaboration with the CITES Management Authority of Vietnam, Ministry of Agriculture and Rural Development (MARD) as the government counterpart. The project is designed to support Vietnam in preventing and terminating illegal trade of wild fauna.
2. Overall Goal and Objectives
- Overall Goal: Support to develop a Decree replacing the Decree 157.
. Abolish regulations that are in conflict with laws and other legal documents on forest management, forest development, forest protection and forest product management, with focus on the provisions related to wildlife;
. Revise regulations which are not relevant to reality;
. Supplement new regulations to comply with the law and be relevant to current practice.
3. Responsibility and tasks
• Synthetize field reports and reports on the results of administrative violation sanctioning in the fields of forest management, forest development, forest protection and forest product management
• Review all the legal normative documents that are related to sanctioning of administrative violations in the forestry sector such as the Penal Code 2015 (amended 2017), the Law on Forestry 2017, the Law on Biodiversity and other relevant legal documents then based on that propose regulations to be abolished, amended and supplemented in the Draft Decree replacing Decree 157 to comply with the relevant legal documents
• Study the regulations of some countries in the region to learn, to gain experience, and to apply appropriate regulations:
• Review and revise the draft Decree
• Develop and present reports, synthesize comments and opinions at the meetings/workshops on the development of the Decree replacing Decree 157, make feedback consolidation and response report on opinions on the development of the content of the draft Decree
4. Expected Results and Deliverables Schedule
4.1 Report containing the following contents:
• Evaluation report on 5-year implementation of the Decree No. 157/2013 / ND-CP dated November 11, 2013 stipulating the sanctioning of administrative violations in forest management, forest development, forest protection and forest product management. The report must contain the sanctioning figures for administrative violations during 5 years (2013 to 2018);
• A summary on difficulties during the implementation, particularly with regard to the management of endangered precious and rare wild animals; species listed in the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES);
• Recommendations to apply experiences of some countries in the region in handling violations of the management of endangered precious and rare wild animals and CITES species;
• A proposal on the provisions to be abolished, amended and supplemented in draft Decree to be relevant with reality and to ensure the consistency with other legal normative documents.
Deliverables Schedule: 31/8/2018
4.2 Presentations presented and explained in Workshops and Technical Meetings
Deliverables Schedule: At workshops and meetings (9/2018)
4.3 Report on feedback consolidation and response report, with a summary of comments and opinions
Deliverables Schedule: 3 days after workshop (9/2018)
4.4 Meeting minutes of 3 Technical Meetings
Deliverables Schedule: 3 days after meetings (9/2018)
4.5 Draft Decree replacing the Decree 157
Deliverables Schedule: 31/10/2018
5. Work plan
- Starting date: 1st August 2018.
- Ending date: When MARD submits the draft Decree replacing the Decree 157 to GVN for consideration and promulgation (expecting date 31st October 2018).
- Total working time for conducting the consultancy work: 110 days (8 hours per day)
The consultants will have to develop a consultancy work plan before starting the work.
Yêu cầu công việc6. Qualifications
• Consultant on Forestry
- Bachelor degree in Forestry or higher.
- A minimum of 15 years or more working in the forestry sector, preferably with experience in handling of administrative violations in the forestry sector
- Management involvement in forest sector, experience in drafting of laws, decrees relating to sanctioning administrative violations, circulars guiding the Law and Decrees in the forestry sector.
- Experience in working with state management agencies at all levels.
- Experience and skills in teamwork; ability in analyzing and synthesizing reports, consolidating feedback and responses on policy issues.
- Excellent presentation and legal document writing skills.
- Fluency in office computer skills.
• Consultant on Law
- Bachelor Degree of Law or higher, specialized in administrative and criminal law.
- Experience in working with state management agencies related to law development at all levels.
- Experience in consulting or participating in developing legal documents, preferably with experience in the forestry sector
- Experience and skills in teamwork; ability in analyzing and synthesizing reports, give consolidating feedback and responses on policy issues.
- Excellent presentation and legal document writing skills.
- Proficiency in English, fluency in office computer skills
Consultants shall report to PMU Director and USS Chief of Party.
8. How to apply
Applicants apply individually for Consultant on Forestry or Consultant on Law to conduct the Consultancy Service.
The successful candidates (Consultant on Forestry and Consultant on Law) then shall together work in a Team to take the responsibilities and fulfill the tasks as prescribed in the Part 3, to achieve the Overall Goal and Objectives of the Consultancy Service.
Application should include:
• A resume/curriculum vitae summarizing qualifications and experience relevant to the SOW including a list of previous similar consultancy work done.
• An application letter including an Outline of the work (how to do it).
Application should be sent via Vietnamworks with subject line of “Consultant for development of a Decree replacing the Decree 157” before 5 PM. Monday 23rd July 2018
Only shortlisted applicants will be notified.
Quyền lợi được hưởng- Attractive salary
- Social insurance, health insurance, unemployment insurance according to Labor Laws
- Professional, dynamic working environment
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