TERMS OF REFERENCE INTERNATIONAL SYSTEMATIC REGISTRATION CONSULTANT 1. Project Background The general objective of the Complementing EU Support for Agricultural Restructuring project is to facilitate market-based farm restructuring through enhancing the ability of farmers, farm family members and farm workers to manage their assets and income. Under this overarching objective, the project will assist the Government of Romania (GOR) in completing the property title registration of land assets in rural areas to improve the security of land property rights and reduce transaction costs on rural land markets. The objectives of the project include: Assist the GOR in improving the delivery of guidance services that enable the agricultural population to more sustainably manage its income and assets and thus contribute to the absorption of available national and EU support programs, Improve the property rights security, Endow owners and users of rural land with legal proof of ownership or operatorship, Contribute to an enhanced functioning of rural land markets, Standardize the processes for sporadic and mass registration. The Project has three components: (1) a land administration component supporting capacity building to conduct systematic adjudication in selected areas, upgrade and register land records in the existing registration and cadastre system; (2) a component supporting the development of socio-economic guidance services and their provision to the agricultural population, and (3) a policy, strategy and management component, supporting project management and policy analysis activities. The Land Administration Component is implemented by National Agency for Cadastre and Land Registration (ANCPI), subordinated to the Government of Romania, through Project Management Department (DMP). ANCPI also implements part of Policy, Strategy and Management Component. The specific target of the Land Administration Component is to achieve the systematic registration of the immovable properties in 91 selected administrative-territorial units, from 16 counties. The main activities of the process include: - - the identification, description and registration of the immovable properties in the land registration documents, their measurement and representation on cadastral plans and the data recording in digital formats; the identification and registration of all immovable holders, for the registration in the land books. 2/5 The process includes the achievement of several stages such as: preliminary works consisting in the analysis of the existing data on real estates, the information of the citizens during the local awareness campaign, the performance in the field of the technical works, the integration of the new data collected and achievement of the technical documents of cadaster, public display of results and complaints solving, update of documents and finally, opening of new land books. The Systematic registration process is achieved by the participation of several actors: private contractors, municipalities, cadaster and land registration offices (OCPIs), county prefecture, ANCPI, public institutions, local citizens. A full description of the Project is provided in the World Bank's "Project Appraisal Document" (PAD) document. The PAD is considered a part of the necessary background material to be understood by the Consultant. For more details regarding the PAD, please see the following web-link: http://www.worldbank.org.ro/external/projects/main?pagePK=64283627&piPK=73230&theSite PK=275154&menuPK=287326&Projectid=P100638 The Systematic registration project started in February, 2011, with a pilot stage including 19 UATs from 13 counties. Based on the experience learned in the pilot project, ANCPI extended in May, 2012, the systematic registration works in other 31 UATs. An expert selected on the basis of professional qualifications and experience is to be engaged to prepare the analysis of the current framework of systematic registration process and the framework proposal for improving systematic registration process. 2. Objectives The objective of the assignment is to elaborate an analysis of the current framework of systematic registration process and a framework proposal for improving systematic registration process. The main objectives of the assignments are to analyze the current framework (involving the analysis of the legal framework, the current systematic registration process, the stakeholders, the risks, etc.) and based on these results to elaborate a proposal for a new framework for systematic registration process in line with “Best Practice” in this field. The Consultant will visit communas included in the systematic registration project where relevant activities for this study were conducted or are currently underway. ANCPI will make available all existing relevant reports, including laws, regulations that are relevant to the assignment and will provide access to ANCPI officials for interviews and questions etc. 3. Scope of Work and Tasks The Consultant will elaborate “The analysis of the current framework of systematic registration process and the framework proposal for improving systematic registration process”. The analysis of the current framework of systematic registration process will include: Systematic registration legal framework analysis (laws and regulations) The first phase of the assignment should encompass an assessment by the Consultant of the relevant existing legal frameworks regarding systematic registration process. 3/5 Given that the law nr.7/1996 was recently updated, it is necessary to analyze whether current changes in the law are sufficient for the systematic registration process to take place in optimal conditions, or it is needed a new update of the law. Current systematic registration process analysis The Consultant will analyze the current systematic registration process, based on the practical results of the CESAR project. Analysis of Town Hall’s involvement in the process The Consultant will analyze the requirements and the needs, as well as the resources of the Town Hall that could be involved in the project. Systematic registration risks analysis The Consultant will conduct a risks analysis of the project including technical, legal, operational and social issues. The Consultant will have to evaluate the capacity of the Mayoralties and the Contractors to involve the vulnerable groups in Systematic Registration process and propose improvement solutions. Systematic registration cost analysis The Consultant will conduct a cost analysis of systematic registration process, based on contracts that are currently underway and the new provisions of the Law no 7 implementation.. The analysis will also include all other aspects considered relevant by the Consultant. The framework proposal for improving systematic registration process will include: Proposal to update the current technical specifications The Consultant will make proposal to update the current technical specifications, based on the laws in force, proposal for the changes needed in the framework, in the management of contracts, etc. Also the Consultant will propose an operational setup for systematic registration process at central, local and project organization level. The report will also include recommendations regarding other aspects considered relevant by the Consultant for improving the systematic registration process. Budget estimation The Consultant will estimate the necessary budget for rolling out the systematic registration process at national level with respect of the new provisions of the Law no 7 implementation. The study will conclude with a section detailing recommendations and conclusions which are to be considered by the Romanian authorities. This will explicitly make recommendations in line with Best Practice in the field. 4. Language Official language for the assignment shall be English. All materials and reports produced by the consultant under this contract shall be made available to the Client in hard copy and digitally in MS Word. 5. Work Products 4/5 5.1. The Consultant will be required to present a short work schedule to be agreed with the client at the start of the consultancy. This will identify the communas to be studied, the groups to be interviewed, the existing materials and the time schedule of the assignment. 5.2. During performance and after completion of the tasks mentioned above under chapter 3. Scope of Work and Tasks, the Consultant will produce a document regarding “The analysis of the current framework of systematic registration process and the framework proposal for improving systematic registration process”. 5.3. The Consultant will make a presentation to the ANCPI of the draft report, as agreed in the work schedule. The ANCPI will comment on the presentation and provide written feedback to the consultant within five working days. 6. Period of Performance The work will have to be completed approximately 30 working days over a period of 3 months from the contract signing by both the ANCPI and the Consultant. The work will require two up to three trips to Romania. 7. Professional Expertise Required In order to fulfill the assignment it is necessary to hire the services of an individual consultant with a proper professional expertise and background as follows: Mandatory qualifications: Academic degree or an advanced (postgraduate) academic degree in land registration/ land administration/ cadastre, land law or a similar subject area is required; An advanced knowledge of various land administration systems; Experience in systematic registration projects within the last 5 years; Good communication skills with fluency in English, in particular with the view of drafting reports. Qualifications considered as an advantage: Experience in carrying out similar assignments. 8. Client Project Manager The director of ANCPI - DMP will act as the Project Manager on behalf of the Client. 9. Reports and deadlines for submissions The report under Work Products (Chapter 5) above will be submitted to the DMP Director, Mr. Victor Grigorescu, within five working days from the end of the task according to the schedule under Chapter 6 above. The report will be delivered in one hard copy and one electronic copy. They will be commented on by ANCPI within five working days of their reception. The final version incorporating ANCPI comments will be submitted within five days after receiving the comments. When there are no comments or all comments are addressed, within 2 working days, the ANCPI Project Manager will issue an Acceptance Certificate for the final version of the report. 10. Place of the Mission 5/5 National Agency for Cadastre and Land Registration (ANCPI), Bucharest, Romania. 11. Other provisions Office space and Internet access will be provided during normal Romanian working hours by ANCPI.