Government of Viet Nam - United Nations Development Programme
PROJECT
“Strengthening Access to Justice and Protection of Rights in Viet Nam”
TERMS OF REFERENCE
TITLE:
National experts to carrying assessment of practice of legal
cooperations with foreign partners and the coordination of these
activities for amending and supplementing Decree No.
78/2008/ND-CP.
PROJECT
Project “Strengthening Access to Justice and Protection of Rights
in Vietnam (Project 58492)
COUNTRY OF
ASSIGNMENT:
Vietnam
I. THE BACKGROUND
In recent times, along with the process of innovation and promoting international
and regional intergration, legal cooperation with foreign partners have been growing.
Staring with activities of individual legal cooperation with foreign partners in the form
of assisting to organize seminars, workshops or conduct some studies that have been
expanded both in scope and form, the partner agencies, as well as Vietnamese agencies
participating and benefiting from the cooperational activities. In addition, the contents of
these activities have gradually deepened.
For the purpose of managing activities of legal cooperation, avoiding duplication
and overlaping, as well as improving the effectiveness of foreign aids, Decree No.
78/2008/ND-CP of July, 17, 2008 on management of legal cooperation with foreign
partners was issued .
After 5 years of implementation, when new requirements for the current stage of
development of Vietnam and international situation are challenging, the amendment and
supplementation of Decree No.78/2008/ND-CP have becoming absolutely urgent. As
the assignment from the Government in 2013, Ministry of Justice will be responsible for
hosting and coordinating with relevant agencies to do research for the amendment of
this Decree. Therefore, on the basis of the assessment on practice of activities of legal
cooperation with foreign partners and the coordination of these activities, the proposals,
recommendations amending and supplemeting this Decree should be necessarily
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Văn phòng Dự án: Bộ Tư pháp, 60 Trần Phú, Hà Nội, Việt Nam
Điện thoại: 84-4-37340104, 84-4-37345284, 84-4-37345670
Fax: 84-4-37340104, 84-4-37345284
Thư điện tử: project58492.vn@undp.org
Government of Viet Nam - United Nations Development Programme
PROJECT
“Strengthening Access to Justice and Protection of Rights in Viet Nam”
provided for improving the quality of these activities, contributing to improve the
foreign aid effectiveness and avoid duplication and overlaping.
Because of the importance of those matters above, the 2013 Working Plan of the
Project “Strengthening Access to Justice and Protection of Rights in Vietnam” funded
by UNDP proposed activity assisting Ministry of Justice (International Cooperation
Department-ICD) in assessing on practice of activities of legal cooperation with foreign
partners and the coordination of these activites in recent times. Those proposed activities
will be conducted through 04 independent national consultants hired to develop research
reports and a commenting workshop for completion of first draft of these reports held.
II. OBJECTIVES
The objective of this activity is to assist the Ministry of Justice in assessing on
practice of activities of legal cooperation with foreign partners and the coordination of
these activities in recent times. On this basis, the proposals and recommendations for
improving of these activities, as well as supporting the amendment and supplementation
Decree No.78/2008/ND-CP of July, 17, 2008 on management of legal cooperation with
foreign partners should be provided.
III. THE SCOPE AND CONTENTS
- To make full and detailed statistics on activities of legal cooperation with
foreign partners in the period from 2008 to the present, including activities of
cooperation within the framework of programs, projects and non-project activities.
- To assess the effectiveness of legal cooperations with foreign partners in terms
of benefits, impacts and sustainability. In addition, the disadvantages or difficulties and
the causes of these problems should be clearly specified.
- To assess the coordinating practice of legal and judicial cooperations with
foreign partners in terms of advantages, disadvantages or difficulties, as well as the
causes of these problems.
- To assess the compliance with the provisions of Decree No.78/2008/ND-CP
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Văn phòng Dự án: Bộ Tư pháp, 60 Trần Phú, Hà Nội, Việt Nam
Điện thoại: 84-4-37340104, 84-4-37345284, 84-4-37345670
Fax: 84-4-37340104, 84-4-37345284
Thư điện tử: project58492.vn@undp.org
Government of Viet Nam - United Nations Development Programme
PROJECT
“Strengthening Access to Justice and Protection of Rights in Viet Nam”
- To provide the proposals and recommendations for overcoming the
disadvantages, supporting the amendment and supplementation of Decree
No.78/2008/ND-CP.
IV. OUTPUT
1. Overall report on assessment on practice of activities of legal cooperation with
foreign partners and the coordination of these activities, the proposals and
recommendations provided.
The overall reports should consist of contents mentioned in Section III of this
TOR.
The overview reports should be at least 30 pages in length (excluding the Annex).
2. Summary report should be about from 12 pages to 15 pages in length.
The reports above should be made in both English and Vietnamese.
V. THE PLAN OF IMPLEMENTATION
ACTIVITIES
TIME
RESPONSIBILITY
Complete TOR
End of 8 / 2013
UNDP, PMU, ICD
Recruit Consultants and sign contracts
with selected consultants
Mid of 9 / 2013
ICD, PMU
Develop first draft of the report
9 - 10 / 2013
National
consultants
Organize seminar to get opinions on the
comprehensive report
10 / 2013
ICD, PMU, national
consultants
Revise, complete the comprehensive
report basing on the opinions of experts,
PMU and UNDP
11 / 2013
National
consultants, ICD
The timeframe may be adjusted with consensus from PMU and UNDP.
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Văn phòng Dự án: Bộ Tư pháp, 60 Trần Phú, Hà Nội, Việt Nam
Điện thoại: 84-4-37340104, 84-4-37345284, 84-4-37345670
Fax: 84-4-37340104, 84-4-37345284
Thư điện tử: project58492.vn@undp.org
Government of Viet Nam - United Nations Development Programme
PROJECT
“Strengthening Access to Justice and Protection of Rights in Viet Nam”
There will be four legal experts for the assignment (including one Team leader)
with 17 working days for team member and 22 working days for team leader from Sept
- Nov 2013.
VI. REQUIREMENTS OF NATIONAL EXPERTS
6.1. Team leader:
- To have a Master's degree in law
- To have at least 10 years’ professional experience in the field of legal
cooperation with foreign partners
- To have experience of working in/with Vietnamese state agencies
- To have leadership, team management skills, presentation skill
- To use computer well
- To be fluent in English
6.2. Team members
- To have a Bachelor’s Degree in law
- To have At least 7 years’s experience of working in the field of legal
cooperation with foreign partners
- To be able to work in group and do research independently.
- To use computer well
- To be fluent in English
VII. THE TASKS AND ASSIGNMENT FOR NATIONAL EXPERTS
1. The team leader (the first expert of team) :
- To be responsible for the quality and progress of overall report; discuss with
other members for completing the overall report; and regularly make report on the work
progress to the Sub-component (International Cooperation Department), PMU and
UNDP.
- To build an implementing plan and detailed outline of overall report .
- To synthetize and complete the overall report based on the approved outline.
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Văn phòng Dự án: Bộ Tư pháp, 60 Trần Phú, Hà Nội, Việt Nam
Điện thoại: 84-4-37340104, 84-4-37345284, 84-4-37345670
Fax: 84-4-37340104, 84-4-37345284
Thư điện tử: project58492.vn@undp.org
Government of Viet Nam - United Nations Development Programme
PROJECT
“Strengthening Access to Justice and Protection of Rights in Viet Nam”
- To take the lead and coordinate with other team members to review, edit and
complete the draft overall report, based on aquiring comments of ICD, PMU and
UNDP.
- To attend and present at the Workshop on giving comments on the draft overall
report.
2- The second expert of team will be responsible for:
- To synthetize and then make a report about practice of activities of legal
cooperation with the foreign partners in the ministries at the central level (including
assessment on the quality of cooperation and compliance with provisions of Decree
No.78/2008/ND-CP, the proposals and recommendations provided).
- To make report on the work progress to and discuss with leader team about
professional issues for ensuring the compatibility with other research reports and overall
report.
- To provide comment on the implementation plan, the report’s outline and the
overall report.
- To attend and present at the Workshop on giving comments on the draft overall
report.
3- The third expert of team will be responsible for:
- To generalize and make a report about practice of activities of legal cooperation
with foreign partners in local agencies (including assessment on the quality of
cooperation and compliance with provisions of Decree No.78/2008/ND-CP, the
proposals and recommendations provided).
- To make report on the work progress to and discuss with leader team about
professional issues for ensuring the compatibility with other research reports and overall
report.
- To provide comment on the implementation plan, the report’s outline and the
overall report.
- To attend and present at the Workshop on giving comments on the draft overall
report.
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Văn phòng Dự án: Bộ Tư pháp, 60 Trần Phú, Hà Nội, Việt Nam
Điện thoại: 84-4-37340104, 84-4-37345284, 84-4-37345670
Fax: 84-4-37340104, 84-4-37345284
Thư điện tử: project58492.vn@undp.org
Government of Viet Nam - United Nations Development Programme
PROJECT
“Strengthening Access to Justice and Protection of Rights in Viet Nam”
4- The forth expert of team will be responsible for:
- To synthetize and make a report about practice of coordination of legal
cooperation with foreign partners, the proposals and recommendations provided.
- To make report on the work progress to and discuss with leader team about
professional issues for ensuring the compatibility with other research reports and overall
report.
- To provide comment on the implementation plan, the report’s outline and the
overall report.
- To attend and present at the Workshop on giving comments on the draft overall
report.
VIII-COORDINATION AND MANAGEMENT
- Team Leader of Consultants will be responsible for the quality and progress of
work under the supervision and assessment of the ICD, Project Manager Unit (PMU)
and UNDP.
- Consultant team will report frequently on the working progress to the ICD. In
case of emergency, the ICD, PMU, UNDP shall have the right to ask the consultant to
report on related contents and progress.
- The ICD shall be responsible for overall progress control of the Report; to give
opportunities for performing the work under the regulations of TOR and the Contract; to
arrange their staffs and time to work with the consultant team in accordance with the
given progress and the request of the consultant team as necessary; to give their
opinions to the Report Outline and the draft Report.
IX- PAYMENT
The national consultants will be issued a short term contract by the Project 58492
(according to UNDP guidelines and rules) for a maximum of 17 working days (for team
member), 22 working days (for team leader).
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Văn phòng Dự án: Bộ Tư pháp, 60 Trần Phú, Hà Nội, Việt Nam
Điện thoại: 84-4-37340104, 84-4-37345284, 84-4-37345670
Fax: 84-4-37340104, 84-4-37345284
Thư điện tử: project58492.vn@undp.org
Government of Viet Nam - United Nations Development Programme
PROJECT
“Strengthening Access to Justice and Protection of Rights in Viet Nam”
The ICD shall be responsible for recruitment of national experts with the
assistance of PMU and UNDP; make payment for national experts and workshop in
accordance with provisions of HPPMG and cost norm.
Payment for national experts will be as follows:
- An advance 20% of the total contract value will be paid to the consultants after
submission of detail outline of the Report.
- 2nd payment of 40% total contract value will be paid upon submission of first
draft of the Report.
- Final payment of 40% total contract value will be paid upon ICD, PMU and
UNDP acceptance of final outputs set out in Item IV of this TOR.
X- NOTICE
All materials and data obtained from this work are achievements of the Ministry of
Justice and UNDP, nobody can use without permissions of these two organisations.
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Văn phòng Dự án: Bộ Tư pháp, 60 Trần Phú, Hà Nội, Việt Nam
Điện thoại: 84-4-37340104, 84-4-37345284, 84-4-37345670
Fax: 84-4-37340104, 84-4-37345284
Thư điện tử: project58492.vn@undp.org