Terms of Reference Unified and Integrated Sea and Island Management Assignment 01 National Consultant Duration of Assignment From: September 2014 to: April 2015 Duty location Ha Noi Supervisor National Project Manager NREP 1. BACKGROUND AND CONTEXT Vietnam is located along the Vietnamese East Sea, with a coastline longer than 3260 km, internal waters over 4200 km², an exclusive economic zone over 3 times larger than its land area, and 2,779 near-shore islands covering 1.636 sq. km. Coastal areas comprise around 17% of the total area of the country, with 28 provinces/cities home to nearly 20 million people, and an average population density of 267 people per km², 1.2 times higher than the national average. Enabling management of these marine, coastal strip and island resources in an integrated and unified manner continues to be problematic. Vietnam's marine area covers over 1 million km2, with over 20 types of marine ecosystems supporting over 2,000 species of fish. Coastal and near-shore areas are rich in coral reefs ecosystem, sea grass beds and mangroves. However, 80% of Vietnam's coral reefs are endangered with 50% being critically endangered (WRI 2002). Moreover, in the Vietnam coastal zone, ecosystems are degraded and resources seriously depleted due to pollution, overfishing, urbanization, lack of intertidal planning, over-development of aquaculture, climate change impacts such as sea level rise and ocean acidification, and maritime transport pollution. Therefore, the Government has sought to apply an integrated and unified management approach to protect the marine natural resources and environment in order to achieve its goal of ensuring sustainable development. In 2007 the National Strategy for Viet Nam's Seas Towards 2020 was approved requiring the establishment of a government organization to manage the seas and islands in an integrated and unified manner. In March 2008, the Vietnam Administration of Seas and Islands (VASI) was established to implement this function. Piloting a integrated and unified management approach was first initiated with respect to the coastal zone. Viet Nam's coastal provinces and cities have been undergoing rapid economic growth over the past 10 years. Fifty percent of the major urban centers, which are inhabited by around a quarter of the country's population are located along the coastal areas. Coastal and marine waters contribute approximately 48 percent of the national GDP and about 80 percent of the fisheries catch and some 65% of artisanal fisheries. To manage the area more effectively for sustainable development, the Prime Minister issued Decision No. 158/2007/GD-TTg in October 2007 approving the Integrated Coastal Zone Management Program (ICZM) for North Central Region and Central Coastal Provinces until 2010 and Orientation towards 2020 (Project No. 158). On 6 March 2009, Decree No. 25/2009/ND-CP on Integrated Marine Resources Management and Environmental Protection of Seas and Page 1 Islands was issued by the Government. This Decree is considered a landmark instrument to advance policies and programs on ICZM in Viet Nam. The scaling up of ICZM in 28 coastal provinces is planned until 2020. Current efforts in ICZM cover about 13 percent of the 3,260-km coastline of the country, excluding islands. However, major challenges for ICZM being applied nationally in a sustainable manner and able to function successfully remain. The country lacks a national system on ICZM policy and laws. Administratively, collaborative mechanisms ensuring inter-sectoral involvement of key stakeholders in ICZM development and implementation continues to be limited. Incorporation of ICZM into national and provincial socio-economic plans is weak, and there is a lack of detailed guidance, while incorporation of climate change impacts into ICZM still remains to be done. The Government has made moves to address the lack of a law that could assist VASI to manage the seas and islands in an integrated and unified manner, and to apply ICZM nationwide. In 2013 the Prime Minister issued Decision No. 23/2013/QD-TTg to regulate coordination of management of natural resources and protection of the marine environment. The Decision promulgates purposes, principles, content and coordination of the implementation responsibility of the management of natural resources and the protection of the marine and island environment between the Ministry of Natural Resources and Environment with responsible ministries, agencies, organisations and the Committee of coastal provinces and municipalities. The purpose of the regulation is to establish a coordination mechanism, enhance accountability between levels, sectors and localities in the integrated management of natural resources and protection of the marine and island environment, in order to improve exploitation of resources and use resources more economically, protect the marine and island environment and ensure sustainable development. Principles underlying coordination are to ensure unified, inter-sector and inter-regional management, ensure efficient, clear division of responsibilities of each agency in the leading and coordination the implementation of integrated management of natural resources and to protect the marine and island environment. Specifically, the regulation: requires responsible agencies to coordinate to develop and implement legal documents, review and monitor the implementation of the legislation on integrated management of natural resources and protection of marine and island environments. establish and implement planning for resource exploitation and protection of marine and island environments such as survey and evaluation of natural and socio-economic conditions, collect consultation opinion, complete the planning of resource use and protection of the marine and island environment, and monitor the implementation of resource utilization plans and protection of the marine and island environment after approved by the authorities. coordinate to manage basic investigation activities of marine and island resources. prevent, control pollution, response and troubleshoot marine and island environmental problems with the following contents: Research, investigate, evaluate pollution level, determine the cause of the marine and island environment pollution. Page 2 This context includes developing coordination and implementation plans, preventive measures, treatment and remediation of pollution and environmental degradation, restoration and improvement of marine and island environmental quality, and efficient responses to environmental incidents and disasters in the sea and islands. public education to disseminate policies and legislation on resources and marine and island environment protection, to prevent island disasters on Vietnam’s coastal region, seas and islands, and to organize Vietnam’s marine and island week. specify agencies to coordinate international cooperation in the field of integrated management of natural resources and protection of the marine environment and offshore islands, including investigation and research of resources and the marine environment and offshore islands; application of science and technology for investigation and marine research, waste treatment, marine and island environmental remediation, responding to oil spills, and adapting to climate change. In 2014, the Strategy for Sustainable Exploitation and Utilization of Marine Natural Resources and Environment Protection until 2020 and Vision Toward 2030 was issued, and preparations begun for finalizing the Draft Law on Sea and Islands Resources and Environment for submission to the Prime Minister for approval. The current Draft Law includes separate chapters on integrated coastal zone management and integrated and unified management responsibilities of natural resources, environment and the sea islands. However the basic principle of managing the seas and islands in an integrated and unified manner as exemplified in ICZM, VASI’s core business, will need to clarified and codified, so as to inform and underpin the whole Law. Technical assistance is sought to engage a national consultant team to undertake a study to enable this to be done more effectively. 2. OBJECTIVE OF THE FULL ASSIGNMENT General Objectives Undertake a study to thoroughly review and analyze, in the light of international experience, the current status of existing policies, legal instruments and management system governing issues related to the management, use and exploitation of natural resources and environmental protection of seas and islands so as to better define and develop the scope and contents of the integrated and unified management approach to be adopted and mainstreamed into the Draft Law on Sea and Islands Resources and Environment. Specific objectives Specifically the study will review and assess the present state of the unified management of natural resources and protection of environment of coastal belt, seas and islands, including ICZM, in relation to both horizontal and vertical “integrated” aspect of management, and in respect of management tools and techniques. use international case studies as well as practical examples from previous coastal / marine initiatives in Vietnam to illustrate the barriers/constraints as well as tools and techniques which have promoted successful implementation of integrated approaches. Page 3 Recommend approaches/tools and techniques for strengthening cooperation and enhancing the effectiveness of integrated management of seas and islands and involve workshops at local and national level to validate the final findings. Assess institutional capacity and requirements for the integrated monitoring of coastal, sea and island resource use and environmental protection as stipulated in the draft Law. A National Consultant will be recruited to complement the overall objectives of the overall Study on “Unified and Integrated Sea and Island Management”, with a specific duty to look at the Impacts of some provisions of the newly drafted Law on Seas and Islands Natural Resources and environment. 2. SPECIFIC DUTIES AND RESPONSIBILITIES National Consultant (NC – Impact Assessment (IA) (40 days): National Consultant (NC – IA) shall: 1. Assist the NC TL in preparing the work plan and work collaboratively to ensure the success of the assignment, and take direction from the NC TL in carrying out the specific duties of the mission. 2. Assess the impacts of some proposed elements of integrated management of sea and island natural resources and environment. Based on the content on the draft law of the integrated management of sea and island natural resources and environment, issues to be assessed include: a) Viability of proposed strategy and masterplan for sustainable exploitation and use of natural resources of seas and islands; b) Obligations of organizations, enterprises and individuals in the exploitation and use of sea and island natural resources and protection of environment; c) Roles of institutions in the management of sea and island natural resources and environment d) Setting up of baseline and specific surveys and research programmes for monitoring of sea and island natural resources and environment; 3. The works of NC specified above shall assess, compare and prioritize alternatives of the above mentioned issues based on the main targets set by the National Strategy on Viet Nam’s Seas and Islands, using the following steps: a) Cooperate with Law Development Team to determine the alternatives for each issue, e.g. status quo vs. new alternative policy option.. b) Determine the method for assessing impacts of the alternatives for each issue; c) Cooperate with Law Development Team to collect data from different ministries, sectors, enterprises and other sources, and international experiences describing the alternatives; d) For each alternative, the impact assessment should be carried out by combination between quantitative and qualitative methods. Methods of quantitative assessment should be used to the maximum and impacts that cannot be assessed quantitatively must be described by the most correct qualitative method. Page 4 e) Conclusions to be drawn and reported , including cost and benefit analysis in order to propose the most suitable alternative. 4. Prepare presentations for workshops setting out findings and recommendations. 5. Prepare a draft report for the NC TL to use in preparation of the Final Report 6. Assist the NC TL to incorporate stakeholder comments and finalise the Report. 4. DELIVERABLES 1. Completion Report in Vietnamese and English including: a. A thorough review and analysis of the current status of existing policies, legal instruments and management system governing issues related to the management, use and exploitation of natural resources and environmental protection of seas and islands in relation to “integrated” and “unified” aspects of management. b. Framework for a more integrated and unified management approach appropriate for Viet Nam and for informing and developing the Draft Law on Sea and Islands Resources and Environment c. A review of international case studies and approaches to “integration” in coastal, sea and island management, that documents best practices and lessons learned for scaling up local application of ICZM in Viet Nam d. A review and ‘lessons learned’ evaluation of Viet Nam’s experience of applying ICZM, including Program 158 for the effective scaling up of ICZM to all coastal provinces in Viet Nam, and e. An assessment of the main proposed policy measures, including how collaborative mechanisms ensuring inter-sectoral involvement of key stakeholders in ICZM development and implementation may be improved. f. An assessment of how incorporation of ICZM into national and provincial socioeconomic plans could be strengthened g. An assessment of how ICZM could best incorporate climate change adaptation and mitigation efforts. h. A lessons learned evaluation and review of examples of integrated and unified management of natural resources and environmental protection in Viet Nam in general that could better inform application of an integrated and unified resource management approach for coastal, sea and island resources. i. A conceptual, practical and management assessment of proposed elements of “integration” to provide guidance for implementing an integrated and unified resource management approach for coastal, sea and island resources. Page 5 Summary outputs No Expert 1 NC TL Outputs 1. A thorough review and analysis of the current status of existing policies, legal instruments and management system governing issues related to the management, use and exploitation of natural resources and environmental protection of seas and islands in relation to “integrated” and “unified” aspects of management protection. 2. A framework for a more integrated and unified management approach appropriate for Viet Nam and for informing and developing the Draft Law on Sea and Islands Resources and Environment 3. Presentations to workshops setting out findings and recommendations. 4. Final Report in Vietnamese and English 2 NC - ICZM 1. A review of international case studies and approaches to “integration” in coastal sea and island management, that documents best practices and lessons learned for scaling up local application of ICZM in Viet Nam. 2. A review and ‘lessons learned’ evaluation of Viet Nam’s experience of applying ICZM, including Program 158 for the effective scaling up of ICZM to all coastal provinces in Viet Nam and administrative assessment of ICZM with respect to collaborative mechanisms, incorporation of ICZM into national and provincial socio-economic plans, and climate change impacts. 5. Presentations to workshops setting out findings and recommendations. 6. Draft Final report for presentation in final workshop. Page 6 3. Final Report in Vietnamese and English. 3 NC – M&E 1. A ‘lessons learned’ evaluation and review of proposed elements of integrated and unified management of natural resources and environmental protection in Viet Nam, that could better inform application of an integrated and unified resource management approach for coastal, sea and island resources. 2. A conceptual, practical and management assessment of proposed elements of “integration” to provide guidance for implementing an integrated and unified resource management approach for coastal, sea and island resources. 7. Presentations to workshops setting out findings and recommendations. 4. Final Report in Vietnamese and English. 5. METHODOLOGY The NC TL is responsible for developing the proposed methodology and approach to successfully complete all tasks/assignments given in this TOR. The work plan indicating time schedules and date of outputs to be submitted by the NC TL must be approved by the PMU before starting work. . The NC TL and NCs shall be supplied with all necessary documents by the PMU and will be introduced to all concerned parties as required in order to fulfil their responsibilities on schedule. The NC TL and NCs shall be required to present the findings/results to relevant agencies/parties in meetings organized by the PMU. The Project Manager will be the overall supervisor for these assignments, and each local expert will report to him/her. The NC TL will be responsible for all Consultant coordination activities with the PMU. 6. TIME AND DURATION Working duration: from September 2014 to April 2015 Submission date of Draft Report: February 2015 Submission date of Final Report April 2015 7. QUALIFICATIONS National Consultant – Team Leader Education: Page 7 - Minimum of University degree in marine resource management, environmental science or related field. Master/Doctor degree preferred. Experience and Competencies: - Minimum 10 years experience in managing marine resources in Viet Nam. - Sound knowledge and experience of the system of local administration and practical implementation of marine resource management and environmental protection policies in Viet Nam. - Good contacts in key Government agencies in charge of marine resource management and environmental protection. - Knowledge or experience of the application of an integrated and unified approach to marine resources and environmental protection in other countries an advantage. - Experience working in international donor-funded projects an advantage. Language - Good oral and written communication skills Other Desirable skills: - Adequate computer literacy - Good interpersonal and presentation skills. National Consultant - ICZM Education: - Minimum of University degree in marine resource management, environmental science or related field. Master degree preferred. Experience and Competencies: - Minimum 5 years experience in managing coastal and/or near-shore marine resources. - Sound knowledge of ICZM issues and programmes in Vietnam, including activities of Program 158. - Good appreciation of the full range of multi-stakeholder and multi-sector involvement in the management and/or use Viet Nam’s coastal resources. Language - Good oral and written communication skills Other Desirable skills: - Adequate computer literacy - Good interpersonal and presentation skills. National Consultant – IA Education: - Minimum of University degree in marine resource management, environmental science or related field. Master degree preferred. Experience and Competencies: - Minimum 5 years experience in managing coastal and/or near-shore marine resources. - Sound knowledge and experience in monitoring and evaluation, use of indicators and target-setting. - Experience in monitoring and evaluation to assess progress in managing marine resources and advantage. - Good contacts in key Government agencies in charge of marine resource management and environmental protection. Language - Good oral and written communication skills (both Vietnamese and English) Page 8 Other Desirable skills: - Adequate computer literacy - Good interpersonal and presentation skills. Page 9