Consultancy to Develop an Analysis on International Cooperation in MLA between Viet Nam and Mozambique

Consultancy advertisement

Position:

Short-term consultancy

Scope of work:

Develop an analysis on international cooperation in MLA between Viet Nam and Mozambique

Location(s):

Email/Virtual

I.          Background: 

Mutual legal assistance (MLA) in criminal matters is an international legal procedure to handle criminal cases with foreign elements in fighting against transnational crimes, including wildlife crimes. The prosecuted agencies cooperate and support each other in   collecting and providing information, evidence, testimonies and other relevant documents... on the basis of international convention and domestic law.

Criminal cases involving foreign elements that are handled by Vietnamese procedure-conducting agencies and which have arisen requests for mutual legal assistance sent abroad must strictly comply with the Criminal Procedure code's regulations on procedural time limits. However, in reality, MLA request to foreign countries (including African countries - where there are many wildlife-related criminal syndicate) faces many difficulties such as: cooperation goodwill; it take long time from sending to receiving the request and handling the cases (especially during the COVID-19 pandemic- outbreaks in many countries around the world, including Vietnam, international postal services could not be as fast as usual; the law enforcement agencies also need more time to handle the MLA request due to the effects of social distancing), language restrictions, and MLA request must be sent through diplomatic channels that also incurs more procedures and time. In addition, the MLA request receiving countries require the request must be fully satisfied the legal conditions as prescribed by the law of the requested country. The process of exchanging to supplement information for the original request often takes a lot of time, which significantly affects the time limit and progress of criminal cases settlement of Vietnamese legal proceedings.

From the reality of implementing the MLA request between Vietnam and other countries, there are shortcomings in Viet Nam law of MLA such as not fully internalizing the provisions of regional and international treaties/conventions of which Vietnam is a member, leading to confusion in operational practice.

Realizing the matters, since 2015, WCS has provided support to relevant law enforcement and judicial agencies in Viet Nam, Mozambique and South Africa to enhance their cooperation in combating against transnational organized crime including wildlife crime. Especially, WCS Viet Nam has participated in the facilitation of cooperation among law enforcement and judicial agencies of Viet Nam and Mozambique.

Up to now, there is a variety of bilateral cooperation documents between Viet Nam and Mozambique. Two Memorandum of Understandings (MOUs) between government agencies of Viet Nam and Mozambique were signed in August 2017. One MOU on cooperation in wildlife species conservation and protection was signed between Mozambique’s Ministry of Land Environment and Rural Development and Viet Nam’s Ministry of Agriculture and Rural Development, with the Viet Nam’s CITES Management Authority (MA) and Mozambique’s National Administration of the Conservation Areas (ANAC) as focal point agencies. The other MOU focuses on strengthening cooperation in prosecution and combatting transnational organized crime signed between the Viet Nam’s Supreme People’s Procuracy (SPP) and the Mozambique’s Attorney General’s Office (PGR), with the SPP’s Department for International Cooperation and Mutual Legal Assistance in Criminal Matters and PGR’s International Cooperation Division as coordinating authorities. Furthermore, a Mutual Legal Assistance Treaty (MLAT) on criminal matters between the two countries was signed in December 2018 by Prosecutor General of Viet Nam’s SPP and the Minister of Justice, Constitutional and Religious Affairs of Mozambique. This MLAT was ratified by the President of Viet Nam in 2019 and Mozambique’s Prime Minister on behalf of the Ministers’ Council in 2020. Viet Nam and Mozambique also signed two agreements on Extradition and Transfer of Sentenced Persons in December 2019. However, the implementation of those agreements/treaties, especially the MLAT, has not yet achieved the desired results.

In that context, WCS would like to recruit an experienced consultant to develop an analysis on international cooperation in CWT MLA between Viet Nam and Mozambique.

II.        Objectives:

  • To synthesize and evaluate loopholes in Viet Nam legal framework for MLA;
  • To generate solutions/recommendations to the revision of Viet Nam law for MLA.

III.           Activity, Expected outputs/deliverables and tentative deadline 

Activities

Outputs/ deliverables

Completed by

Allotted time

Payment schedule

 1. Develop an outline

 

 

 

1st payment

upon

submission

and

approval on

the

1st draft

report

Identify the research focus and detail outline

Agreed outline

20/02/2022

02 days

Send WCS for feedback

2. Develop the 1st draft

 

15/4/2022

 

Conduct desk review on some issues as follows:

a)    Cooperation mechanism and activities in combating transnational organized crime between Vietnam and Mozambique:

  • Status and analysis of content of MLAT, and other agreements between Vietnam and Mozambique - Achievements and drawbacks;
  • Status and legal recognition of international conventions related to international judicial cooperation between both countries, i.e. United Nations Convention against Transnational Organized Crime;

1st draft report

 

04 days

b)    Analysis of practical cooperation on wildlife trafficking between Vietnam and Mozambique during 2015-2020:

  • Develop survey questionnaire and deliver the survey;
  • Analysis wildlife trafficking cases from Mozambique to Viet Nam, including cases related to South Africa and Cambodia (transit country role): case reviews, case tracking, and information-sharing between the two countries; and obstacles with MLAT and extradition treaty implementation;

 

05 days
  • Analysis advantages and challenges of using official cooperation channel; Reason for ineffective use;
  • Use of informal mechanisms, reasons of using those informal mechanisms;
  • challenges to enforcement cooperation between Vietnam Mozambique;
  • Recommendations to strengthen cooperation on transnational wildlife crime cases between Vietnam and Mozambique; propose any alternative platforms other than MLAT for further cooperation;
  • Identification and analysis of the best practices of criminal judicial cooperation on wildlife trafficking and other forms of transnational crime between Vietnam and other African countries in comparison with that of Vietnam – Mozambique;

 

07 days

Send 1st draft reports to WCS for feedback

3. Share the 2nd draft to get technical inputs and comments

 

10/5/2022

 

2nd payment

upon

submission

and

approval on

the final

report

Update the report based on WCS’s comments

 

 

 

Sent the 2nd report to WCS for feedback

 

 

02 days

4. Finalize report

Final report

30/5/2022

02 days

Update and finalize report based on WCS and independent consultants’ feedback

Total allotted time (total working days): 22 days

IV.      Consultant Requirements:

  • An advanced university degree in law is preferable;
  • At least ten years of work experience in law related fields in Vietnam, with technical knowledge in the area of criminal justice and MLA in criminal matters;
  • Experience in handling requests for MLA in criminal matters at a national authority;
  • Familiarity with international, regional, and national legal frameworks for MLA in criminal matters;
  • Demonstrated experience in developing legal documents, guidelines or handbooks for execution of MLA criminal matters for the Viet Nam and foreign prosecutors;
  • Excellent English fluency and legal research skill required.

VII. Application procedure:

Interested candidate(s) are invited to send to [email protected] before 16:00 pm (Hanoi time), February 13, 2022.

  • An email of interest
  • Curriculum Vitae which highlights relevant knowledge and working experience
  • Financial proposal (daily rate in VND including Personal Income Tax)

Note: Only shortlisted candidates will be contacted.

Job Details
Organisation Name: 
WCS
Application Deadline: 
Sun, 2022-02-13