Consultant for Forest Allocation

INDEPENDENT CONSULTANT SCOPE OF WORK

Consultant to propose amendments and supplements to the provisions on forest allocation and lease; conversion of forest types and forest use purposes; forest recall in Decree 156/2018/ND-CP
(Consultant 4)

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A. DAI ORGANIZATION AND VALUES

DAI is a global development company with corporate offices in the United States, the United Kingdom, EU, Nigeria, Pakistan, and Palestine and project operations worldwide. We tackle fundamental social and economic development problems caused by inefficient markets, ineffective governance, and instability. DAI works on the frontlines of global development. Transforming ideas into action—action into impact. We are committed to shaping a more livable world.

DAI and its employees are committed to confronting racism and holding ourselves accountable for positive change within the company and in the communities, cultures, and countries in which we live and work. DAI is committed to attracting and retaining the best employees from all races and backgrounds in our continued effort to become a better development partner.

DAI upholds the highest ethical standards. We are committed to the prevention of sexual exploitation, abuse, and harassment as well as other ethical breaches. All of our positions are therefore subject to stringent vetting and reference checks.

B. PROJECT BACKGROUND

The USAID Sustainable Forest Management Project (the Project) will work with the Government of Vietnam (GVN) to reduce carbon emissions associated with deforestation, the degradation of natural forests, and poor plantation management. The Project will implement a “Green Prosperity” approach that strengthens local communities’ ability to protect their natural resource base and reduce emissions while building a strong foundation for sustainable livelihoods and equitable economic growth.

The Project will work in seven provinces (Lao Cai, Son La, Hoa Binh, Thanh Hoa, Nghe An, Quang Tri, Quang Nam) and focus on five objectives:

1. Improve and expand community forest management
2. Increase conservation-friendly enterprises in forest-dependent communities
3. Increase functionality of law enforcement system for forest crimes
4. Improve production forest management practices
5. Mobilize domestic resources for forest management and protection

The Project will be implemented during the period 2020-2025 by DAI in collaboration with RECOFTC and Preferred by Nature as partners, with the Ministry of Agriculture and Rural Development (MARD) as the counterpart and the Management Board of Forestry Projects (MBFP) as project owner.

C. DESCRIPTION OF CONSULTANCY SERVICE:

I.           BACKGROUND AND RATIONALE

1.1.        Background

The Forestry Law (No. 16/2017/QH14) was approved by the 14th National Assembly on November 15, 2017 and came into force on January 1, 2019. Decree  No. 156/2918/ND-CP, approved and promulgated by the Government on November 16, 2018, is one of the key legal documents that guides the implementation of the Forestry Law.

Decree 156/2018/ND-CP covers 6 major thematic topis, of which the topic of “investment policies for forest protection and development” has recently been covered by a separate Decree[1], the development of which was also supported by USAID- SFM Project in 2021 – early 2022. The remaining policy issues to be reviewed and amended/supplemented include: 1) Criteria for forest identification, forest classification and forest management regulations; 2) Allocating forests, leasing production forests, changing forest types, changing forest use; purposes to other purposes, recalling forests; 3) Forest fire prevention and control; 4) Objects, forms of payment, level of payment for forest environmental services; adjustment, exemption or reduction of payment for forest environmental services; management and use of financial resource from payment for forest environmental services; and 5) Tasks, organizational structure, mechanism of management and financial use of the Forest Protection and Development Fund.

After over three years of implementation, upon reflection of concerned actors, who face difficulties in implementing the provisions of Decree 156/2918/ND-CP, MARD, by issuing the Decision No. 5254/QD-BNN-PC dated 31 December 2021 on the Plan of developing legal documents of the Ministry of Agriculture and Rural Development in 2022, assigned the Vietnam Administration of Forestry (VNForest) to lead the revision of the Decree. Following MARD’s Decision, VNForest assigned the Department of Legal Affairs and Inspection (DLAI) to act as the focal point for the review and revision of provisions related to points 1 to 3; and the Forest Protection and Development Fund (VNFF) to point 4, 5 listed above.

1.2.        Support of the Project to the revision of Decree 156/2018/ND-CP

In response to the request of VNForest, the USAID-funded Sustainable Forest Management Project (SFM Project) will provide VNForest (through its focal points of DLAI and VNFF) with technical support to revise the Decree:

• Consultation events: consultation with key stakeholders, technical meetings and workshops, field surveys to provinces, provincial and regional workshops and national workshops.
• A team of consultants: 05 consultants to support the overall revision of Decree 156/2018/ND-CP, focusing on the policy issues from 1 -3 mentioned above.
  
  • Consultant 1, Team Leader: Lead the group of consultants; Review and provide comments to the Report Outlines and draft reports of the following four consultants to make sure that information and data sufficient to provide evidence to the revisions of Decree 156/2018/ND-CP are included in these Reports:
  • Consultant 2: Conduct evaluation of 3-year implementation of Decree No. 156/2018/ND-CP and reviewing legal documents related to the revised Decree;
  • Consultant 3: Conduct assessment of the current regulations and propose revisions of regulations related to forest management applied for special-use forests, protection forests, production forests (Chapter II and related provisions, Decree 156/2018/ND-CP)
  • Consultant 4: Conduct assessment of the current regulations and propose revisions of regulations related to forest allocation, forest lease, forest use purpose change, forest recall (Chapter III and related provisions, Decree 156/2018/ND-CP)
  • Consultant 5: Conduct impact assessment of policies (economic, social); assessing the impact of administrative procedures in the draft Decree for existing and proposed amendments.

This SOW describes in detail the tasks of Consultant 4.

II.         OBJECTIVE OF THE ASSIGNMENT AND SCOPE OF WORK

2.1.      Overall Objective

Propose evidence-based amendments and supplements the provisions related to forest allocation and lease; conversion of forest types and forest use purposes; forest recall in Decree 156/2018/ND-CP dated 16 November 2018 of the Government on guiding in detail the implementation of some Articles of the Forestry Law to support VNForest (with DLAI as the focal point) in developing the drafts of the Decree that amends and supplements a number of Articles of Decree 156/2018/ND-CP.

2.2.      Scope of work

Consultant 4 is a member of the consultant team. He/she will:

1. Work under the direction of DLAI and the Team Leader (Consultant 1) to
   
   • Review and conduct required assessment of the provisions related to forest allocation and lease; conversion of forest types and forest use purposes; forest recall in Decree 156/2018/ND-CP, e.g., the provisions in Chapter III and other related provisions of the Decree;
   • Develop a report on the issues mentioned above; and on the basis of the assessment, propose amendments and supplements;
   • Provide proposed content amendment and provision / inputs for the revision of Decree 156/2018/ND-CP.
2. Support DLAI and the Team Leader in consolidating and responding to comments of concerned stakeholders on the provisions in Chapter III and other related provisions during the process of developing the Decree dossiers to submit to the authorized bodies.
   
   
3. Prepare for and participate in the consultation events according to the Plan approved by DLAI and the Project to explore, collect, clarify additional information and opinions of concerned stakeholders to ensure that sufficient data and information are included in the Consultant 4’s report mentioned above. These consultation events may include field trip to selected provinces, regional workshop, national workshop, and other consultation technical workshops and meetings required by DLAI.
   
   
4. Carry out other related tasks as assigned by DLAI and the Project.

III.        SPECIFIC TASKS

Consultant 4 will discuss with DLAI, DAI and the Team Leader at the beginning of the assignment to get common understanding and agreement on the objectives, scope of work and priority contents of the assignment. He/She will then work closely with DLAI, DAI and the Team Leader throughout the implementation of this assignment.

3.1.      Develop a report that provides assessment of the current provisions related to forest allocation and lease, conversion of forest types and forest use purposes, forest recall in Decree 156/2018/ND-CP and propose evidence-based amendments and supplements

• Consolidate and analyze information, data and proposals/recommendations related to forest allocation and lease, conversion of forest types and forest use purposes, forest recall in the reports on the implementation of Decree 156/2018/ND-CP submitted to MARD by provinces and municipalities (cities under the Central Government).
• Review and consolidate findings of research, study reports; recommendations of concerned agencies, organizations and individuals on provisions related to forest allocation and lease, conversion of forest types and forest use purposes, forest recall  (in Chapter III and other related provisions of Decree 156/2018/ND-CP);
• On the basis of information and data collected and analyzed, develop a report that provides assessment of the current related provisions and proposed evidence-based amendments and supplements, which include, but not limited to:
  
  • Policies, plans, procedures, requirements for forest allocation and lease, conversion of forest types and forest use purposes, forest recall;
  • Other relevant contents.
• When making the assessment, the report will identify and describe policy gaps, limitations, obstacles in implementing the current provisions and provide recommendations and proposals on how to address such policy gaps, limitations, obstacles in the revised Decree.
• Propose amendments and supplements in the form of Points, Clauses, Articles.

3.2.      Support DLAI and the Team Leader in developing the Decree dossiers to submit to the authorized bodies

Consultant 1 (Team Leader) will take lead in incorporating the contents of the reports developed by Consultant 4 and other team members in the dossier(s) submitted to the authorized bodies.  Consultant 4 will support Consultant 1 in this process by providing inputs to the contents related to his/her work.

3.3.      Prepare for and participate in the consultation events

• Consultation events (tentative):
  
  • 01 field trip to 02 provinces: after Draft 2 of the Decree is published online for public comments.
  • 01 Regional workshop, expected to be organized at the end of each field trip mentioned above.
  • Other technical meetings (if required).
  • Proactively consult with concerned stakeholders through face to face or online meetings.
• Specific tasks related to the preparation and organization of the consultation events
  
  • Proposed list of policy issues to be explored, discussed and information to be collected during the field trip and regional workshop.
  • Attend the consultation events and collect comments; discuss and clarify comments from participants and stakeholders.

4.          KEY DELIVERABLES / OUTPUTS OF CONSULTANT 3

• A report that provides assessment of the current provisions on forest allocation and lease, conversion of forest types and forest use purposes, forest recall and proposed evidence-based amendments and supplements.
• An Annex of proposed revisions in the form of  specific Points, Clauses, Articles.

5.          LOCATIONS

Hanoi and 02 provinces (to be identified later)

6.          CONSULTATION TIME (LOE) AND DELIVERABLES

Remarks:

• Deadlines of deliverables can be adjusted according to the progress of developing the Decree by concerned Government agencies.
• Consultant submits in Vietnamese and English: D1, D6. Other deliverables are submitted in Vietnamese. 
• Deliverables 1 – 5 are approved by DLAI and DAI; Deliverables 6 approved by DLAI, DAI and CPMU of VFBC Project.

D. QUALIFICATIONS

E. HOW TO APPLY AND REQUESTED DOCUMENTS

Individual interested candidates are requested to submit:

• Updated CV in English and Vietnamese
• Cover letter in English indicating why the applicant is suitable for this position along with current contact details of at least three referees in English or Vietnamese
• Scanned copy of related degrees
• Similar consultancy projects/reports completed before either in English or Vietnamese
• Technical proposal in English or Vietnamese to carry out this consultancy assignment (approach and implementation plan)

via email to our recruitment email at [email protected]. Please quote the position title in the subject line: “Candidate’s full name _ Consultant 4 _Decree 156”

Deadline for application: 5.00 p.m. (Hanoi time), April 27, 2022

Remark: If being recruited, the candidate will have to provide DAI with a release letter with authorized signature and stamp from current employer to certify that candidate will not receive salary from current employer during the implementation of this consultancy assignment or candidate commits to carry out the assignment outside normal working hours. This release letter is required for candidate who are currently working for government agencies only.

To learn more about DAI, please visit our website: https://www.dai.com/

DAI is an equal opportunity/affirmative action employer with a commitment to diversity. DAI does not discriminate in employment on the basis of race, color, religion, sex (including pregnancy and gender identity), national origin, political affiliation, sexual orientation, marital status, disability, genetic information, age, parental status, veteran status, or other non-merit factor