Interim Legal, Regulatory and Institutional Expert

Proposed Personnel:              National STTA Expert

Position:                                 Interim Legal, Regulatory and Institutional Expert

Period of Performance:          July 15, 2021 –January 31, 2022

Level of Effort:                       72 days

Origin/Destination:                Hanoi

Project Background:

The USAID Trade Facilitation Program (TFP) is a five-year project that aims to support Vietnam’s adoption and implementation of a risk management approach to customs, which will facilitate the implementation of the World Trade Organization’s (WTO) Trade Facilitation Agreement (TFA), of which both Vietnam and the United States (U.S.) are members. The Program will work with the General Department of Vietnam Customs (GDVC) to ensure simplification, harmonization, professionalization, adoption, and implementation of risk management approaches at the national and provincial levels to expedite cross-border trade and to enable Vietnam to implement WTO TFA commitments. The Program will work with the GDVC, private sector, and other Government of Vietnam (GVN) agencies to simplify policies, foster stronger linkages between national and provincial levels, and improve coordination and implementation at the provincial level.

Overview:

The Interim Legal, Regulatory and Institutional Expert will work closely with the Senior Trade Facilitation Expert (STFE) and the Chief of Party (COP) to implement reforms with partner GVN counterparts. The Legal, Regulatory, and Institutional Expert will be responsible for analyzing Vietnamese laws and legal instruments (regulations, circulars, decisions etc.) for conformity with the WTO TFA and GVN’s other international commitments. This will have specific focus on ensuring that they confirm and support the aims and objectives of the USAID Trade Facilitation Program.

The Legal, Regulatory and Institutional Expert will be required to work at both central and provincial levels.

Responsibilities and Tasks:

Key responsibilities include, but are not limited to:

• identify and prioritize specific interventions to improve efficiency and transparency of the legal and regulatory environment in support of the aims and objectives of the Program;
• provide guidance to the Ministry of Finance (MOF), GDVC, and other government agencies, line ministries and private sector stakeholders on forthcoming legislation and new legal instruments;
• assist the GDVC, National Trade Facilitation Committee (NTFC) and GVN counterparts, and private stakeholders to develop and implement action plans to address issues requiring harmonization with international best practices, as required by the WTO TFA and Vietnam’s other international commitments and agreements;
• adopt lead responsibility for Program activities as related to Specialized Inspection, improving the customs legal framework, developing legislation for e-commerce for imported and exported goods, developing the authorized economic operators (AEO) program and voluntary compliance traders’ program, improving compliance measurement in import and export, etc. and other activities as requested, with GDVC departments (may include local customs) and relevant line ministries such as Ministry of Agriculture and Rural Development (MARD), Ministry of Science and Technology (MOST), Ministry of Industry and Trade (MOIT), and Central Institute for Economic Management (CIEM) under the Ministry of Planning and Investment (MPI), etc. and private sector stakeholders; and
• prepare briefing notes and reports on findings and recommendations from consultations and play an active role in research, analysis, consultations, planning, and advocacy through collaborating closely with other members of the Program team to identify training and capacity building needs.

The Interim Legal, Regulatory and Institutional Expert will be expected to contribute to the overall achievement of program results by undertaking other tasks, activities, or assignments as directed by the Senior Trade Facilitation Expert, consistent with program aims and objectives and the technical skills required.

Qualifications

• Advanced degree in relevant field such as law, trade policy, international trade, Customs administration, etc.
• Minimum 7 years of experience working with government counterparts and/or multilateral organizations on programs of a similar focus and complexity, on topics such as regulatory or customs reform, trade policy and trade facilitation
• Proven experience of working with Vietnamese government at central and provincial levels
• Proven knowledge and deep understanding of the World Trade Organization (WTO) and member commitments under the Trade Facilitation Agreement (TFA) and other international agreements
• Fluency in English and Vietnamese