TERMS OF REFERENCE (TOR)
Hiring a Legal Advisor to Review Policy Recommendations
1. Background
The Asia Foundation is currently implementing a project funded by the Global Energy Alliance for People and Planet (GEAPP). Its primary objective is to provide an unbiased assessment for policy makers on key barriers to private sector investment in Vietnam’s clean energy sector. These barriers might include the lack of bankable power purchase agreements, the absence of regulations or concrete procedures for offshore wind development, uncertainty regarding the future role of rooftop solar in the grid, and regulatory and technical uncertainties related to battery energy storage and so on.
The policy proposals put forward in this project offer a comprehensive vision for Vietnam’s energy transition, developed through three key approaches: a long-term vision, medium-term investment efficiency, and short-term policy solutions with specific recommendations at different policy levels.
Based on this framework, three component research reports have been finalized:
- “National Competitiveness in Attracting FDI in the Clean Energy Sector”, which focuses on a long-term perspective to enhance Vietnam’s national competitiveness.
- “Risk Mitigation Solutions for Renewable Energy Projects”, which discusses medium-term policy frameworks aimed at reducing investment risks and improving access to finance for renewable energy projects.
- “Bidding Mechanism for Selecting Investors in Renewable Energy Projects”, which proposes practical steps to streamline project approval processes and attract qualified investors.
Based on these reports, the Asia Foundation seeks a legal expert (organization or individual) to review and provide comments on the policy proposals presented in the three studies.
2. Scope of Work
- Review and analyze the policy recomendations of the three reports.
- Provide legal opinions on the policy proposals, including feasibility, legality, and compatibility with Vietnam’s existing legal framework.
- Propose necessary adjustments, additions, or replacements of relevant legal regulations to effectively implement the policy proposals.
3. Expected Deliverables
- A evaluation opinions on the policy proposals in the three studies.
- A list of relevant legal documents and recommendations for necessary amendments, additions, or replacements.
- Other legal recommendations to support the finalization of the MVEP 4.0 report.
4. Implementation Timeline
- Duration: 30 days from the contract signing date.
- The expert will work according to the schedule agreed upon with the Asia Foundation.
5. Expert Requirements
The selected expert (organization or individual) should meet the following criteria:
- Extensive Legal Expertise: Demonstrated knowledge of Vietnam’s legal framework in the energy sector, including investment regulations, power purchase agreements, bidding mechanisms, and renewable energy policies. Being a licensed lawyer or a law firm is an advantage.
- Experience in Policy Analysis and Legal Drafting: Proven experience in analyzing policies, drafting legal documents, or providing regulatory recommendations related to energy and investment.Experience in policy consulting or drafting legal documents related to energy investment.
- Experience Working with Government and International Organizations: Prior work with government ministries, international organizations, or donor-funded projects is preferred.
- Strong Analytical and Communication Skills: Ability to provide clear, well-structured legal assessments and policy recommendations, with detailed justifications for proposed legal changes.
- Commitment to Timely Completion: Capacity to deliver high-quality legal analysis within the specified 30-day timeframe.
6. Application Process
Interested organizations or individuals should submit their applications (including CV, proposal for implementation and quotation) to the Asia Foundation the following email: [email protected] before March 20, 2025.