Local STTA Legal E-Commerce Expert (focused on Dispute settlement)

 Vietnam Digital Trade

SCOPE OF WORK

Local STTA Legal E-Commerce Expert (focused on Dispute settlement)

Date: XXX February 2024

Position: Local STTA Legal E-Commerce Expert (focused on Dispute settlement)

Reports to: USAID Vietnam Digital Trade (VDT) Technical Team

Location: Hanoi or other provinces in Vietnam (if required)

Eligibility: Vietnamese Nationals

LOE: (STTA) 35 days

Period of Performance: February 2024 – March 2025

International Development Group LLC is an international development consulting firm that assists donors, governments, and the private sector to create and take advantage of opportunities for sustainable, broad-based economic development and poverty reduction. IDG provides entrepreneurs and policymakers with the practical tools needed to achieve real and measurable impact for their communities and countries. IDG assistance programs aim to build the capacity, skills, and knowledge of local individuals and institutions in the public, private, and not-for-profit sectors, fostering synergies between local knowledge and international experience. 

Project Background

The VDT is a two-year activity (2023-2025) addressing regulatory gaps and promoting private sector engagement in the rapidly growing digital economy. USAID VDT Activity supports the Ministry of Industry and Trade (MOIT)’s implementation of frameworks that facilitate digital trade, with an emphasis on supporting MOIT in holding public-private dialogues to ensure implementation is done in consultation with the private sector. Regulations that are responsive to private sector needs remove bottlenecks in trade faced by enterprises and increase regulatory transparency, helping to shape an e-commerce sector where enterprises of all sizes can benefit. The Activity encourages the participation of small and medium enterprises (SMEs) in digital trade by introducing new business models and other best practices, such as traceability of goods, as well as facilitating cross-border connections between enterprises via MOIT’s digital trade promotion platform.

Activity Background

The e-commerce market in Vietnam and globally has been experiencing constant growth in recent times. In Vietnam, the e-commerce market size was only around 4 billion USD in 2015, but it surged to 7.8 billion USD by 2018 and further reached 16.4 billion USD in 2022. The average growth rate of Vietnam's e-commerce market has been impressive, ranging from 16-30% per year. In the Southeast Asian region, Vietnam's e-commerce market is projected to hit $39 billion by 2025, securing the second position after Indonesia ($104 billion) and on par with Singapore. According to the “Digital 2022 global overview report” by We Are Social & Hootsuite, the percentage of internet users shopping weekly in Vietnam ranks 11th globally at 58.2%, matching the global average demand. This figure is higher than that of the US, Australia, France, Japan, and Germany but lower than countries like Thailand, Malaysia, Korea, China, Singapore, Philippines, India, Indonesia, and the UK.

Cross-border e-commerce in the region has been consistently growing, with an average annual increase of 41.3%, outpacing the global average of 27.4% from 2016 to 2020. Global e-commerce retail sales are anticipated to reach approximately $8.1 trillion in 2026, marking a 56% growth from $5.2 trillion in 2021. However, the landscape of cross-border e-commerce in Vietnam for exporters is relatively new and involves complex legal, procedural, and financial processes. E-commerce businesses need to equip themselves with international trade skills, market knowledge, high-quality products, and familiarity with the host country's e-commerce landscape. Participating in e-commerce transactions is an inevitable trend for Vietnamese businesses. However, current negotiations for a common legal framework for cross-border e-commerce activities have not progressed significantly, mostly taking the form of bilateral and regional negotiations on market opening (FTA negotiations). At the multilateral forum, Vietnam is still actively participating in discussion sessions on building a legal framework for cross-border e-commerce activities within the framework of WTO and UNCITRAL.

Therefore, participating in the international e-commerce market, businesses face risks of non-traditional trade challenges, particularly related to the legal frameworks governing cross-border e-commerce transactions in different countries. To address this, the Legal Department aims to assist businesses in mitigating legal risks in cross-border e-commerce transactions by:

1. Leveraging the advantages of opening the e-commerce market.
2. Providing necessary knowledge about e-transaction contracts, especially cross-border e-transactions, based on rules and recommendations from international organizations such as WTO and UNCITRAL, as well as regulations from economies with advanced e-commerce levels like the United States and China.
3. Offering knowledge, skills, and recommendations to prevent legal risks in cross-border e-commerce transactions activities.

Under the work plan approved by the USAID and MOIT, the USAID VDT will support the MOIT Legal Department to implement this activity in FY 2024 and FY 2025 to conduct:

• A research report on legal issues related to international e-commerce transaction contracts: Identification of main challenges with recommendations for Vietnamese businesses. The report is expected to include the following chapters:

1. Chapter 1. Some legal issues related to international e-commerce contracts
2. Chapter 2. International experience in international (cross-border) e-commerce management (China, the US, Korea, etc.) and lesson learnt for Vietnam
3. Chapter 3. Disputes settlement related to e-contracts in international e-commerce
4. Chapter 4. Suggestions and recommendations for Vietnamese e-commerce businesses to avoid legal risks in cross-border e-commerce transactions

• A handbook related to international e-commerce transaction contracts;
• A workshop to disseminate the report and handbook.

These tasks are expected to be carried out from February 2024 – March 2025.

The project will select two STTA experts having the following tasks:

• Local STTA Legal E-Commerce Expert (Lead) (Local Expert 1). The Local Expert 1 will be in charge of designing and leading the activity in cooperation with VDT Technical team, MOIT Legal Department and other local and international STTA experts. The Local Expert 1 will have the main responsibility of drafting the research report and related content in the handbook with focus on Chapters 1, 4 and consolidating other chapters (3&4) from other international and local STTA to finalize the research report and the handbook. The Local Expert 1 will also participate in the workshop to disseminate the report and handbook and other related tasks if requested.
• Local STTA Legal E-Commerce Expert (focused on dispute settlement) (Local Expert 2) (this SOW). The Local Expert 2 will be in charge of drafting Chapter 3 of the research report and related content in the handbook in cooperation with VDT Technical team, MOIT Legal Department and Local Expert 1. The Local Expert 2 will also participate in the workshop to disseminate the report and handbook and other related tasks if requested.
• International STTA Legal E-Commerce Expert (focused on international experience). The International Expert will be in charge of drafting Chapter 2 of the research report and related content in the handbook in cooperation with VDT Technical team, MOIT Legal Department and other local and international STTA experts. The International Expert will also participate in the workshop to disseminate the report and handbook and other related tasks if requested.

In consultation with the VDT Director, Senior Legal & Regulatory Specialist, the Local Expert 2 will work primarily closely with the MOIT Legal Department and the Local Expert 1 and international STTA expert. The Local Expert 2 may also be required to work in collaboration with other members of the VDT team in order to undertake this activity.

Key Tasks/Responsibilities:

• Assist the Local Expert 1, in collaboration with the VDT team, MOIT Legal Department, and international expert to design the plan and timeline of the activity.
• Desk study and preparation of a research part on Disputes settlement related to electronic contracts in international e-commerce (Chapter 3 of the Research Report) and related content for the Handbook.
• Assist the Local Expert 1 in consolidating chapter 3 into the final report and final handbook by reviewing and providing comments the 2 documents.
• Participate actively in the workshop to disseminate the Report and Handbook and present related topic.

Deliverables

• Comments on the activity plan and timeline developed by Local Expert 1 in coordination with the VDT team, MOIT Legal Department, and the international expert.
• A research part on Disputes settlement related to electronic contracts in international e-commerce (Chapter 3 of the Research Report) and related content for the Handbook.
• Comments on Final Report on legal issues related to international e-commerce transaction contracts: Identification of main challenges with recommendations for Vietnamese businesses and Final Handbook related to international e-commerce transaction contracts (focused on Chapter 3 and related topic).
• Active participation at workshop to disseminate the Report and the Handbook and presentation on the topic of Disputes settlement related to electronic contracts in international e-commerce.

Qualifications

• Degree in law, political science or related topics.
• In-depth understanding of the legal framework governing digital trade, e-commerce, and related areas.
• At least 7 years of experience as a legal expert specializing in e-commerce.
• Prior involvement in projects related to digital transformation, e-commerce, or technology law.
• Specific expertise in consulting SMEs on legal and contractual issues.
• Strong written, and oral English and Vietnamese.

Application should be submitted to [email protected] no later than February 19, 2024.