Vietnam Digital Trade
SCOPE OF WORK
STTA Digital Trade Legal Expert (focused on Distribution services)
Date: December 9, 2024
Position: STTA Digital Trade Legal Expert (focused on Distribution services)
Reports to: USAID Vietnam Digital Trade (VDT) Technical Team
Location: Hanoi
Eligibility: Vietnamese Nationals
LOE: (STTA) 40 days
Period of Performance: January – April 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
Vietnam’s regulatory framework for distribution services by foreign service providers is governed by Decree 09/2018, which sets out licensing requirements for all FDI entities engaging in distribution activities, including digital environments. Additionally, Decree 52/2013, as revised by Decree 85/2021, mandates that FDI entities offering digital trade services must obtain a business license before registering their services with MOIT. This dual licensing and registration system requires effective policy coordination and streamlined implementation to ensure compliance while facilitating trade in the digital environment. However, challenges in aligning these regulations and their implementation have created obstacles for foreign service providers, particularly in the digital sphere, and raised awareness gaps among small and medium enterprises (SMEs).
Under the approved work plan between the MOIT and USAID, the USAID Digital Trade Activity will support the MOIT Planning and Finance Department to analyze the legal framework regulating distribution services provided by foreign service providers. Particularly, Decree 09/2018/ND-CP outlines licensing requirements for all FDI entities engaging in distribution activities, including those operating in digital environments. Additionally, Decree 52/2013, as amended by Decree 85/2021, requires FDI entities offering digital trade services to register with MOIT. Besides that, there is a need to analyze implementation issues and coordinating implementation of above regulations, which would significantly facilitate foreign service providers, particularly in the digital sphere. The analysis will also raise awareness about the specific situation among small and medium enterprises (SMEs).The VDT will implement this activity in coordination with the MOIT Legal Department.
The VDT will mobilize a local STTA expert to prepare a Report reviewing and analyzing the domestic legal framework and some international experiences, where available, with a focus on promoting policy coordination and implementation effectiveness concerning distribution activities by foreign service providers in the digital environment. The report is expected to include the following chapters:
- Chapter 1: Assessment of domestic legal regulations on distribution activities, particularly by foreign service providers in the digital environment.
- Chapter 2: Analysis of the current implementation situation, including difficulties and obstacles in the implementation process, building on findings from Chapter 1.
- Chapter 3: International experiences and best practices in regulating and facilitating distribution activities in the digital environment.
- Chapter 4: Recommendations for solutions to improve policy coordination and implementation effectiveness concerning distribution activities, particularly by foreign service providers in the digital environment.
These tasks are expected to be carried out from January – April 2025.
In consultation with the VDT Technical Team, the Local STTA Digital Trade Legal Expert (focused on Distribution services) will work primarily closely with the MOIT Planning and Finance and the Legal Department. The Local STTA Expert may also be required to work in collaboration with other members of the VDT team in order to undertake this activity.
Key Tasks/Responsibilities:
- Collaborate with the VDT team, the MOIT Planning and Finance, and the Legal Department to design the work plan for the activity.
- Conduct a desk study to assess domestic legal regulations on distribution activities, particularly by foreign service providers in the digital environment.
- Interview relevant stakeholders to analyze the current implementation situation, including difficulties and obstacles in the implementation process.
- Study international experiences and best practices in regulating and facilitating distribution activities in the digital environment.
- Prepare recommendations for solutions to improve policy coordination and implementation effectiveness concerning distribution activities, particularly by foreign service providers in the digital environment, by comparing gaps between domestic regulations and international experiences.
- Prepare a draft final report on reviewing and analyzing the domestic legal framework and international experiences, with a focus on promoting policy coordination and implementation effectiveness concerning distribution activities by foreign service providers in the digital environment.
- Incorporate comments from the VDT team, the MOIT Planning and Finance, and the Legal Department to finalize the report.
Deliverables
- A comprehensive work plan for the activity.
- Interviews with relevant stakeholders to analyze the current implementation situation, including difficulties and obstacles in the implementation process.
- A final report reviewing and analyzing the domestic legal framework and international experiences, with a focus on promoting policy coordination and implementation effectiveness concerning distribution activities by foreign service providers in the digital environment.
Qualifications
- Degree in law, trade, political science or related topics.
- In-depth understanding of the legal framework governing distribution services, with a particular focus on those provided in a digital environment.
- At least 10 years of experience as a legal expert specializing in trade, digital trade, preferably with experience in policy analysis and legal framework development.
- Prior involvement in projects related to digital transformation, e-commerce, or technology law.
- Strong written, and oral English and Vietnamese.
How to apply:
Deadline: 12/12/24