I Background
The International Federation of Red Cross and Red Crescent Societies (IFRC) is the world's largest humanitarian network, reaching 150 million people each year through its 189 member National Societies. The Organization acts before, during and after disasters and health emergences in order to meet the needs and improve the lives of vulnerable people. Our work is guided by seven fundamental principles (humanity, impartiality, neutrality, independence, voluntary service, unity and universality) and by Strategy 2020, which voices our collective vision and determination to move forward in tackling the major challenges that confront humanity in the present decade.
In Viet Nam the IFRC works to support needs of the Vietnamese Red Cross and operates legally with the certificate of registration as a Representative Office of a foreign non-governmental organization issued by the Committee for Foreign Non-Governmental Organization Affairs of the Socialist Republic of Vietnam. In achieving its mission the IFRC Vietnam office is largely staffed by Vietnamese nationals. In total 20 national and four international staff will be engaged in 2015. In addition to full-time staff, the office will also offer internships to young professionals in areas where this is mutually beneficial to both parties.
II Objectives and outcomes of the consultancy service
The objective of the consultancy service is to enhance the level of compliance with the Vietnamese regulations regarding human resource management and personal tax requirements for national and international staff. Specifically the IFRC is seeking a consultant to provide advice on legal advice in the following areas.
A. Severance & Redundancy payment for national staff:
- Review and advise on all applicable Vietnamese legislation including laws and regulations applicable to the IFRC regarding the engagement and management of international and national staff.
- Review the IFRC Staff regulation specifically chapter VI – Social Security, article 6.4; and chapter X – Termination of Employment and advise on the compliance with Vietnamese legislation.
- Provide advice and clarification on the IFRC obligations regarding the Vietnamese Law No. 10/2012/QH13 – Labor Code, specifically section 2. Labor Contract Performa inclusive of articles 31 to 34 and section 3. Amending, Supplementing, Terminating Labor Contract inclusive of articles 35 to 49. Specific points include the following which will be clarified during the initial briefing:
- Severance payment obligations when a staff member voluntarily ends their contract; or when the IFRC terminates a contract.
- Obligations regarding the payment of severance during periods when Employees do not have access to the unemployment insurance.
- Reappointment obligations in the situation when - the work under a contract is completed and the process for offering of a new post is accepted or declined, including implication for salary payments.
B. The Obligations regarding the personal income tax of International staff:
- Advise on all requirements regarding the management and reporting of personal income tax for internationally recruited staff.
III Methodology
- Briefing with the IFRC Country Representative and Human Resources to clarify and confirm the expected output of the consultancy.
- Review relevant Vietnamese legislation including laws and regulations as well additional information and documents for facilitating the consultancy. A copy of all relevant documents in English and Vietnamese shall be provided.
- Submit a draft report and debrief the IFRC Country Representative and Human Resources team to present the finds and recommendations of the consultancy.
- Issue a final report detailing the analysis undertaken, recommendations and their justification.
IV Reporting structure
The consultants will report to the IFRC Country Representative.
All written and verbal correspondence will be conducted in English, inclusive of the issuing of the contract.
V Timeframe
06 February 2015: Interested Consultants submit quotations in writing to Mrs. Nguyen Hoang by email ([email protected] [1]) or in person at the IFRC offices – 8th floor 59 Quang Trung Street, Ha Noi no later than 5p.m on the 06 February 2015. All quotations received after this deadline will not be accepted.
27 February 2015: The selected Consultant will be invited to conclude the contract.
02 March 2015: The Consultant will commence the consultancy.
27 March 2015: The draft report of the consultancy to be submitted.
31 March 2015: Hold debriefing meeting at the IFRC office.
03 April 2015: The final consultancy report to be submitted.
VI Contact
Interested Consultants who require additional information are requested to contact
Mrs. Nguyen Thuy Hoang
International Federation of Red Cross and Red Crescent Societies
Floor 8, 59 Quang Trung, Hai Ba Trung, Hanoi
Tel: 844-39422983
Email: [email protected] [1]