Team Leader to Carry out the Analysis of Policy Opportunities of Civil Society Space for Good Governance in Vietnam

Terms of Reference for Analysis of Policy Opportunities

of Civil Society Space for Good Governance in Vietnam

August 2017

1. Background

Oxfam’s program on “Civil Society Space for Good Governance in Vietnam” aims towards an enabling environment for civil society to contribute to good governance and sustainable development in Vietnam. The three policy processes included in this advocacy are the Law on Access to Information (passed in April 2016, entering into force in July 2018), the proposed Law on Associations, and the proposed Law on Demonstrations (or Peaceful Assembly), plus sub-law decrees and guiding circulars for each of these laws. This program is funded by the European Union from April 2017 - July 2020; it also includes capacity development and research components.

In order to assess policy opportunities and assist program and its partners in developing and improving their advocacy plans, Oxfam aims to conduct an analysis in September- November 2017. The analysis will be carried out by a team of 4 members including a team leader and 3 team members (the team members will be identified by Oxfam). The process and outcomes of the analysis will be used by Oxfam and partners to develop joint advocacy strategies and to identify their needs of advocacy capacity building.

The three policy processes described above are linked to core rights guaranteed in international conventions and the Vietnamese Constitution: the rights to association, access to information and assembly. However, after the program was designed, two of the three policy processes have been put on hold by the National Assembly. The Law on Associations was debated in 2016, but then withdrawn from consideration; and the Law on Demonstrations has been indefinitely postponed. Given this situation, the analysis should recommend implementing additional activities and assess alternative policy processes that Oxfam and partners could advocate for during the time frame of this program.

2. Scope of the work

The analysis seeks to understand what interests and incentives among various stakeholder groups in policy and practice relating to the enabling environment for civil society in Vietnam. It emphasizes the importance of context, power, institutions, actors, relationships and processes relating to formulation and implementation of policies on rights to access to information, association and assembly in Vietnam in order to inform strategic choices of interventions to promote these rights. Understanding the interests and influence of different stakeholders and how their power is exercised within a particular institutional context enables realistic choices of which issues, partners to engage in order to best influence effective and equitable policy development and implementation.

The analysis should consider three basic aspects: stakeholders; institutions; and processes. Detailed research questions will be developed by the team at the start of research. Sample questions for consideration are:

1. What institutions and processes are favouring or hindering policy changes in each of the 3 identified policy processes? Which state actors (and non-state actors, if applicable) are driving these changes? What factors influence successful and unsuccessful cases of policy change?

2. How do partners, allies, and other influential stakeholders assess the likelihood of progress on the 3 identified policy processes? What opportunities exist to influence the identified processes?

3. In addition to the 3 identified policy processes, or in case one or more of them is assessed as blocked, what alternative activities and policy processes offer potential for advocacy during the time frame of the program?

4. What strategies should Oxfam and partners use to advocate most effectively, both with state authorities and the public?

Data collection will consist of key informant interviews, focus group discussions, secondary data, process mapping and tracing. Key informants should include (but not be limited to) Oxfam’s partners, NGOs, relevant government agencies, and international agencies operating in Vietnam. Interviews should be selected from a mix of civil society, academic, media, government, and business representatives, including those believed to be sympathetic as well as those who may be less favourable. Research should take place primarily in Hanoi and interviews in other locations may be conducted via phone or skype.

4.    Activities

The analysis will have three phases: preparation/desk research, data collection, and analysis/report writing. The main activities in each phase will include:

Preparation and desk research

• Recruitment/identification of research team members

• Review of available secondary literature

• Prepare a detailed research design based on this TOR and other background documents

• Participation in a 2-day training workshop, hosted by Oxfam

• Development of specific lists of interview respondents from multiple sectors

• Development of semi-structured interview guides for each type of interview respondent

• Agree on division of responsibilities among the research team.

Field research and data collection

• In-depth interviews with selected key informants (may include travel to HCMC)

• Conduct focus group discussions and/or interviews with other identified stakeholders (including policy makers, government officials, public sector and private sector providers)

• Legal research as needed; read relevant media articles (in Vietnamese)

• Synthesis findings and provide written notes and feedback to the team leader.

Analysis and report writing

• Participate in a one-day participatory analysis workshop following data collection

• Draft process maps, other figures and tables for inclusion in the report (or annexes)

• Draft report, to be reviewed by Oxfam and other external reviewers to be identified

• Present findings at a review meeting or other program event.

5.    Outputs

The analysis process will result in a report of approximately 30 pages plus annexes. The report should include an executive summary, list of abbreviations, table of contents, consistently referenced citations, and detailed recommendations to Oxfam regarding subsequent programming decisions.

6.    Team composition

The analysis will be carried out by a team comprised of a team leader and 3 team members (the team members will be selected by Oxfam and its partners). Each of team member focus on one policy process, contracted individually. Oxfam program support staff will contribute to logistics and translation (if necessary).

The main responsibilities of each team member include:

1. Team leader: Coordinate research process; lead secondary literature review; participate in data collection; lead analysis after data collection; draft and complete analysis report (preferably in both Vietnamese and English).

2. Team members: Participate in selected interviews with key informants and focus groups; participate in orientation and analysis sessions; each of member will responsible for more in-depth of one policy process and providing detailed input and comments to relevant sections of the report; use results to inform partner strategies and plans.

Oxfam staff will participate in orientation and analysis sessions; provide detailed input and comments to relevant sections of the report. The estimated time of Team leader is 25 days and Team members is 18 days each.

7. Timeline(dates subject to change)

8. Qualifications:

The Team leader should:

• Have at least 10 years’ experience in international development, with a focus on political economy, law, and/or public administration, preferably in Vietnam;

• Show understanding of the Vietnamese political and legal system;

• Demonstrate expertise in gender analysis and commitment to gender equality;

• Show a track record of previous research and publications on governance, policy advocacy, or related topics;

• Have strong written and spoken communication skills in English (required) and Vietnamese (preferred), including the ability to communicate complex concepts in plain language.

Team members should:

• Be an active member of the Oxfam program;

• Demonstrate prior involvement in advocacy on national-level policy processes (not necessarily those included in this program);

• Have exposure to political economy methods, such as through a training course or previous research involvement.

To apply, please send a CV and cover letter explaining your interest in the research to: [email protected] [1] by 25 August 2017.

9. Budget:

Applicant for the team leader position should propose a consultancy rate commensurate with experience as wells as other related expenses for him to complete the task. The expenses for team members will be taking care by Oxfam.