Consultants for the Development of Circular to Replace Circular 90/2008
USAID Saving Species – Recruitment of consultants to support the development of a Circular to replace Circular 90/2008/TT-BNNPTNT dated 28 August 2018 by the Ministry of Agriculture and Rural Development on guidance on the handling of confiscated forest animals
Date of Issuance: 11th April, 2019
Closing Date for Application: 18th April, 2019
The United States Agency for International Development (USAID) Saving Species Program is USAID/Vietnam’s flagship implementation vehicle for combating wildlife trafficking and is being implemented by Tetra Tech in partnership with Vietnam CITES Management Authority of the Ministry of Agriculture and Rural Development. TRAFFIC Vietnam and the Wildlife Conservation Society (WCS) are also project partners.
USAID Saving Species is seeking qualified Consultant(s) to support the development of a Circular to replace Circular 90/2008/TT-BNNPTNT dated 28 August 2018 by the Ministry of Agriculture and Rural Development on guidance on the handling of confiscated forest animal
For more details, please refer to the attached Scope of work (SOW).
Overall Goal:
To develop a Circular to replace Circular No. 90 to strengthen the capacity to rescue and handle exhibits that are forest animals in violation cases to increase rate of releasing to the natural environment, promote the handling of cases related to illegal wildlife trade and strengthening law enforcement on wildlife crime.
Specific Objectives:
- To develop regulations on the handling of seized live wild animals, body parts and products thereof to be held for the decision of competent authorities; and the procedure to handle wildlife exhibits after a confiscation decision is made.
- To propose measures to handle forest animals, body parts and products thereof after the decision to confiscate wildlife and decision to establish all-people ownership over property are made by agencies responsible for administrative proceedings, after the decision to transfer to forest protection agencies is made by agencies responsible for criminal proceedings, and other competent authorities.
- To develop regulations related to transfer, preserve or return exhibits to source country (applicable to exhibits of foreign origin)
- To develop the disposal procedure for forest animals confirmed dead or body parts/ products.
- To develop the procedure to release live wildlife exhibits into the natural environment similar to their natural habitats.
- To develop the procedure to transfer wildlife exhibits to rescue centers; to specify responsibilities of rescue centers and any agencies receiving wildlife, body parts and products thereof.
Main tasks & Responsibilities:
- Develop a report on the review and changes of legislation relating to the handling and management of wildlife exhibits;
- Conduct consultation with relevant stakeholders and establishments receiving confiscated exhibits including rescue centers; develop a report on the consultation results/findings
- Develop a draft Circular to replace Circular no. 90
- Share the results of the review report and the draft Circular; and facilitate discussions in technical meetings and consultation workshops
- Revise and finalize the Draft Circular to replace Circular no. 90, report on the acceptance and explanation of comments, and submit any other related documents at the request of Forest Protection Department.
- Assist the Forest Protection Department in the finalization of the Report on the acceptance and explanation of comments and other contents until gaining the approval of the Prime Minister.
Expected Deliverables
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Results/Outcomes |
Deliverables Schedule and Requirement |
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4.1 |
Report on the review of legislations - A review on the implementation of Circular no.90, including: difficulties in actual implementation, especially regarding the procedure to handle seized and confiscated wildlife exhibits, body parts and products thereof until a handling decision is made by competent authorities responsible for administrative cases; drawbacks in settling either live or dead animals; auction of wildlife evidence or body parts thereof; transferring and storing wildlife evidence before and after confiscation; - An evaluation on rescuing activities after confiscation in rescue centers, including the responsibilities of state agencies in overseeing these rescue centers; identify problems and gaps in regulations on transfer to rescue centers, responsibilities of rescue centers, roles of rescue centers in overseeing the rescuing of confiscated wildlife in administrative and criminal cases. - A review on inconsistent, overlapping or invalid provisions to be revised, eliminated or replaced in Circular no.90 in comparison to the new legislations related to handling violations, management and use of public properties, and management of endangered, rare and precious wild fauna and flora. - A proposal of relevant provisions in Circular no.90 to be eliminated, amended or supplemented, particularly those involved in measures to handle confiscated forest animals and their body parts and products; proposed procedures to manage seized forest animals, their body parts and products until a confiscation decision and an approval on establishment of all-people ownership is provided by competent authorities in accordance with relevant legislations and actual situation.
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May 2019 Report in Vietnamese with an executive summary in English (1 – 3 pages)
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4.2 |
A report on the survey results, minutes/finding of working groups and reports from localities - Synthesize comments and feedback on the development of the detailed Draft Circular and the implementation of Circular no.90 |
1 week after each fieldtrip Report in Vietnamese and an executive summary in English (1 – 3 pages)
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4.3 |
Presentation on the report result and justification at the technical meetings and national consultation workshop - Present the results of the report on review report and draft Circular |
3 days before Workshop Presentations in Vietnamese and main bullets points in English |
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4.4 |
A summary of comments and justification for comments received to develop the Circular |
1 week after Workshop Report in Vietnamese and an executive summary in English (1 – 3 pages) |
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4.5 |
Minutes of technical meetings |
3 days after Meeting Minutes in Vietnamese and main bullets points in English |
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4.6 |
A justification report to adopt comments received during the development of the Circular to replace Circular no. 90 |
July 2019 Report in Vietnamese and an executive summary in English (1 – 3 pages) |
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4.7 |
Draft Circular to replace Circular no. 90 |
First Draft in May 2019 Final Draft in August 2019 Report in Vietnamese and an executive summary in English (1 – 3 pages) |
Note: Deliverables are requested to be submitted in both English and Vietnamese as indicated.
Timeline/Working days:
- Starting date: 29th April 2019.
- Ending date: When the Draft Circular is submitted the Government for approval and promulgation (expected 30th September 2019).
- Total working time for conducting the consultancy work: 76 days (8 hours per day) for 2 consultants.
Qualifications/Criteria:
The consultancy will be conducted by 2 consultants, 01 on Legal/Law Enforcement and 01 on Wildlife/Forestry.
Qualification:
Consultant on Legal/Law Enforcement (leader of the Group)
- Bachelor Degree in Law/Forestry or higher, preferably with experience on the development of legislation
- A minimum of 10 years or more working in the legal/law enforcement sectors
- Experience in policy research and assessment
- Experience in drafting legal documents
- Experience in working with state management agencies related to law development.
- Experience in consulting or participating in developing legal documents, preferably with experience in the forestry sector
- Experience and skills in teamwork; ability in analyzing and synthesizing reports, give consolidating feedback and responses on policy issues.
- Excellent presentation and writing skills.
- Fluency in office computer skills
Consultant on Forestry
- Bachelor Degree in Environment/Forestry or higher
- A minimum of 10 years or more working in the forestry and legal enforcement sector, preferably with experience in handling administrative and criminal confiscated exhibits.
- Experience in drafting legal documents
- Experience in working with state management agencies.
- Experience and skills in teamwork; ability in analyzing and synthesizing reports, consolidating feedback and responses on policy issues.
- Excellent presentation and writing skills.
- Fluency in office computer skills.
Application method:
Application should include:
- Resume(s) summarizing qualifications and experience relevant to the SOW including a list of previous similar consultancy work done.
- An application letter including an Outline/Workplan of the described assignment.
Application should be sent to: [email protected] with subject line of “Consultants for the development of Circular to replace Circular 90/2008” before 5 PM. Friday, 18th April 2019.
Only shortlisted applicants will be notified.