STTA Digital Trade Legal Expert (lead)

Vietnam Digital Trade
SCOPE OF WORK
STTA Digital Trade Legal Expert (lead)

Date: XXX February 2024
Position: STTA Digital Trade Legal Expert (lead)
Reports to: USAID Vietnam Digital Trade (VDT) Technical Team
Location: Hanoi or other provinces in Vietnam (if required)
Eligibility: Vietnamese Nationals
LOE: (STTA) 50 days
Period of Performance: February – September 2024

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 2005 Commercial Law recognizes the importance of "data messages" as an equivalent form to traditional paper documents in commercial transactions, but specific terms are absent. To address this, the Law on Electronic Transactions (E-Transactions) was approved by the 15th National Assembly on June 22, 2023, and came into effect on July 1, 2024. The Law on E-Transactions introduces policies that acknowledge the equal value of electronic transactions and endorse their capacity to replace traditional transactions. The Central Executive Committee issued Resolution No. 52-NQ/TW on September 27, 2019, highlighting the urgency to accelerate the digital transformation process.

On June 3, 2020, the Prime Minister Decision No. 749/QD-TTg (2020), endorsing the national digital transformation program until 2025, with an orientation to 2030, introduced a series of requirements to review specialized laws, including commercial laws, to facilitate the national digital transformation and foster the development of innovative products, services, and business models based on digital technology, the Internet, and cyberspace. The implementation of this task is in harmony with the objectives set by Decision No. 749/QD-TTg and aligned with the overarching goals of the Project.

Under the approved work plan between the MOIT and USAID, the USAID Digital Trade Activity will support the Legal Department of MOIT to analyze domestic legal frameworks and learn international practices to enhance the development of trade activities in the digital environment.  Recommendations from the report will help promoting the development of trade activities in the digital environment, especially help small and medium enterprises to be aware of domestic and international legal regulations.
The VDT will implement this activity in coordination with the MOIT Legal Department. The VDT will mobilize two local STTA experts and one STTA international expert to carry out the following tasks:

• Prepare a report reviewing and analyzing the domestic legal framework and international experiences to promote the development of trade activities in digital environment. The report is expected to include the following chapters:

1. Chapter 1. Assessment of domestic legal regulations on trade activities in the digital environment
2. Chapter 2. Current situation of implementation and difficulties/obstacles in the implementation process (results from the survey)
3. Chapter 3. International experiences in managing and implementing electronic transactions in the field of trade with examples from China, Korea, the US and Singapore, and recommendations for Vietnam
4. Chapter 4. Suggestions for solutions to promote the development of trade activities in the digital environment

• Conduct a field survey to businesses, local Departments of Industry and Trade, relevant agencies, organizations, and individuals in different localities in the North and South of Vietnam

1. The survey will consist on questionnaires and interviews to stakeholders (businesses, local Department of Industry and Trade, relevant agencies, organizations) in relevant localities in the north and in the south of the country, involving a four-day trip in the North and 3 days in the South of Vietnam.

• Conduct a technical seminar in Hanoi to introduce the results.

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

The three experts will have the main following tasks:

• Local STTA Digital Trade Legal Expert (lead) (this SOW) (Expert 1). In charge of designing the activity in cooperation with VDT team, MOIT Legal Department and the other STTA Experts. Expert 1 will participate to interviews, workshop and be the main responsible of delivering the final report, in cooperation with the Expert 2 and International STTA expert.

The Expert 1 role is pivotal in ensuring the success of the activity. The Expert will bear responsibilities encompassing various stages of the activity, ranging from planning and design to the main responsibility of writing the report, coordinating the contribution of the other experts and maintaining the relations with the counterpart.

• Local STTA Digital Trade Legal Expert (focused on the field survey) (Expert 2). In charge of assisting the Local STTA Digital Trade Legal Expert in designing the activities, participating in the interviews and drafting the final report. Expert 2 will be in charge of collecting the information and data from the survey and synthetize the results.
• International STTA Digital Trade Expert. Will provide the international experiences about relevant topics in the following countries: China, Korea, Singapore and USA.

In consultation with the VDT Director, Senior Legal & Regulatory Specialist, the Expert 1 will work primarily closely with the MOIT Legal Department and the other STTA local and international experts. The local/national Expert 1 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, MOIT Legal Department, and the other local and international STTA experts to design the activity plan and timeline.
• Desk study and preparation of a research part on assessment of domestic legal regulations on trade activities in the digital environment.
• Participate in the field surveys to interview relevant stakeholders, including local Department of Industry and Trade, relevant agencies, organizations, and business associations, as consulted with MOIT Legal Department, to gather information and collect feedback on the related topics;
• Produce a Final Report containing details of all work carried out in areas assigned which together with the Expert 2 and International STTA Expert contributes to the Synthetic research report reviewing the domestic legal framework and international experiences to promote the development of trade activities in the digital environment.
• Participate actively in the technical seminar in Hanoi to present the results of the Report.

Deliverables

• Detailed plan of the activity.
• Field surveys to interview relevant stakeholders, including local Department of Industry and Trade, relevant agencies, organizations, and business associations to gather information and collect feedback on the related topics;
• Final Report containing details of all work carried out in areas assigned which together with the Expert 2 and International STTA Expert contributes to the Synthetic research report reviewing the domestic legal framework and international experiences to promote the development of trade activities in the digital environment
• Active participation at technical seminar in Hanoi to present the results of the Report; and giving presentations on specific topic assigned including key findings and recommendations to stakeholders.

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 10 years of experience as a legal expert specializing in 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.

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