Local STTA Digital Trade Legal Expert (focused on the field survey)

Vietnam Digital Trade

SCOPE OF WORK

Local STTA Digital Trade Legal Expert (focused on the field survey)

Date: XXX February 2024

Position: Local STTA Digital Trade Legal Expert (focused on the field survey)

Reports to: USAID Vietnam Digital Trade (VDT) Technical Team

Location: Hanoi or other provinces in Vietnam (if required)

Eligibility: Vietnamese Nationals

LOE: (STTA) 20 days

Period of Performance: February - August 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 experienes 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) (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.
• Local STTA Digital Trade Legal Expert (focused on the field survey) (this SOW) (Expert 2). In charge of assisting the Expert 1 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 2 will work primarily closely with the MOIT Legal Department and the other STTA local and international experts. The Local/national Expert 2 may also be required to work in collaboration with other members of the VDT team in order to undertake this activity.

Key Tasks/Responsibilities:

• Assist the Expert 1 in establishing a detailed plan for the survey, including questionnaires and interview protocols.
• Participate actively in the field survey by contributing to interviews and engaging with relevant stakeholders (enterprises, the 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 current situation of trade activities in the digital environment
• Produce a report on the field survey results;
• Assist the Expert 1 in drafting the final comprehensive report, incorporating findings from the survey;
• Participate in the workshop to introduce the final report.

Deliverables

• Detailed plan for the survey, including questionnaires and interview protocols.
• Active participation in the execution of the survey, involving interviews with enterprises, local Department of Industry and Trade, relevant agencies, organizations, and business associations.
• A report on the field survey results;
• Contributions to the final report, incorporating findings from the survey;
• Participate in the workshop to introduce the final report.

Qualifications

• Degree in economics, law, political science or related topics.
• In-depth understanding of the legal framework governing trade in Vietnam.
• At least 5 years of experience as a legal expert specializing in international trade law.
• Prior involvement in projects related to digital trade.
• Strong written, and oral English and Vietnamese.

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