TERMS OF REFERENCE
Consultancy service for justice consultant in supporting
PFES regulation in Ca Mau Province
Country: Vietnam
Organisation: SNV - Netherlands Development Organisation
Project: Scaling up Mangrove EbA in the Mekong Delta (MAM2 project)
Location: Ca Mau
Duration: 10 December, 2017 – 30 July, 2018 (indicative 30 days)
I. Background to the assignment
SNV Netherlands Development Organisation has been working in Vietnam since 1995. Using market-based approaches and SNV’s Balancing Benefits framework for gender equality promotion, SNV is committed to reducing poverty by catalysing environmentally sustainable solutions for low-income people in agriculture, energy, water & sanitation, and REDD+.
Southeast Asia has lost half its mangroves over the past 30 years, primarily as a result of clearing for shrimp ponds. This has serious consequences, as mangroves protect against tidal waves and storm surges. They are vital fish nursery-grounds, provide timber, honey, and other products and raise land levels by trapping sediment. They also sequester carbon faster than any other forest type. Healthy mangroves thus make important contributions to both climate change adaptation and mitigation and form the basis of coastal ecosystem-based adaptation.
The “Scaling up Mangrove EbA in the Mekong Delta” (MAM2) project is funded by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMU), and implemented by SNV and IUCN in coordination with Ca Mau, Tra Vinh, Ben Tre Provincial People’s Committee (PPC). This project builds capacity of local stakeholders (Aquaculture/forestry sectors, local authority, private companies, and farmers), improves livelihoods of mangrove – shrimp farmers on degraded mangroves by promoting shrimp certification and restoration, provides policy recommendations on Payments for Ecosystem Services on Aquaculture and creates enabling conditions for accessing climate change funds. The project’s focus sites are in Ca Mau, Ben Tre and Tra Vinh.
The MAM project, SNV-Vietnam Agriculture programme has been cooperating with Ca Mau Provincial People’s Committee/Department of Agriculture and Rural Development, seafood enterprises, Forest Management Boards and shrimp households in Ca Mau since 2012.
II. Consultancy service description:
1. Assignment Objectives and Outcomes:
The MAM2 project is now seeking a national specialist on civil justice to work with policy specialists in order to reviewing/strengthening existing regulation for sustainable mangrove shrimp development for sub-national level in Ca Mau to recommend/contribute for the central government on PFES.
The specific objectives of this assignment are:
- To analyze the legal of civil relationship between processing companies and farmers in their contracts for selling shrimp and payments for PFES thought applying international certification schemes;
- Based on these analysis to identify legal function of processing companies as users/beneficiaries of forest ecosystem services from mangrove supply chains and propose for payers of these ecosystem services legally. It’s belonged to national regulation: 99/Government dated 24/9/2010;
- Based on these analysis to identify legal to identify legal position/function of shrimp farmers as service providers who would be compensated for maintaining and providing forest ecosystems services, as regulated by decree 99/Government dated 24/9/2010;
- Working with policy consultants and consultation and field survey at FMBs and farmers to provide evident for these analysis;
- Technical report about results of legal analysis of relationships, functions of these parties (payers/providers) that involved in provincial decision 111/PPC 22/1/2016;
The outcomes of this assignment will provide incentives for shrimp farmer and enhance farmer’s incomes to adapt to climate change risks and maintaining forest ecosystem services.
2. Scope of the assignment:
The project aims to establish pilot areas in Nhung Mien FMB, Kien Vang FMB, Tam Giang FMB in Ngoc Hien District, Ca Mau;
The selected consultants will need to work with the provincial advisory group (PAG); FMB and processing companies in related of Nhung Mien, Kien Vang in Ngoc Hien district and Tam Giang I and Ngoc Hien forestry company in Nam Can district, CM;
3. Methodology/Tasks
- Review existing regulations of province, government on PFES policy and current needs of shrimp farmers, companies, FMBs in Ca Mau;
- Working with policy consultants for conducting consultation/study/analysis of legal positions/functions of providers, payers of forest ecosystem services;
- Provide trainings and presentations together with policy consultants at provincial workshops;
Detailed tasks
- Report of reviewing and recommendations for existing policy related to PFES in Ca Mau, country (finished in Dec, 2017);
- Legal/justice aspects of civil relationship between companies – farmers’ contracts and identification of payers and providers of forest ecosystem services in certification supply chains;
- To team up with policy consultants for consultation at farmers and FMBs and companies;
- Technical reports for reviewing and recommendations for policy; Provide trainings and presentations together with policy consultants at provincial workshops
4. Deliverables:
All deliverables should be both in Vietnamese and English with the following content:
- A proposal for fulfilling the assignment that includes methodology, design, monitoring and work-plan and estimated costs for the whole package;
- Technical report on reviewing and recommendations for policy;
- Provide trainings and presentations together with policy consultants at provincial workshops
- All relevant data, consultations collected;
5. Timeline: This work should take place within a period not exceeding 40 working days, between 15 December, 2017 and 30 July 2018.
III. Qualifications, skills and experience required:
The consultants should demonstrate expertise and capacity in the following areas:
- At least Bachelor's degree in justice, lawyer or other related subjects; having at least 10 – years’ work experience in the above areas;
- Understanding of mangrove shrimp farming, related sectors, and so on;
- Capable to work with community, local stakeholders and farmers;
- Excellent facilitation and communication/training skills;
- Having capacity of reporting in Vietnamese and summary in English technical reports.
IV. How to apply:
Interested consultants/ firms are requested to submit:
- Detailed proposal demonstrating the ability to deliver on this assignment, included financial proposal, area survey, logistical support etc. during implementation of this assignment; Estimated working days to provide the deliverables. Support will be provided by the SNV Field Coordinator, partners in the Provinces, Forest Management Boards (FMBs) on carrying out field activities and working with local farmers.
Components of the technical proposal:
- Understanding of the assignment
- Proposed assignment approach, methodology and tools
- Work plan and resource arrangements
- Team roles and specific tasks
Annexes: CVs of team members, relevant publications or other evidence of relevant capacities
Components of the budget proposal:
- Package rate of the work and daily rate of each member
- Operational and support costs
- Total estimated costs
Deadline for proposal submission: December 25, 2017
Interested applicants are invited to send their completed proposals via email to: [email protected] [1] with the title: “Justice consultant in supporting PFES regulation in Ca Mau Province - SNV/MAM2”