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Activity name (as stated in the original proposal): Activity 2.3: Support application of tools to improve prosecutions of wildlife crimes with adequate sentencing
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Service (to be performed): Develop the report on “Reviewing the provisions of the Criminal Procedure Code applied in the settlement of criminal cases related to wildlife in Viet Nam”.
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Location of Service provided: Virtual/Email
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Duration of Service’s performance: June-July 2023
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Background:
Recently, Viet Nam has made many efforts to improve the legal framework for wildlife protection through amending and promulgating new legal regulations in line with domestic law requirements of the provisions of the international conventions, which Viet Nam has joined as a member as well as the practical requirements on combating and preventing crime. In addition, the authorities have issued new Decrees and guiding circulars to amend, supplement and guide the implementation of legal regulations related to wildlife protection. These documents have partly resolved the remaining legal issues in wildlife protection activities and dealt with violations in the previous period.
In 2021, the Criminal Code 2015 was amended and supplemented to resolve some inadequacies in settling criminal cases. However, the content of Criminal Code 2015 (amended and supplemented) has not identified typical issues to assist authorities in criminal settlement related to wildlife effectively.
In this context, WCS Viet Nam would like to recruit an experienced expert to support and develop the report on “Reviewing the provisions of the Criminal Procedure Code applied in settlement of criminal cases related to wildlife in Viet Nam.”
2. Objectives:
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Identify difficulties in the process of implementing and applying regulations of the Criminal Procedure Code;
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Find out the gap and legal conflicts between the Criminal Procedures Code’s regulations and other relevant regulations;
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Identify typical issues that need to be noticed by authorities in settlement of related wildlife criminal cases;
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Propose possible solutions or amendments to current regulations for effectively improving the Criminal Procedure Code in practical application
3. Description of work:
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Activities
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Outputs/ deliverables
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Completed by
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1) Develop the report outline:
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Develop the report outline, including layout, research scope, main contents of the report and progress of report development;
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Finalized the report outline based on WCS’s comments.
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01 finalized
report outline
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June 2023
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2) Researching, analyzing and developing the draft report:
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Summarize, and analyze the provisions of the Criminal Procedure Code applicable to the settlement of cases related to wildlife;
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Summarize of difficulties and obstacles in the implementation of the Criminal Procedure Code;
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Provide recommendations:
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Discuss and consult with WCS during the draft report development process to update the contents as needed.
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01 draft report
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June-July 2023
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3) Finalize report:
Review, adjust and finalize the report's content based on WCS’s comments.
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01 final report
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July 2023
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Total allotted time (total working days): Based on the consultant’s proposal and the agreement between WCS and the consultant.
4. Requirements (selection criteria):
1. Must have Master/Doctorate degree in Law or other relevant fields;
2. Must have at least 15 years experience working in doing research and/or teaching on the Criminal Procedure Code; analyzing and evaluating legal documents; especially related to the provisions of the Penal Code and the Criminal Procedure Code;
3. Having experience researching issues related to the laws on wildlife protection and handling violations on wildlife protection in Viet Nam, with proof of at least two analysis presentations/materials/reports.
5. Application procedure:
Interested candidate(s) are invited to send to vietnamconsulting@wcs.org before 17:00 of 20 June 2023
1. An updated CV with proof of relevant research products
2. Proposed working days and daily rates in VND, including all taxes and fees
Note: Only shortlisted candidate(s) will be contacted