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Service (to be performed): Research, review, and synthesize the application of laws in wildlife criminal cases in the period of 2022-2023
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Location of Service provided: On-site and selected provinces/cites
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Duration of Service’s performance: Aug-Sep, 2024
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I. Background:
Over the past years, Viet Nam has demonstrated tremendous efforts to improve the national legal framework for better protection of wildlife species. The Penal Code 2015 (amended in 2017) and the Resolution 05/2019.NQ-HDTP guiding the implementation of Article 234, 235 of the Penal Code, and Case Law No. 58/2023/AL on the circumstances determining the penalty level at Point c, Clause 3, Article 244 of the Penal Code. These documents have addressed many shortcomings in the practice of handling wildlife cases by law enforcement and judicial agencies.
However, after a few years of implementing these new provisions in handling violations against wildlife protection regulations, the investigation, prosecution and adjudication have revealed some gaps and loopholes in the current legal framework. This has led to inconsistent application of laws by judicial agencies in similar criminal cases.
In this context, WCS is looking for a consulting group to support us in researching, reviewing, and synthesizing the application of law in wildlife criminal cases in the period of 2022-2023.
II. Objectives:
A group of consultants will cooperate with WCS Viet Nam and its partners to carry out activities aimed at the following objectives:
- Research, review, and synthesize practical application of laws in adjudicating wildlife crime cases in the period 2022-2023;
- Propose solutions to improve and overcome conflicts and loopholes in the current legal system applied in handling wildlife violations.
- Description of work:
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Activities
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Outputs/ deliverables
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Completed by
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Allotted time
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Payment schedule
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1. Conducting case review, including but not limited to relevant court verdicts and court decisions
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List of court verdicts and decisions on wildlife crime cases in the period of 2022-2023
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Aug 30, 2024
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To be determined according to the consultancy proposal and agreed by WCS
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Payment will be made after the deliverables are submitted to and approved by WCS
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2. Analysing of issues, including but not limited to current regulations and results of the case review
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List of identified gaps and limitations in legal regulations and inconsistencies in the application of wildlife protection laws
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3. Verifying of information at relevant local-level agencies
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Trip reports
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Sep 25, 2024
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4. Developing and finalization of the review report
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A review report on the application of law in adjudicating wildlife criminal cases in the period of 2022-2023, including recommendations for amending/improving relevant regulations.
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Total allotted time (total working days): To be determined according to the consultancy proposal and agreed by WCS
- IV. Requirements (selection criteria):
The consultant group responsible for coordinating with WCS Viet Nam and partners to implement the activities must meet the following criteria:
01 Team leader:
- Having Bachelor/Master’s degree in law, Court, Procuracy, and other relevant fields
- At least 10 years of experience in law enforcement or legal research
- Having experience in the development of
guidance for judicial officers
- Having skills in researching, analyzing, assessing legal documents, and related data and developing analytical reports
- Having strong communication and working relationships with local enforcement agencies
- Having an understanding of the situation of handling violations of regulations on wildlife protection in Viet Nam.
02 Team members:
- Having Bachelor/Master degree in Law, Court, Procuracy, and other relevant fields
- Having 3-7 years of experience in law enforcement or legal research
- Having experience in the development of guidance for judicial officers
- Have skills in researching, analyzing, assessing legal documents, and related data and developing analytical reports
- Having an understanding of the situation of handling violations of wildlife protection regulations in Viet Nam.
V. Application procedure:
Interested candidate(s) are invited to send to vietnamconsulting@wcs.org before 17:00 of 16 Aug 2024
1. A technical proposal with detailed methods to achieve the outputs/deliverables mentioned in section III.
2. Personnel plan and updated CVs with relevant working experience and products of all participants in the project (links or soft copies)
3. Financial proposal (in VND, estimated total number of working days and daily rates for each member, including all taxes and fees such as personal income tax, VAT, etc.)
Note: Only shortlisted candidate(s) will be contacted