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Service (to be performed): Develop judicial guidelines for handling pangolin scale trafficking cases in Viet Nam
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Location of Service provided: On-site and selected provinces/cites
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Duration of Service’s performance: Aug 2024 – Jan 2025
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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. 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 applying 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 law enforcement and judicial agencies in similar criminal cases. Particularly in the handling of cases related to pangolin scales, relevant agencies still face many difficulties in valuation, species identification, determination of crimes, application of penalties, handling of evidence, etc.
In this context, WCS is looking for a consulting group to support us in researching and developing judicial guidelines for handling pangolin scale trafficking cases in Viet Nam.
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 law in adjudicating cases related to pangolin scales
- Propose solutions to improve and overcome conflicts and loopholes in the current legal system applied in handling violations related to pangolin scales.
III. 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 a desk review, including but not limited to relevant literature and court verdicts
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- Two reports (A case review and field trip report) on the handling of pangolin scale trafficking cases and legal application
- List of court verdicts and decisions from pangolin scale trafficking cases used in report development
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October 30, 2024
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To be determined according to the consultant 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. Verifying information at relevant local-level agencies
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3. Developing of draft guideline
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A final guideline for handling pangolin scales trafficking cases
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Jan 31, 2025
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4. Consulting with relevant experts and authorities on the draft guideline, including but not limited to organizing meetings, workshops, etc.
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5. Finalizing the draft guideline and proposing it to the competent agencies for promulgation or providing guidance on its application.
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Total allotted time (total working days): To be determined according to the consultant 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
- Have 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 on 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
- Having skills in researching, analyzing, assessing legal documents, and related data and developing analytical reports
- Having an understanding of the situation of handling violations of regulations on wildlife protection in Viet Nam.
V. Application procedure:
Interested candidate(s) are invited to send to vietnamconsulting@wcs.org before 17:00 of 25 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 to 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