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Service (to be performed): Research on international experience (legal regulations and practices) in handling the pangolin scale-related cases and recommendations for Viet Nam
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Location of Service provided: On-site and selected province/city
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Duration of Service’s performance: Sep 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 with research on international experience (legal regulations and practices) in handling pangolin scale-related cases and recommendations for 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 and identify the appropriate regulations and best practices of some countries in handling pangolin scale-related cases.
- Propose changes to improve the current Vietnamese 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. Desk review, including but not limited to relevant legal regulations, procedures and court verdicts/decisions of Viet Nam regarding pangolin scales to identify difficulties law enforcement agencies in the handling process
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A research report on international experience (legal regulations and practices) in handling the pangolin scale-related cases, including recommendations for Vietnamese legislation
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January 31, 2025
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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 activity completion
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2. Based on the identified issues of Viet Nam, conducting research into experiences (legal regulations, practical application, good practices, etc.) of a number of countries in Africa (for example: South Africa, Nigeria, Angola, Mozambique, etc.) and Asia (for example: China, Thailand, Singapore, Malaysia, etc.) in handling violations related to pangolin scales.
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3. Development of draft report and consultation on the draft report, including but not limited to collecting comments from WCS Viet Nam, its domestic and international expert.
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4. Finalization of the report and presentation delivery at least 02 WCS Viet Nam’s technical workshops.
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Presentation and facilitation of relevant discussion on the research report of international experience in at least 02 WCS Viet Nam’s workshops
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5. Technical contribution to the draft guidelines or proposal on handling the pangolin scale cases in Viet Nam based on the research result
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Technical inputs to draft guidelines or proposal on handling the pangolin scale cases in Viet Nam
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February 14, 2025
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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:
IV. Team leader (1 person):
- Having Bachelor/Master degree in Law and other relevant fields
- At least 10 years of experience in legal research or law training on criminal or international law
- Having skills in researching, analyzing, assessing legal documents, and related literature and developing analytical reports
- Understanding wildlife protection law of Viet Nam
- Be proficient in English
Team member(s) (1-2 person):
- Having Bachelor/Master degree in Law and other relevant fields
- Having 5-7 years of experience in legal research
- Having skills in researching, analyzing, assessing legal documents, and related literature and developing analytical reports
- Understanding wildlife protection law of Viet Nam
- Having a good command of English
V. Application procedure:
Interested candidate(s) are invited to send to vietnamconsulting@wcs.org before 17:00 of 28 Aug 2024
1. A technical proposal with detailed methods to achieve the output/deliverables mentioned in section III.
2. Personnel plan and updated CVs with relevant working experience and products of all participants to the project (link to or soft copies)
3. Financial proposal (in VND, estimated total number of working days and daily rates, including all taxes and fees such as personal income tax, VAT, etc.)
Note: Only shortlisted candidate(s) will be contacted