Position: Short-term group consultancy Develop the Document “Point to Prove – A reference guide for legal application in the prosecution and supervision of settlement of wildlife related cases”
Activity name (as stated in the original proposal): Develop “Points to Prove” - a quick guide for prosecutors in wildlife crime cases
Service (to be performed): Develop the Document “Point to Prove – A reference guide for legal application in the prosecution and supervision of settlement of wildlife related cases”
Location of Service provided: Hanoi, HCMC and other provinces and/or virtual/email.
Duration of Service’s performance: 8/2021 – 6/2022
WCS’s person in charge (PIC): Luong Thi Hien- Program Officer (Policy and Legal)
I. Background:
In recent years, crimes in general and wildlife crimes in particular tended to increase in number and complexity of nature and extent. Vietnam has amended, supplemented and promulgated various new legal documents in this field, including the 2015 Penal Code (amended and supplemented in 2017). In the process of implementing the Penal Code and guiding documents, besides perceived advantages, there are still many difficulties and obstacles related to the prosecution of wildlife crimes. Up to now, Hanoi Procuratorate University has developed and completed the Curriculum and Handbook on wildlife crimes, however, the content of the Curriculum is still academic, the Handbook still follows the form of explanatory document, not presented briefly in the form of tables for easy research and reference; at the same time, only two types of crimes have been analyzed, including the crime of violation of regulations on wildlife protection (Article 234 of the Penal Code) and the crime of violation of regulations on protection of endangered, precious and rare animals (Article 244 of the Penal Code); majority of questions on difficulties have not been specifically answered.
Currently, many countries in the world have been successfully applying the method of building tables "Point to Prove" (hereinafter referred to as P2P) - as a "tool for analysis of the case” in a comprehensive manner for all crimes related to wildlife in order to avoid omitting the crime. For example, with the application of P2P, according to the Attorney General of Kenya, in 2018 the prosecution rate increased from 24% to more than 84%; or in Botswana the rate of imprisonment for ivory-related cases increased from 13% to 92% within only two years. P2P content of these countries is briefly presented in a way that is convenient to look up each wildlife crime prescribed in different laws, for example, Law on Wildlife Management and Conservation, Law on Crime of corruption, Law on Crime of Money Laundering,…
During WCS’s research process, in order to meet the requirements of wildlife protection as well as contribute to the prevention of zoonotic diseases transmitted from illegally traded wildlife species, WCS realized that it is time for Vietnam’s law enforcement agencies to consider building and applying a P2P model with brief, concise and synthesized instructions on how to apply the law, answering questions of difficulties for prosecutors in their process of handling wildlife related cases.
In order to achieve the above objectives, WCS is looking for a group of experts to develop the
"Point to Prove - A reference guide for legal application in the prosecution and supervision of settlement of wildlife related cases." (hereinafter referred to as P2P Guide).
II. Objectives:
● Develop and issue P2P Guide on the basis of international P2P.
● Synthesize and answer difficulties and obstacles in the process of prosecuting and supervising the investigation, prosecution and adjudication of wildlife related cases.
III. Description of work:
Total allotted time (total working days): 105 days
| Activities | Outputs/ deliverables | Completed by | Allotted time (# of days) |
| 1. Research and develop the draft Outline of P2P Guide ● Collect and synthesize documents guiding the settlement of wildlife-related cases in Vietnam. ● Research international P2P and propose to develop a draft P2P Guidelines. | 01 draft Outline | Sep 2021 | 20 days |
| 2. Consult experts on the draft Outline ● Send the draft Outline and synthesized reference documents to 5 Vietnamese experts as external reviewers. ● Collect the written feedbacks from these 5 Vietnamese experts as external reviewers. ● Research and finalize the draft Outline. | 01 explanatory report; 01 final Outline | Oct 2021 | 15 days |
| 3. Research and develop the P2P Guide ● Research and develop a draft of the content of the P2P table and Instruction Manual on using P2P table. ● Synthesize relevant questions on difficulties in applying the law related to wildlife cases reported by the local Procuracy and draft the answers to questions compiled. | 01 report of synthesized questions; 01 draft P2P Guide | Dec 2021 | 35 days |
| 4. Consult for the completion of the P2P Guide ● Organize expert consultation on the draft P2P Guidelines. ● Organize 01 consultation Workshop on the draft P2P Guidelines. ● Research and finalize the P2P Guide. | 01 consultation workshop held 01 final P2P Guide | Mar 2022 | 25 days |
| 5. Print and publish P2P Guide Edit, print the final P2P Guide and distribute to 63 Provincial People's Procuracy and related agencies, organizations and individuals. Format: Printed documents and soft copies in pdf format (Ebook). | 1000 P2P Guide printed and delivered | Jun 2022 | 10 days |
IV. Requirements (selection criteria):
1. Graduate/postgraduate degree in law, criminology or related majors.
2. Knowledgeable of the criminal justice system, especially relating to wildlife crimes in Vietnam;
3. Having relevant research skills and experience in criminal justice; experience in scientific research and management, development of legislations and implementation guidance in the People's Procuracy system, particularly related to provisions of the Penal Code and Criminal Procedure Code.
4. Priority is given to procurators currently working in the People's Procuracy system.
Application procedure:
Interested candidate(s) are invited to contact WCS for templates and send their
(i) Technical proposal (Link)
(ii) Financial proposal (Link)
(iii) Resume(s) (Link)
to vietnamconsulting@wcs.org before 17:00 of 23 August 2021.
Note: Only shortlisted candidate(s) will be contacted