TERMS OF REFERENCE “Strengthening the Capacity of the Vietnam Lawyers Association”

I.              Background

Aiming to enhance “capacities and mechanisms for local associations, organizations and other non-state actors to actively involve in, oversee and contribute to the reform process”[1], UNDP Viet Nam has launched its initial support to the Vietnam Lawyers Association under a project entitled “Strengthening the capacity of the Vietnam Lawyers Association (VLA)” in September 2006.  The Project’s overall objective was to strengthen the VLA capacity to play an active role in the ongoing legal and judicial reform process in Viet Nam over a three year period.

With the current project drawing to an end by December 2009, UNDP in coordination with the VLA is commissioning an external review of the project against its objectives which also aims to identify possible options and scenarios for future support to local associations, organizations and other non-state actors in furthering the reform process and civil society development in Viet Nam.

In order to assist UNDP and VLA on this final project evaluation, a team of one international and two national consultants will be engaged according to these Terms of Reference (TOR).

II.            Objective

The consultant team shall work with UNDP and VLA to assess the current project accomplishments, lessons learned; and to recommend possible options and scenarios for UNDP to program its future support.

III.           Expected output

The final output of this assignment will be a mission report to be submitted to UNDP within four (4) weeks after fieldwork in Viet Nam. The report should focus on the followings which are also seen as the consultants’ specific tasks:

(i)            providing an overall stock-taking and assessment of the project achievements as well as shortcomings and constraints, impacts and sustainability of the Project against  its expected  outcomes;

(ii)           drawing lessons learned on all aspects of project management and implementation including but not limited to issues of aid coordination, implementation modalities and institutional arrangement;

(iii)          providing an overall assessment on current development context of the society and civil society organizations[2], their involvement in policy making and advocacy, promotion of access to justice and protection of rights at national/sub-national level; and

(iv)         suggesting options and possible scenarios for VLA and UNDP’s consideration for support in the coming years..

IV.          Methodology

It is proposed that the Evaluation will be a participatory exercise considering the views and suggestions of a wide range of stakeholders and beneficiaries within and outside the context of the Project.

Therefore, the following roadmap is suggested to be taken by the team:

• Desk studies of all materials relevant to evaluate the project outputs and outcomes (see Annex of the TOR for a suggested reference list). Methodology and working agenda of mission are to be worked out in agreement with UNDP and VLA
• Working agenda of the mission to be sent to UNDP and the VLA’s Project Management Unit (PMU) for arrangement of meetings
• Field visit and interviews of organizations/individuals as suggested by project stakeholders
• Presentation of the team’s initial findings and recommendations at a stakeholder workshop at the end of the mission in Viet Nam
• Drafting the first draft report to be sent to UNDP within two (2) weeks after the mission in Viet Nam
• Completion of the final report incorporating comments and suggestions from project stakeholders on the earlier draft

V.            Mission arrangement

·         Timetable:

o   The mission to be conducted during July-September 2009 and start as early as practical arrangements allow

o   Number of working days for each consultant: a total of 22 working days including both home-based and fieldwork in Vietnam

·         The team composes of one international (team leader), one national specialist and one national resource person to be recruited on individual basis and have clearly defined roles and tasks required qualifications (see Section VI of this TOR)

·         Reporting:

o   The team will report to UNDP through the focal point – UNDP Programme Officer for legal/judicial reform during the assignment

o   The team is fully responsible for its independent report which may not necessarily reflect the views of the VLA, Government, UNDP or other donors

VI.          Consultants’ specific responsibilities and qualifications

6.1 The international consultant – team leader will have the overall responsibility for the quality and timeliness of the entire assignment. S/he will supervise and lead the team in all aspects of the work, in particular of the followings:

·         Defining methodology for the assignment

·         Presenting the team’s key findings, lessons learned and recommendations at a stakeholder meeting (at the end of the mission in Viet Nam)

·         Drafting, editing and completing the assignment report

Qualifications of the international consultant – team leader:

·         Advanced university degree in law, public administration, political science, or related field

·         A minimum of 12 years of relevant professional experience in governance reform, experience in the area of legal/ judicial reform and/or CSO development is highly desirable

·         In-depth understanding of democratic governance issues in Asia and/or countries in transition. Previous work experience in Viet Nam is a distinct asset

·         Knowledge of donor support work in developing countries is essential

·         Strong analytical, conceptualization, presentation and facilitation skills;

·         Excellent team leadership and proven ability to work with diverse stakeholders in politically sensitive areas.

·         Strong English proficiency, both written and spoken

6.2 The national specialist will be supervised by the team leader and work closely with the national resource person, and in particular, will be responsible for

·         Providing contextual and substantive inputs to the team leader on all outputs under this TOR

·         Verification of information as required by the team leader

·         Realizing other tasks including semi-product reports as specified/assigned by the team leader

Qualifications of the national specialist:

• Advanced university degree in law, public administration, political science, or related field;
• A minimum of 12 years of relevant professional experience in governance reform, experience in the area of legal/ judicial reform and/or CSO development is highly desirable;

·         Extensive experience in institutional capacity building, and training and learning for legal and judicial officials;

·         In-depth knowledge of the legal and judicial system of Vietnam and donor assistance in the sector;

·         English proficiency is a must.

6.3 The national resource person will be supervised by the team leader and work closely with the national specialist, and in particular will be responsible for

·         Providing programmatic inputs to the team leader on all outputs under this TOR

·         Facilitation of all working sessions of the mission with key stakeholders including interpretation for working sessions and translation of documents as might be required.

·         Realizing other tasks including semi-product reports as specified/assigned by the team leader

Qualifications of the national resource person:

• Advanced university degree in law, public administration, political science, or related field;
• A minimum of 8 years of relevant professional experience in governance reform, experience in the area of legal and judicial reform is highly desirable;

·         Good knowledge of the legal and judicial system of Vietnam and donor assistance in the sector;

·         English proficiency is a must.

ANNEX:

1. List of document to be reviewed by the mission, including but not limited to

• Project document
• Annual work plans and progress reports
• Project-printed products and non-printed consultancy reports
• Relevant documents on LSDS, JRS and its Action Plans
• Relevant documents on VLA mandate, and implementation of Gov’s regulations on civil society organization

2. Suggested organizations/individuals to be met with during the mission

The team will work in Hanoi and visit two other provinces in Viet Nam (to be decided).

In Hanoi, they should meet with:

• Project Director (VLA president);
• Project Manager and PMU members
• Hanoi VLA:

- Chairman of the Hanoi VLA

            - Director and staff of the Legal Consultancy Center under central VLA

- Director and staff of Center advising on HIV/Aids policy and law;

• Donors who actively support VLA/ legal aid/ CSOs in Viet Nam
• Vietnam Bar Associations
• Hanoi Bar Association
• MOJ’s National Legal Aid Agency
• Other CSOs (if necessary)
• Lawyers and law academics
• Ordinary VLA members in Ha Noi

In two selected provinces the team should meet with:

• Chairman of the provincial VLA
• Director and staff of the Legal Consultancy Center under provincial VLA
• Provincial bar associations and other organizations actively providing legal/legal aid services to local residents
• Ordinary VLA members in the provinces