|Overview : |
[RE-ADVERTISED] UNDP Vietnam is seeking for 02 National Consultants to support for civil matters in ensuring the rights of women and children under the EU Justice and Legal Empowerment Program in Viet Nam (EU JULE)
The current Law on Mutual Legal Assistance (LMLA) was promulgated in 2007. The law stipulates principles, competencies, and procedures of executing legal assistance in civil and criminal matters. It also sets out regulations relating to the extradition and transfer of a sentenced person between Viet Nam and a foreign country. Responsibilities of related state agencies of Viet Nam in providing and receiving the mutual legal assistance are also covered in the Law.
In the civil context, the LMLA plays an important role in connecting related individuals and organizations for the proceedings that are conducted not only in Viet Nam but also abroad. Especially in family related matters, the LMLA provides the entitlements of parties in disputes to understand their rights, and to know how to protect them. This Law has been in effect for more than 10 years, which has exposed many inadequacies and gaps. One of the shortcomings includes the fact that the existing Law covers too many legal fields while not being comprehensive on any. Cumbersome procedures present another challenge. In addition, the current provisions have made it difficult for Viet Nam to comply with one of the principles of international law, which is the principle of reciprocity as well as the application of foreign law in carrying out mutual legal assistance, where applicable. These limitations of the existing law, if not improved, would undermine the requirements for legal and judicial reform, as well as for the international integration process of Viet Nam. This leads to the ineffective resolution of civil cases with foreign elements as well as the timely protection of legitimate rights and interests of citizens.
In 2018, the Government of Viet Nam assigned the Ministry of Justice to draft a separate bill on mutual legal assistance in civil matters. The new bill will aim at overcoming the inadequacies of the current law and responding more adequately to the reality. To fulfil this important assignment, the Ministry of Justice will need to submit a policy proposal to the Government in early 2020. .
The new draft Law on mutual legal assistance in civil matters intends to meet international standards and support the effective handling of civil, marriage and family cases with foreign elements. Therefore, it will protect the legitimate rights and interests of parties, especially of the weaker parties who are often women and children. This enhancement will help improve the integrity and transparency of the judiciary and strengthen the rule of law through a more reliable and better-accessed justice system in Viet Nam.
In such context, under the EU JULE Program, UNDP and the MOJ.DIL commission a team of two national consultants to conduct an study on the implementation of the LMLA, focusing on mutual legal assistance in civil matters for vulnerable groups, such as women and children (hereinafter referred to as “the study”). The outcome of this study is expected to provide a comprehensive assessment in order to establish a strong foundation for the future drafting of the bill on mutual legal assistance in civil matters for Viet Nam.
Interested offerors are invited to submit CVs, financial proposals and other information following guidance in the Procurement Notice to:
UNDP Viet Nam
304 Kim Ma, Ha Noi, Viet Nam
Tel: (+84 24) 38500100
Direct: (+84 24) 38500195
with notification by email (without attachment) to: firstname.lastname@example.org that the bidder has submitted proposal.
UNDP will not be responsible for the missing of proposal if the bidder does not send notification email to above address.
Deadline for submission: 23.59, 23 February 2020 (Hanoi time)