National Consultant for Review of ODA Regulations and Implications to UN Viet Nam

Result of Service a) Inception report outlining the methodology, timeframe, outline, a workplan and key contents of the reviews. b) Draft and final report on Review of ODA regulations and implications to UN Viet Nam, including the following main components: 1. A mapping of existing ODA-related regulations in Viet Nam in which highlights: o linkages among different legal documents o areas of ambiguity in different relevant legal documents o different interpretations and inconsistent practices (if any) by line ministries 2. A list of Frequently Asked Questions (FAQ) on ODA regulations to clarify ODA concepts and procedures as regulated in the existing legal framework and to the consultants’ understanding 3. A review on ODA management practices in Viet Nam and the UN ODA appraisal, approval and management processes in Viet Nam, with clear evidence and consequences of delays (if any). This also includes 2-3 case studies on 2-3 UN projects with most delay to draw specific evidence on time, reasons, and costs of delay as well as solutions applied (if any) 4. A snapshot on ODA management in other countries, especially in the Asia-Pacific region, focusing on analyzing differences with the practices in Viet Nam 5. Recommendations on feasible options to be implemented by the UN and the Government to overcome challenges and improve the situation. Deliverables/Outputs (in English) Estimated duration to completion Target due dates a. Inception report 5 days Mid Dec 2022 b. Draft Report 10 days Mid Jan 2023 c. Presentation of draft report to UNCT 1 day Mid Jan 2023 d. Final Report 5 days End Jan 2023 e. Presentation of final report to UNCT 1 day Feb 2023

Work Location home-based

Expected duration Dec. 2022–Feb. 2023

Duties and Responsibilities The consultancy aims to (i) identify legal challenges/barriers which are currently preventing or have the potential to prevent timely and efficient appraisal, approval, and implementation of UN ODA projects/support, and (ii) suggest feasible options to the UN and the Government to work together to improve the situation (such as having a separate decree or section in the ODA decree to regulate the UN ODA grants). In order to do so, the consultancy will: 1. Review the existing ODA-related regulations in relevant laws and under-law legal documents, and linkages among different legal documents. This also includes the production of Frequently Asked Questions (FAQ) on ODA regulations to clarify ODA concepts and procedures as regulated in the existing legal and regulatory framework and to the consultants’ understanding. 2. Identify areas of ambiguity in different relevant legal documents 3. Identify different interpretations and inconsistent practices/requirements (if any) by line ministries 4. Review ODA management practices in Viet Nam and the UN project/support appraisal, approval and management processes in Viet Nam, with clear evidence on processes and costs of delays (if any). Conduct 2-3 case studies on 2-3 UN projects with most delay to draw specific evidence on time, reasons, and costs of delay as well as solutions applied (if any). 5. Review ODA management practices in other countries (with possible inputs from regional DCO) especially in the Asia-Pacific region. 6. Consult with relevant stakeholders and suggest feasible options to be implemented by the UN and the Government to overcome challenges and improve the situation. In order to implement the above, the consultancy will carry out a desk review of existing legal and project/programme documents and meetings with the UN (including the UNCT and relevant UN project/programme managers) agencies, implementing agencies of UN projects/programmes, and relevant ODA management agencies including the 4 Government Aids Coordination Agencies (MPI, MOF, MOFA, and OOG) when necessary and required by the UN. The consultant team consists of one international consultant (lead) and one national consultant (member), each for 22 days.

The International Consultant (team leader) will lead the entire review, working closely with the team member. He/she will conduct the review in a timely manner and communicate with the RCO on a regular basis and highlight progress made/challenges encountered. The team leader will be responsible for: - Conducting above Task 5 and 6; - Contributing to above Task 1, 2, 3 of as relevant; and - Producing the inception report, the draft and final reports, and the presentations. The National Consultant (team member) will contribute to the review substantively through data collection and analysis with expected strong input on relevant tasks as follows: - Conducting above Task 1, 2, 3; - Contributing to above Task 5 and 6; and - Providing substantive inputs to the inception report, the draft and final reports, and the presentations.

Qualifications/special skills - Master’s degree in laws, international development, public policy, public finance, economics, business administration, social sciences or related fields. - A minimum of 7 years of professional experience specifically in the area of legal affairs, development and development financing, ODA managements; - Knowledge of ODA regulations and management in Viet Nam - Understanding of the ODA and development financing context in Viet Nam - Experience of UN system operations and financing - Intensive knowledge of ODA regulations and practices in other countries as an asset

Languages - Fluency in spoken and written English.

Additional Information Currently, UN ODA grants to Viet Nam are mainly regulated by ODA-related legal documents including the Law on State Budget (2015), Law on Public Investment (2019), the Government’s Decree 114 (16 Dec 2021) on ODA management and utilization, the Government’s Decree 50 (2020) on management of non-refundable emergency aid for disaster relief and recovery, and Ministry of Finance (MOF) Circular 23 (April 2022) on financial planning and management regulations specifically for ODA grants

There have been efforts by the Government to review and revise ODA regulatory documents, especially the ODA Decree (2 times between 2019-2021). In practice, the current ODA-related legal framework has still resulted lengthy processes in project appraisal, approval and implementation of UN projects/programmes, leading to significant delays especially in 2022. Approval of projects takes between 6 and 18 months. By law, UN grant ODA is considered state revenue as integral part of Line Agencies’ budget and following all government planning, monitoring (by the State Treasury) and reporting procedures. UN projects with construction/procurement procedures are also regulated by the Law on Public Investment which is much more complicated and time-consuming. Other issues relating to projects considered sensitive, with CSOs, 100% secured budget upfront, and no regulations for “umbrella project” are considered to make project processes much lengthier and more complex. At the same time, UN agencies have been receiving different guidance from different ministries. This situation creates the high risk of losing funding opportunities to Viet Nam.

The UN Viet Nam together with the Government start implementing the new UN Sustainable Development Cooperation Framework 2022 – 2026 (CF) in 2022 with the funding gap accounting for about 50% of the CF budget. Therefore, the resource mobilization task is very important to ensure that the CF is fully funded and achieved its intended results. In the CF first year of 2022, by October, the UN has been able to mobilize USD 102 million, accounting for almost 1/5 of the total estimated CF budget, which is considered meeting the annual resource mobilization target. However, it’s expected that the fund disbursement will be low due to delays in project appraisal and approval.

In order to have a comprehensive picture of the ODA regulations and their implication to the UN work in Viet Nam, the UNCT agreed to conduct an in-depth review of national ODA regulations and implications to the operations of the UN in Viet Nam. In parallel, the UNCT will be preparing a mapping of issues experienced in the review, approval and implementation of agency projects and programmes, which will be provided as input to the study. The study will be commissioned as a consultancy for one international ODA expert and a national legal expert, the assignment for which these TORs have been prepared.

No Fee THE UNITED NATIONS DOES NOT CHARGE A FEE AT ANY STAGE OF THE RECRUITMENT PROCESS (APPLICATION, INTERVIEW MEETING, PROCESSING, OR TRAINING). THE UNITED NATIONS DOES NOT CONCERN ITSELF WITH INFORMATION ON APPLICANTS’ BANK ACCOUNTS.