National Consultant - Support the Development of 3 Case Studies on Good Practices in Combatting Corruption in Business at the Sub-National Level in Lao PDR

Contract

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Background

Lao PDR ratified the UN Convention Against Corruption in 2009 and, over the past decade, issued a number of anti-corruption laws to domesticate the Convention, including Law No.27 Against Corruption, Law No.50 on Anti-Money Laundering and Combatting the Financing of Terrorism, and Decision No. 1124 on Prohibitions and Disciplining State Employees in the Finance Sector. The Lao Penal Code also includes a stand-alone chapter on corruption and bribery. The OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions is yet to be ratified by the Government.

The enforcement of the existing anti-corruption regulatory framework remains weak in Lao PDR. In 2021, the country ranked 134/180 countries in the Transparency International Corruption Perception Index with a transparency score of just 29, becoming the 3rd most corrupt country in ASEAN. The 9th National Socio-Economic Development Plan (NSEDP) (2021-2025) includes “increasing Lao PDR’s ranking in Corruption Perception Index by 2025” among the key implementation priorities for public governance.

National and international businesses have repeatedly identified corruption as a problem in the business environment and a major detractor for international business enterprises exploring investment or business activities in the Lao market. The Study on “Economic Governance for Business development in Lao PDR”, conducted by ADB in 2019, suggests that 2/3 of businesses in the country must pay informal charges to ensure their business operations. According to ADB, on average, these informal charges account for 5.6% of a business enterprise’s revenue.

PROJECT DESCRIPTION:

UNDP CO in Lao PDR: Guided by the global UNDP Strategic Plan (2022 – 2025) and UNDP Country Programme for Lao PDR (2022 – 2026), the UNDP Country Office (CO) in Lao PDR works closely with the line Ministries, mass organizations, civil society, development partners, and the private sector at both national and sub-national levels in pursuit of the national socio-economic development priorities defined in Lao PDR’s 9th NSEDP and localized Sustainable Development Goals (SDGs). The UNDP CO’s work is strongly focused on the provision of policy advice and technical support to the Government in the design and implementation of national legislation and strategies across 4 broad Priority Pillars: (1) inclusive growth and reduced inequalities; (2) UXO clearance and risk education; (3) natural resources, climate change, and disaster risk reduction; as well as (4) effective, responsive and accountable governance.

UNDP CO, Governance Unit: The UNDP CO’s programming on effective, responsive, and accountable governance, inter alia, focuses on the provision of policy advice and technical support to the Government to: (1) enhance the rule of law and access to justice; (2) strengthen the role and capacities of the National Assembly and People’s Provincial Assemblies; (3) streamline the public administration reform and national initiative on decentralization (Sam Sang Directive); as well as to (4) expand public participation in the national policy- and decision-making.

UNDP Governance Unit, Anti-Corruption: In the area of the rule of law and access to justice, UNDP Governance Unit, inter alia, partners with the Lao National Chamber of Commerce and Industry (LNCCI), International Chambers, and individual businesses domiciled in Lao PDR to strengthen business integrity and transparency through the country-level implementation of the UNDP regional project “Promoting a Fair Business Environment in ASEAN” (“Fair Biz”), funded by the Government of the UK. The regional Project is currently implemented in 7 countries in South-East Asia and aims to: (1) facilitate regional collaboration, (2) establish rules for fair business, (3) improve public procurement transparency, and (4) encourage responsible business practice.

In the framework of the “Fair Biz” Project in Lao PDR, in 2022, UNDP CO seeks to achieve the following objectives:

1. Document and analyze good practices in combatting corruption in business at the sub-national level;
2. Recommend strategies and measures required to reduce corruption in business at the sub-national level;
3. Inform the implementation of Lao PDR’s COVID-19 Socio-Economic Recovery Plan and the development of a National Action Plan on Responsible Business Practice.

OBJECTIVE

The overall objective of the assignment is to lead the development of 3 Province-specific Case Studies on good practices in combatting corruption at the sub-national level in Lao PDR, with the focus on the following research questions:

Businesses:

• What is the prevalence, types, frequency, and motivation behind corruption experienced by businesses operating in the selected Province? Is there a correlation between business profiles (size, industry, ownership, number of countries of operation, competitive pressure, gender and age of the CEO, etc.) and the level of exposure to corruption in the selected Province?
• What is the level of anti-corruption legal awareness among businesses operating in the selected Province? What is the level of tolerance for corruption by businesses operating in the selected Province? Is there a correlation between legal awareness and tolerance for corruption in the selected Province?
• What are internal anti-corruption mechanisms established by businesses operating in the selected Province?

Sub-National Authorities:

• What is the effect of corruption on economic activity and performance in the selected Province?
• What strategies and measures are recommended to sub-national authorities for reducing corruption in business in the selected Province.

The Case Studies shall be developed through a desk review, as well as quantitative and qualitative methods of primary data collection from at least 3 Provinces. The selection of target Provinces and recommended strategies and measures shall be informed by good practices from the Provinces ranked high in the ADB’s Study on “Economic Governance for Business development in Lao PDR”. Each Case Study shall obtain a representative sample of businesses reflecting the diversity of their profiles.

Duties and Responsibilities

SCOPE OF WORK

The National Consultant will work under the supervision of the UNDP Team Leader for Governance, and will be supported by technical advice and guidance from the International Consultant procured for the same service.

The tasks of the National Consultant will include:

1. Lead the production of an outline, methodology, and research plan of the Case Studies for UNDP’s and LNCCI’s review:

• Draft an outline of the Case Studies which shall at least include responses to the research questions listed above;
• Develop a research methodology and plan specific activities under the assignment, including the selection of the target Provinces and potential interviewees.

2. Lead preliminary desk research to identify available data and existing analysis against the approved outline and methodology of the Case Studies.

3. Lead the preparation and facilitation of primary data collection in the selected Provinces to verify and complement the preliminary desk research with: (1) Individual businesses operating in the selected Provinces; and (2) sub-national authorities in the selected Provinces.

4. Lead drafting of the Case Studies for UNDP’s and LNCCI’s review.

5. Validate, finalize and present the Case Studies, approved by UNDP and LNCCI:

• Validate the findings and recommendations through at least 2 peer-reviews by experts nominated by the “Fair Biz” Project at the country and regional levels;
• Address the feedback provided and finalize the Case Studies approved by UNDP and LNCCI;
• Present the Case Studies at a dissemination event.

Administrative Support

Administrative support for the National Consultant will be provided by the UNDP Governance Unit Programme Associate and UNDP Operations Team. The “Fair Biz” Project will ensure the liaison between the National Consultant, International Consultant, LNCCI, and other local stakeholders, as well as access to the national primary sources and secondary literature as required.

Reference Documents

• 9th NSEDP (2021-2025);
• Concept Note of the “Fair Biz” Project;
• UNDP “Fair Biz” Project website;
• ADB’s Study on “Economic Governance for Business development in Lao PDR”.

Competencies

• Strong analytical and writing skills

1. Skilled usage of computers and office software packages

Required Skills and Experience

• Advanced University Degree (Master’s level) in business administration, governance, the rule of law, or a related field is preferred.

  • A Bachelor-level Degree with 2 additional years of professional experience is also acceptable.

  • At least 3 years of experience with Master's degree and 5 years with a Bachelor's degree in the fields of governance, the rule law, or a related field; experience in business at the national and/or trans-national levels is required;

  • Experience in supporting comprehensive research studies in the fields of governance and the rule of law;

  • Experience within the UN system would be an asset.

LANGUAGE : English and Lao proficiency

All interested and qualified Individual Consultants shall apply online using the following link: UNDP Lao PDR CO website.

In order to make a submission, please read the relevant documents available at the links below:

1. TOR (Annex I)

2. IC General Terms and Conditions _ Annex II

Interested Individual Consultants must submit the following documents/information to demonstrate their qualifications:

1. Free-Form Technical Proposal:

• Explaining why you are the most suitable for the work;
• Providing a brief methodology on how you will approach and conduct the work, including the work schedule for the delivery of outputs/deliverables;

2. P11 Form: Education and work experience, including past experience in similar projects and contact references of at least 3 references for whom you have rendered preferably the similar services;

3. Financial Proposal From: Lump sum offer with clear cost breakdown against each deliverable.

Instructions for Online Submissions:

• Step 1: Please prepare all required documents electronically;
• Step 2: Combine all the required documents in ONE SINGLE FILE (preferably in PDF; however, Word format can also be accepted) and upload to the UNDP Jobs website using the link above;
• Step 3: After that, you will receive an auto-reply from the UNDP Jobs website if your offer is received successfully.

Incomplete Proposals or Proposals received after the deadline will be rejected.

Note: Any request for clarification must be sent in writing before the submission deadline to the following email: surith.sengsavang@undp.org