National legal expert for support to UN-REDD Technical Assistance to Viet Nam 2022

Organizational Setting Under the UN-REDD Programme, FAO is leading the coordination of delivery of the UN-REDD Technical Assistance (TA) in Viet Nam, since 2017. The latest UN-REDD framework was committed for 2022-2025, and commits to the Programme’s support in Viet Nam for delivery of the UN-REDD Results Framework, namely Outcome 2 “Forest Solutions Rewarded” which includes support activities to facilitate countries’ access to REDD results-based payment schemes, carbon markets and other transactions under Article 6 of the Paris Agreement. A number of activities are envisaged for FAO’s support to Viet Nam including: • Filling technical gaps for Viet Nam to be able to register under the ART/TREES (carbon accounting, legal title to ERRs, benefit sharing, approaches for consultations for rights holders); • Support to the drafting of the ART/TREES registration document; • Operationalization of the PRAP monitoring tool.

Reporting Lines

The National legal expert reports formally to the Assistant FAOR-Programme in the FAO Representation in Viet Nam. Operationally and technically, the National legal expert will work with the responsible Forestry Officer (based in Lao PDR), the National Coordinator, the UN-REDD regional teams of FAO and UNEP, the Development Law Service (LEGN) for all legal technical matters requiring clearance from FAO, as well as other colleagues within the UN-REDD team. The incumbent operates independently and takes decisions on work priorities and exercises initiative.

Technical Focus

The National legal expert will be required to undertake tasks including legal technical analysis and drafting of legal instruments. Technically, the incumbent should be familiar with Viet Nam’s legal system, including, but not limited to, Payment for Forest Ecosystem Services (PFES), forest carbon provisions, and the forestry legal framework and cross-cutting sectoral laws relevant to forests, land and resource tenure and the specific outcomes required by the assignment. Knowledge of the regulatory aspects of the Viet Nam Forest Carbon Partnership Facility’s Emissions Reduction Program is an advantage. The incumbent is expected to work with technical guidance of an international legal specialist, in addition to the technical oversight as mentioned above.

Tasks and responsibilities

Under the overall supervision of the A-FAOR Viet Nam, under the technical supervision of the responsible Forestry Officer, with guidance from the government focal points within VNFOREST, and in close coordination with the National legal expert will be responsible for technical drafting of legal provisions related to carbon for the ART/TREES registration, under the UN-REDD Technical Assistance 2022 (Annex 1), and 2021 where relevant.

Key Functions/Results

• Liaising with the government focal point on technical aspects related to REDD legal provision, focusing on carbon provisions; • Working with the government counterparts, with support from the National coordinator, to determine key legal pathways that ensure Viet Nam’s conformance with the ART/TREES standard, particularly as relates to: - Legal rights to transfer emission reduction and removals (ERRs); - Benefit sharing of eventual proceeds from LEAF – particularly as relates to resource rights holders; - Approaches to stakeholder consultations with resource rights holders- to clarify emissions reductions and benefit rights, according to ART-TREES requirements; - Carbon accounting – noting that the technical drafting will be under the responsibility of others. • Support to drafting a legal instrument to replace/amend Decree 156 (2018, “Implementing Decree of some articles of the Forestry Law”), which will include necessary provisions to operationalize the above results, in terms of legally sanctioned procedures of the government; • Liaising and technical backstopping the implementation of the on-going Letter of Agreement between the Government of Vietnam and WWF on sustainable deforestation-free plantations, where this has legal implications; • Perform other related duties as required.

CANDIDATES WILL BE ASSESSED AGAINST THE FOLLOWING

Minimum Requirements

• The incumbent should be a national of Vietnam or resident in the country with a work permit • Advanced University degree specialising in law • At least 7 years of relevant experience in forestry land and natural resource. • Working knowledge of English.

FAO Core Competencies

• Results Focus • Teamwork • Communication • Building Effective Relationships • Knowledge Sharing and Continuous Improvement

Technical/Functional Skills

• Experience and firm understanding of Viet Nam’s laws and regulations as concerns forestry, land, and natural resources • Extent and relevance of experience in forestry, REDD , benefit sharing • Familiarity with Vietnam’s REDD experiences including policies and strategies • Experience working with government and non-government stakeholders in forestry and natural resources