USAID Trade Facilitation Program

SCOPE OF WORK

Proposed Personnel:             National STTA Specialized Inspection Expert

Period of Performance:         6-30/04/2022

Activity No.:                           FY2022 Activity 1.3.1 – Specialized Inspection Legal Review

MEL indicator(s):                   P-1, IR1-1, IR1.2-2, IR4.1, IR4.1-1, IR4.1-2, CLBD-9

Travel Dates:                         N/A

Origin/Destination:               N/A

Project Background:

The USAID Trade Facilitation Program is a five-year project that aims to support Vietnam to adopt and implement a more risk–based approach to the clearance of goods at Vietnam’s borders by customs and specialized inspection institutions which will facilitate the implementation of the World Trade Organization’s Trade Facilitation Agreement (TFA).

The program will work with the General Department of Vietnam Customs (GDVC) to strengthen Vietnam’s National Trade Facilitation Committee (NTFC) and Working Groups; streamline border clearance procedures (including specialized inspection implemented by other line ministries and agencies); harmonize the implementation of risk-based approaches between the national and provincial levels; train national and provincial customs officers and staff from other ministries on risk management; and facilitate dialogue between customs and business and between stakeholders in Hanoi and in the provinces.

Within this context, the Program will support national and provincial stakeholders in extending the risk management approach to specialized inspections conducted by line Ministries that are currently considered as an impediment to trade and causing major delays in border clearance.

Activity Background

The Specialized Inspection (SI) of export, import or transit goods means that the SI agencies shall base their work on the regulations on plant quarantine, animal quarantine, national standards and national technical regulations on the quality of goods as promulgated by the State management agencies or international standards and other relevant regulations for inspection and identification of goods eligible for export, import or transit in accordance with the provisions of the regulations[1]. Streamlining specialized inspection procedures is a key for simplifying import-export activities, cutting down customs clearance time, therefore, facilitating trade for businesses and improving business environment in Vietnam.

In recent years, the Government of Vietnam has issued a number of initiatives to improve Vietnam’s business environment and enhance national competitiveness, e.g. Resolutions 19 and 02[2] especially focused on simplifying specialized inspection (SI) procedures. Decision No. 1254/QD-TTg of the Prime Minister dated September 26, 2018 approving plan of action for promotion of national single-window system, ASEAN single-window system, reform of specialized inspections over imports and exports and trade facilitation for the period of 2018-2020 also identified a series of tasks for relevant line ministries and agencies to comprehensively reform the specialized inspection of exports and imports. After years of implementation, the number of goods subjects to SI remains at a high proportion (19.1% of the total number of import goods by the end of 2018)[3]. Particularly, there remains a need to simplify the legal framework regulating specialized management and inspection.

Streamlining specialized inspection procedures is one of the key objectives of the USAID Trade Facilitation Program. To support these priorities and at the request of the General Department of Vietnam Customs (GDVC), the Program included related activities in the Annual Work Plans (AWP) to provide technical assistance including, supporting legal review focus group discussions/workshops, engaging technical experts, organizing field surveys, organizing consultative workshops with businesses, and working with GDVC to develop action plans for implementation. During 2018 and 2019 the Program provided technical support to GDVC to conduct 3 legal reviews of import-export specialized inspections (SILR) as follows:

• Da Lat during 18-21 December 2018
• Hue during 15-17 May 2019
• HCMC during 29 October - 01 November 2019
• Kien Giang provinde in October 2020

Results of the previous SILRs have contributed to different meetings of the National Trade Facilitation Committee (NTFC) chaired by the DPM Vuong Dinh Hue and DPM Pham Binh MInh, resulting in conclusions i.e., Notice 105, Notice 292 and Notice 94, etc. The tangible outputs of the SILRs contributed to the issuance of a number of legal documents promulgating lists of HS codes for goods subject to SI by line ministries.

There remains a need to further improve the legal framework on SI, in implementation of instructions of the Government and Prime Minister on SI reform tasked in Resolution 02/NQ-CP of 2022, Decision 1254/QD-TTg and Decision 1258/QD-TTg, and so the General Department of Vietnam Customs (CCS Department) has requested the Program to support the next SILR in April 2022.

This SILR will focus on:

1. Review and standardization of the list of specialized inspection goods in accordance with Vietnam's new list of import and export goods, i.e., reviewing the list of goods subject to specialized management and inspection that do not yet have HS codes or already have but are not compatible with the new List of Import-Export Goods of Vietnam. This will be combining with an introducing session on new points of the Draft Circular to replace Circular No. 65/2017/TT-BTC dated June 17, 2017 promulgating the List of Vietnam's import and export goods and training on classification of import and export goods.
2. Reviewing the results of implementation of Decisions No. 1254/QD-TTg and 1258/QD-TTg on reform of specialized inspection, i.e., reviewing documents and regulations on specialized management and inspection that are still inadequate and problematic for businesses (including overlapping products).

Responsibilities and Tasks

The Local/National STTA Specialized Inspection Expert will support and undertake the following tasks:

• Work with the technical team of the USAID Trade Facilitation Program, and the CCS Department of GDVC, to carry out research and study of the subject and to prepare a presentation to highlight the content of some key legal documents that have problems and need revision in order to guide the review and discussions during the SILR workshop.
• Participate throughout the SILR workshop, making presentation(s), and leading and supporting the working group reviewing SI legal documents which still create problems for businesses in order to make proposals to the Government and line ministries for their revision or supplement.
• Write and submit a comprehensive Final Report, in collaboration with the Legal/Regulatory Expert of the Program, which consists of: (i) results of the SILR with recommendations on revising relevant SI laws and regulations; (ii) key issues related to SI arising from the SILR; (iii) suggestions for quick wins for Government and GDVC to streamline specialized inspection procedures; and (iv) recommendations on follow-up activities for the USAID Trade Facilitation Program.

Deliverables

The Local/National STTA Specialized Inspection Expert will be responsible for the following:

• Research and workshop materials and presentation(s);
• Attending and supporting throughout the SILR workshop in [a province outside Hanoi] during 12-15 April 2022;
• Final Report consisting of: (i) results of the SILR with recommendations on revising relevant SI laws and regulations; (ii) key issues related to SI arising from the SILR; (iii) suggestions for quick wins for Government and GDVC to streamline specialized inspection procedures; (iv) recommendations on follow-up activities for the USAID Trade Facilitation Program; and (v) a record of results of HS discussion.  

Qualifications

• Degree in law, economics, business administration, international trade, trade policy, customs administration, or similar field (Bachelor degree with more than 10 years of experience in field may be accepted);
• Minimum 25 years of experience working with the General Department of Vietnam Customs and related agencies at the Central and/or Provincial levels;
• Proven knowledge and deep understanding of customs requirements and other line ministry imports-exports specialized inspection procedures and matters;
• Proficient in word processing, spreadsheets and office software such as Microsoft Word, Excel, PowerPoint, and Google Applications;
• Fluency in Vietnamese and strong written, oral, and presentation skills; and
• English language skills preferred.

Reporting

The Local/National STTA Specialized Inspection Expert will report to the Senior Trade Facilitation Expert ([email protected]) and the Legal/Regulatory Expert ([email protected]).

How to apply

Applications should be submitted no later than April 01, 2022 to the email [email protected]

Applications should include:

1. Cover letter (no longer than 1 page)
2. CVs (see attached template);
3. Updated USAID 1420 form (see attached template)
4. Cost proposal (See attached template)

Organization: Nathan
Location:
Application deadline: 2022-04-01
Send application to: [email protected]