USAID Vietnam Trade Facilitation Program

SCOPE OF WORK

Support a Feasibility Study into the establishment of a Multi-Agency Risk Management Targeting Centre

Proposed Personnel:              Name TBD, National Risk Management Targeting Centre Specialist

Period of Performance:          o/a April 15, 2021 – August 30, 2022

Origin/Destination:                Place TBD to Hanoi, Vietnam

Travel Dates:                          n/a

Activity No.:                            FY2022 Activity 2.14 – Feasibility study for an Integrated Multi-agency Risk Management Center

MEL indicator(s):                    CBLD-9

Project Background:

The USAID Vietnam Trade Facilitation Program is a five-year project that aims to support the adoption and implementation of a more risk-based approach to customs and specialized inspection institutions in Vietnam. The program will work with the General Department of Vietnam Customs (GDVC) to strengthen the National Trade Facilitation Committee (NTFC) of Vietnam and its 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.

Activity Background

Objective: Risk Management applied consistently and effectively by Customs and other SI agencies.

Due to the current COVID-19 crisis and travel restrictions, elements of this SOW may need to be carried out remotely with consultations, assistance and guidance via videoconferencing facilities to be established within GDVC and Program offices.

Background:

The GDVC recognizes that it will soon have added responsibilities related to Specialized Inspection following upcoming legislative amendments, which will make them responsible for inspecting goods on behalf of other border agencies. The main method of intervention for customs and other border agencies is the customs declaration system, through risk-based criteria which select certain goods for documentary or physical controls. To ensure efficient targeting of goods under border agencies regulatory controls, some countries have adopted an integrated risk management approach, where representatives of the appropriate agencies are co-located to facilitate the sharing of information/ intelligence and perceived risks for the development of appropriate risk criteria/ profiles aimed at selecting only imports/ exports posing a risk to one or more agency. The GDVC is also cognizant that WTO TFA Article 7.4 requires that “each Member shall, to the extent possible, adopt or maintain a risk management system for customs control” but also states that “each Member shall concentrate customs control and, to the extent possible other relevant border controls, on high-risk consignments and expedite the release of low-risk consignments”. The WTO TFA clearly suggests that risk management or assessment should not only inform the clearance procedures of customs, but also other controls exercised by line ministries or agencies at the border. The current risk management system of GDVC for cargo selectivity is science-based and relies on ‘structured data’ collected from documents (e.g., declarations, certificates, bills of lading, etc.). GDVC determines its risk criteria and rules according to their own priorities and threats. The cargo selectivity process administered by GDVC currently considers the legal requirements of other line ministries and government agencies (e.g., the requirement for a permit or certificate or to have the goods inspected) but it does not consider or incorporate their risk assessment or management functions, if these exist. The Risk Management Department has stated that its current structure is somewhat fragmented and may need realigned prior to or as part of the development of any Multi-Agency Risk Management Targeting Centre.

The GDVC understands that the WCO recognizes that targeting centers can contribute to achieving integrated risk management and such centers support and facilitate inter-agency cooperation in the context of coordinated border management (CBM). Targeting centers have been established worldwide to promote closer interaction, cooperation, and the exchange of information, data, and intelligence between multiple disciplines and agencies. The WCO Risk Management Compendium highlights that there are different organizational models for operating a targeting center. While a targeting center acts as a hub for information exchange of alerts, lookouts, and suspects, it can also greatly contribute to the adoption and implementation of integrated risk management for imports and exports in the context of a National Single Window.

With the above in mind, the GDVC sought support for the RM Department in carrying out a feasibility study for an integrated multi-agency risk management center, taking any improvements which may be required by Customs as a pre-cursor, producing recommendations and a roadmap for implementation. The study will also include updates of recent trends for integrated risk management in other countries.  

Methodology:

The final detail of the tasks and work plan will be determined by the International Multi-Agency Risk Management Targeting Centre Specialist, but the methodology to be employed may include research and study; interviews; analysis and situational assessments; focused working groups (if applicable); sharing of experiences; and production of reports. This activity may be spread across Q2-4 with intermittent support to allow for integration with other project activities and competing GDVC priorities:

• Remote desk-based research and study;
• Site visits (Covid restrictions permitting) to the RM Department and consultations* with officials of other Border Control Agencies applying regulatory checks on imports/ exports.
  *(If necessary, to be achieved through active participation via videoconferencing facilities, to ensure the effectiveness of videoconference, the specialist should provide the suggested agenda and background information, materials, and list of questions in advance in order for GDVC to be prepared);
• Situational assessments and analysis. If, for analysis purposes, the specialist needs data to be extracted from GDVC or other border agency databases, for example the data on manifest submission, manifest error rates and declaration processing times, the specialist should clarify well in advance the data structure and metadata required, and provide justification so as to facilitate the request for data from GDVC or other border agency;
• Production of Reports containing preliminary findings, analysis, conclusions and recommendations. Any controversial findings or high-stakes recommendations must be supported by robust evidence, for example, supported by convincing statistics or examples which demonstrate how other countries are undertaking the recommendations.

The National Risk Management Targeting Centre Specialist. 

In consultation with the Program’s Senior Trade Facilitation Expert (STFE), Legal and Regulatory Expert and International Multi-Agency Risk Management Targeting Centre Specialist, the National Risk Management Targeting Centre Specialist will collaborate and work closely with the Customs Risk Management (RM) Department and consult with other departments of GDVC (e.g., the Anti-smuggling Department, Customs Control and Supervision Department, IT Department), relevant agencies that control imports and exports and means of transportation across border of Ministry of Health, Ministry of Agriculture and Rural Development, Ministry of Industry and Trade, Ministry of Science and Technology, etc. and private sector stakeholders. The National Risk Management Targeting Centre Specialist may also be required to work in collaboration with other members of the Program team.

Tasks and Responsibilities

The National Risk Management Targeting Centre Specialist will work in conjunction with the International Multi-Agency Risk Management Targeting Centre Specialist on the following indicative tasks:

• Support the International Consultant in meetings with the GDVC and other Government Departments.
• Clarify and confirm the requirements and expectations of the RM Department of GDVC, taking into account the limitations of the Y4 workplan.
• Review and assess the current legal documents (documents, procedures, methodology, and implementation method) and targeting data collection and process to apply RM-based interventions of Customs and relevant stakeholders in control of goods and means of transportation across borders. Identify strengths and weaknesses and causes.
• Identify any existing gaps in the targeting data collection and process (structure, implementation) of Customs agencies - which is the pre-cursor/first stage in the establishment of a Multi-Agency Risk Management Targeting Centre.
• Assess information sharing between Customs agencies and relevant stakeholders that control imports and exports and means of transportation across borders.
• Identify and prioritize relevant agencies that control imports and exports and means of transportation across borders, including but limited to: Ministry of Health, Ministry of Agriculture and Rural Development, Ministry of Industry and Trade, Ministry of Science and Technology, Ministry of Public Security, Ministry of National Defense, etc. for participation in any proposed Multi-Agency Risk Management Targeting Centre.
• Carry out field or online survey and meetings to discuss with customs agencies, line ministries, businesses, or relevant stakeholders and collect data and response of RM data collection and process in controls of imports and exports and means of transportations.
• Provide technical guidance and recommendations at meetings/consultative workshops relating to the establishment of a Multi-Agency Risk Management Targeting Centre.
• Develop final report containing full details of all work carried out and summarizing the assignment, findings, recommendations, and proposals for establishing and implementation of a Multi-Agency Risk Management Targeting Centre to better control imports and exports and means of transportation, in accordance with Vietnamese law; and
• Develop related presentations/ communications material in readiness for project and GDVC use.

Deliverables

• An agreed work plan for the activity.
• Support the International consultant in the situational assessment and gap analysis.
• In collaboration with the RM Department of Vietnam Customs, support the international consultant in developing a feasibility study containing, but not limited to: proposals for amending or supplementing legislation/ procedure; any changes required in the Customs targeting structure as a pre-cursor to a multi-agency model; a clear mission statement for the Multi-Agency Targeting Centre; guidelines for the operational management of such a center and a roadmap for implementation of a Multi-Agency Risk Management Targeting Center.
• Presentations/ communications material for project and GDVC use.

Qualifications

• Master's degrees or higher in international trade, customs administration or another relevant field.
• Minimum 10 years of experience on topics such as trade facilitation, customs procedures, risk management, cross border trade, etc.
• Proven experience and track record of working with, or practical knowledge of Risk Management in the context of cross border trade and the customs clearance processes, etc.
• Robust understanding and experience of the WTO and WCO instruments such as the Trade Facilitation Agreement (TFA) and the Revised Kyoto Convention (RKC);
• Strong English written, oral, and presentation skills; and
• Ability to travel to and within Vietnam.

Reporting

The National Multi-Agency Risk Management Targeting Centre Specialist will report to Mr. Andrew Allan, the Senior Trade Facilitation Expert ([email protected]); Ms. Phuong Vu, the Legal and Regulatory Expert ([email protected]) and the International Multi-Agency Risk Management Targeting Centre Specialist.

How to apply

Applications should be submitted no later than April 04, 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: 2022-04-04
Send application to: [email protected]