International Digital Trade Expert

DevTech Systems, Inc. (DevTech) is an international consulting firm dedicated to development, with 39 years of experience providing advisory services and technical assistance to government, private sector, and civil society stakeholders in more than 100 countries. DevTech core practice areas include: Monitoring Evaluation, Research and Learning; Data Solutions; Public Financial Management and Fiscal Sustainability; and Education, Gender, and Youth.

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Background

The Indo-Pacific Opportunity Program (IPOP) is a 4-year, regional activity in the Indo-Pacific Region designed to address the Public Financial Management (PFM) objectives under the Indo-Pacific Strategy (IPS). It aims to create inclusive and sustainable economic growth, encourage regional cooperation, promote good governance, and improve the management of institutions. IPOP will focus on improving the macroeconomic policy and trade environment in the target countries. It also aims to strengthen democratic institutions to oversee PFM and implement sustainable infrastructure projects. IPOP is designed to contribute to four intermediate results:

• Improve trade and investment policy and capacity
• Strengthen ability to implement sustainable and high-quality infrastructure projects
• Improve macroeconomic and fiscal policy; and
• Strengthen democratic systems to oversee PFM.

Project Background

The VDT is a two-year activity (2023-2025) addressing regulatory gaps and promoting private sector engagement in the rapidly growing digital economy. The USAID VDT Activity supports the Ministry of Industry and Trade (MOIT)’s implementation of frameworks that facilitate digital trade, with an emphasis on supporting MOIT in holding public-private dialogues to ensure implementation is done in consultation with the private sector. Regulations that are responsive to private sector needs remove bottlenecks in trade faced by enterprises and increase regulatory transparency, helping to shape an e-commerce sector where enterprises of all sizes can benefit. The Activity encourages the participation of small and medium enterprises (SMEs) in digital trade by introducing new business models and other best practices, such as traceability of goods, as well as facilitating cross-border connections between enterprises via MOIT’s digital trade promotion platform.

Key Tasks/Responsibilities:

• Review the overall activity plan and timeline, assessment on the domestic legal framework, field survey results prepared by 2 local STTA experts.
• Prepare a report on international experiences in managing and implementing electronic transactions in the field of trade with examples from China, Korea, the US and Singapore, and recommendations for Vietnam
• Participate online and make a presentation on international practices at a technical seminar in Hanoi (Aug-Sep/2024).

Activity Background

The 2005 Commercial Law recognizes the importance of "data messages" as an equivalent form to traditional paper documents in commercial transactions, but specific terms are absent. To address this, the Law on Electronic Transactions (E-Transactions) was approved by the 15th National Assembly on June 22, 2023, and will come into effect on July 1, 2024. The Law on E-Transactions introduces policies that acknowledge the equal value of electronic transactions and endorse their capacity to replace traditional transactions. The Central Executive Committee issued Resolution No. 52-NQ/TW on September 27, 2019, highlighting the urgency to accelerate the digital transformation process.

On June 3, 2020, the Prime Minister Decision No. 749/QD-TTg (2020), endorsing the national digital transformation program until 2025, with an orientation to 2030, introduced a series of requirements to review specialized laws, including commercial laws, to facilitate  national digital transformation and foster the development of innovative products, services, and business models based on digital technology, the Internet, and cyberspace. The implementation of this task is in harmony with the objectives set out in  Decision No. 749/QD-TTg and aligned with the overarching goals of the Project.

Under the approved work plan between the MOIT and USAID, the USAID Digital Trade Activity will support the Legal Department of MOIT to analyze domestic legal frameworks and learn international practices to enhance the development of trade activities in the digital environment.  Recommendations from the report will help in promoting the development of trade activities in the digital environment and especially help small and medium enterprises to be aware of domestic and international legal regulations.

The VDT will implement this activity in coordination with the MOIT Legal Department. The VDT will mobilize two local STTA experts and one STTA international expert to carry out the following tasks:

• Prepare a report reviewing and analyzing the domestic legal framework and international experiences to promote the development of trade activities in digital environment. The report is expected to include the following chapters:
  • Chapter 1. Assessment of domestic legal regulations on trade activities in the digital environment
  • Chapter 2. Current situation of implementation and difficulties/obstacles in the implementation process (results from the survey)
  • Chapter 3. International experiences in managing and implementing electronic transactions in the field of trade with examples from China, Korea, the US and Singapore, and recommendations for Vietnam
  • Chapter 4. Suggestions for solutions to promote the development of trade activities in the digital environment
• Conduct a field survey to businesses, local Departments of Industry and Trade, relevant agencies, organizations, and individuals in different localities in the North and South of Vietnam
  • The survey will consist on questionnaires and interviews to stakeholders (businesses, local Department of Industry and Trade, relevant agencies, organizations) in relevant localities in the north and in the south of the country, involving a four-day trip in the North and 3 days in the South of Vietnam.
• Conduct a technical seminar in Hanoi to introduce the results.

These tasks are expected to be carried out from February – September 2024.

The three experts will have the following main tasks:

• Local STTA Digital Trade Legal Expert (lead) (Expert 1). In charge of designing the activity in cooperation with the VDT team, MOIT Legal Department and the other STTA Experts. Expert 1 will participate in interviews, workshops and be the expert responsible of delivering the final report, in cooperation with the Expert 2 and the International STTA expert.

The Expert 1 role is pivotal in ensuring the success of the activity. The Expert will bear responsibilities encompassing various stages of the activity, ranging from planning and design to the main responsibility for writing the report, coordinating the contributions of the other experts and maintaining relations with the counterpart.

• Local STTA Digital Trade Legal Expert (focused on the field survey) (Expert 2). In charge of assisting the Local STTA Digital Trade Legal Expert in designing the activities, participating in the interviews and drafting the final report. Expert 2 will be in charge of collecting the information and data from the survey and synthetizing the results.
• International STTA Digital Trade Expert (this SOW). Will provide the international experiences and context on relevant topics in the following countries: China, Korea, Singapore and USA.

In consultation with the VDT Director, Senior Legal & Regulatory Specialist, the International STTA Digital Trade Expert will work primarily closely with the MOIT Legal Department and the local STTA experts, especially Expert 1. The International STTA Digital Trade Expert may also be required to work in collaboration with other members of the VDT team in order to undertake this activity.

Qualifications

• Degree in economics, law, political science or related topics.
• At least 10 years of experience as a legal expert specializing in trade law, preferably with experience in policy analysis and legal framework development, with at least five years of experience on legal-related digital trade issues.
• Prior involvement in projects related to digital transformation, e-commerce, or technology law.
• Strong written, and oral English.

 Level of Effort and Period of Performance

The period of performance will be February – September 2024. The total level of effort will be up to 10 days. Vietnamese nationals are welcome to apply.

Deliverables

• Comments on the Activity plan and timeline (if necessary);
• A report on international experiences in managing and implementing electronic transactions in the field of trade with examples from China, Korea, the US and Singapore, and recommendations for Vietnam;
• Online participation and presentation at a technical seminar in Hanoi (Aug-Sep/2024) to introduce international practices.

NOTE: This job posting should not be construed to imply that the requirements are the exclusive standards of the position nor will it be the sole basis for any subsequent employee evaluations. Incumbents will follow any other instructions and perform any other related duties as may be required by their supervisor. 
 
All qualified applicants will receive consideration for employment and will not be discriminated against on the basis of race, color, national origin, religion, sex (including pregnancy, childbirth, or related medical conditions), age (40 and older), physical and mental disability, genetic information (including family medical history) or characteristics, military status, protected veteran status, sexual orientation, gender identity, citizenship or alienage, or any other protected status as established by applicable federal, state, or local law.