International STTA Legal E-Commerce Expert

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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:

• Assist the Local Expert 1, in collaboration with the VDT team, MOIT Legal Department, and Local Expert 2 to design the plan and timeline of the activity.
• Desk study and preparation of a research on International experience in international (cross-border) e-commerce management (China, the US, Korea, etc.) and lessons learnt for Vietnam (Chapter 2 of the Research Report) and related content for the Handbook.
• Assist Local Expert 1 in consolidating Chapter 2 into the final report and final handbook by reviewing and providing comments on the 2 documents.
• Participate actively in the workshop to disseminate the Report and Handbook and present lessons learned and future actions.

Activity Background

The e-commerce market in Vietnam and globally has been experiencing constant growth in recent times. In Vietnam, the e-commerce market size was only around 4 billion USD in 2015, but it had surged to 7.8 billion USD by 2018 and further reached 16.4 billion USD in 2022. The average growth rate of Vietnam's e-commerce market has been impressive, ranging from 16-30% per year. In the Southeast Asian region, Vietnam's e-commerce market is projected to hit $39 billion by 2025, securing the second position after Indonesia ($104 billion) and on par with Singapore. According to the “Digital 2022 global overview report” by We Are Social & Hootsuite, the percentage of internet users shopping weekly in Vietnam ranks 11th globally at 58.2%, matching the global average demand. This figure is higher than that of the US, Australia, France, Japan, and Germany but lower than countries like Thailand, Malaysia, Korea, China, Singapore, Philippines, India, Indonesia, and the UK.

Cross-border e-commerce in the region has been consistently growing, with an average annual increase of 41.3%, outpacing the global average of 27.4% from 2016 to 2020. Global e-commerce retail sales are anticipated to reach approximately $8.1 trillion in 2026, marking a 56% growth from $5.2 trillion in 2021. However, the landscape of cross-border e-commerce in Vietnam for exporters is relatively new and involves complex legal, procedural, and financial processes. E-commerce businesses need to equip themselves with international trade skills, market knowledge, high-quality products, and familiarity with the host country's e-commerce landscape. Participating in e-commerce transactions is an inevitable trend for Vietnamese businesses. However, current negotiations for a common legal framework for cross-border e-commerce activities have not progressed significantly, mostly taking the form of bilateral and regional negotiations on market opening (FTA negotiations). At the multilateral forum, Vietnam is still actively participating in discussion sessions on building a legal framework for cross-border e-commerce activities within the framework of WTO and UNCITRAL.

Therefore, participating in the international e-commerce market, businesses face risks of non-traditional trade challenges, particularly related to the legal frameworks governing cross-border e-commerce transactions in different countries. To address this, the Legal Department aims to assist businesses in mitigating legal risks in cross-border e-commerce transactions by:

• Leveraging the advantages of opening the e-commerce market.
• Providing necessary knowledge about e-transaction contracts, especially cross-border e-transactions, based on rules and recommendations from international organizations such as WTO and UNCITRAL, as well as regulations from economies with advanced e-commerce levels like the United States and China.
• Offering knowledge, skills, and recommendations to prevent legal risks in cross-border e-commerce transactions activities.

Under the work plan approved by the USAID and MOIT, the USAID VDT will support the MOIT Legal Department to implement this activity in FY 2024 and FY 2025 to conduct:

• A research report on legal issues related to international e-commerce transaction contracts: Identification of the main challenges with recommendations for Vietnamese businesses. The report is expected to include the following chapters:
  • Chapter 1. Examples of legal issues related to international e-commerce contracts
  • Chapter 2. International experience in international (cross-border) e-commerce management (China, the US, Korea, etc.) and lessons learnt for Vietnam
  • Chapter 3. Disputes settlement related to e-contracts in international e-commerce
  • Chapter 4. Suggestions and recommendations for Vietnamese e-commerce businesses to avoid legal risks in cross-border e-commerce transactions
• A handbook related to international e-commerce transaction contracts;
• A workshop to disseminate the report and handbook.

These tasks are expected to be carried out from February 2024 – March 2025.

The project will select two STTA experts having the following tasks:

• Local STTA Legal E-Commerce Expert (Lead) (Local Expert 1). The Local Expert 1 will be in charge of designing and leading the activity in cooperation with the VDT Technical team, MOIT Legal Department and other local and international STTA experts. The Local Expert 1 will have the main responsibility of drafting the research report and related content in the handbook with a focus on Chapters 1, 4 and consolidating other chapters (3&4) with information and assistance from other international and local STTA experts to finalize the research report and the handbook. Local Expert 1 will also participate in a workshop to disseminate the report and handbook and other related tasks if requested.
• Local STTA Legal E-Commerce Expert (focused on dispute settlement) (Local Expert 2). Local Expert 2 will be in charge of drafting Chapter 3 of the research report and related content in the handbook in cooperation with the VDT Technical team, MOIT Legal Department and Local Expert 1.  Local Expert 2 will also participate in the workshop to disseminate the report and handbook and other related tasks if requested.
• International STTA Legal E-Commerce Expert (focused on international experience) (this SOW). The International Expert will be in charge of drafting Chapter 2 of the research report and related content in the handbook in cooperation with the VDT Technical team, MOIT Legal Department and other local and international STTA experts. The International Expert will also participate in the workshop to disseminate the report and handbook and other related tasks if requested.

In consultation with the VDT Project Director, Senior Legal & Regulatory Specialist, the International STTA Legal E-commerce Expert (focused on International Experiences) will work primarily closely with the MOIT Legal Department and  Local Experts 1 and 2. The International STTA Legal E-commerce Expert (focused on International Experiences) 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 international e-commerce transactions contract/e-contract issues.
• Prior involvement in projects related to digital transformation, e-commerce, transaction contracts, or technology law.
• Strong written, and oral English.                                                                                                                                                                                                                                                 
  
  Level of Effort and Period of Performance

The period of performance will be February 2024– March 2025. The total level of effort will be up to 15 days. Vietnamese nationals are welcome to apply.

Deliverables

• Comments on the activity plan and timeline developed by Local Expert 1 in coordination with the VDT team, MOIT Legal Department, and Local Expert 2.
• A research report on International experience in international (cross-border) e-commerce management (China, the US, Korea, etc.) and lessons learnt for Vietnam (Chapter 2 of the Research Report) and related content for the Handbook.
• Comments on the Final Report on legal issues related to international e-commerce transaction contracts: Identification of the main challenges with recommendations for Vietnamese businesses and the Final Handbook related to international e-commerce transaction contracts (focused on Chapter 2 and related topics).
• Active participation at a workshop to disseminate the Report and Handbook and presentation on the topic of international experience in international (cross-border) e-commerce management (China, the US, Korea, etc.) and lessons learnt for Vietnam.

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.