UNDP subcontract: Survey to assess the effect of Vietnamese regulations on handling administrative violation on social life
United Nations Development ProgramCall for tender
Project VIE/02/015 titled: “Assistance for the
Implementation of Vietnam’s Legal System Development
Strategy to 2010” funded by UNDP – Sida and DANIDA invites
national institutions/organizations in Vietnam to submit
proposals for the subcontract on
“Survey to assess the effect of Vietnamese regulations on
handling administrative violation on social life”
Deadline for submission of proposals is 04 p.m, 15 December
2005, in the attention of
Project Management Unit
Ms. Lai Thi Van Anh (Att)
60 Tran Phu – Hanoi
Tel: (84-4) 7340107
Fax: (84-4) 7340104
Please find attached the Request for Proposal and Terms of
Reference for this service.
Any questions on the TOR should be referred to Project
Management Unit (Att Ms. Dang Hoang Oanh, Tel: 734 0104.)
Project title: “Assistance for the Implementation of
Vietnam’s Legal System Development Strategy to 2010”
Project number: VIE/02/015
Budget Line: 72100
REQUEST FOR PROPOSAL
Dear Sirs/Madams,
1. You are requested to submit in the English language a
proposal for services in respect of the project identified
above. Your proposal could form the basis for a contract
between your company/organization and the Government of
Vietnam.
2. Your proposal should address the Terms of Reference
(TOR), attached to this letter as Annex 1, which describe
the requirements to be met. These TOR will be used in the
preparation of any contract arising out of this request.
This letter is not to be construed in any way as an offer to
contract with your company/organization.
3. A two-stage procedure will be utilized in
evaluating the proposals: 1) evaluation of technical
proposals, and 2) evaluation of financial proposals.
Technical Proposal
4. Your technical proposal should include, but not
necessarily be limited to, the following information:
a) A brief description of your firm/institution and an
outline of recent experience on projects of a similar nature
in Viet Nam. You should also provide any other information
that will facilitate our evaluation of your
company/organization’s reliability and capacity to meet our
requirements.
b) Any comments or suggestions on the TOR or on the data,
support services and facilities to be provided by the
Government.
c) Your detailed description of the manner in which your
company/organization would respond to the TOR. Bar-charts
should support your proposal.
d) The composition of your proposed work tasks (including
supervisory) which would be assigned to each.
e) The curriculum vitae of the professional members of
the team.
5. Technical proposals will be evaluated using the
following criteria:
a) the company/organization’s general reliability as well
as experience and capacity in the specific field of the
assignment ( 200 points);
b) the approach in responding to the TOR and the detailed
work plan ( 400 points);
c) the qualifications and competence of the personnel
proposed for the assignment for a total of ( 400
points). The personnel will be rated in accordance with:
(i) their general qualifications ( 100
points);
(ii) suitability for the assignment ( 250
points); and
(iii) their language qualifications and experience in
working with local authorities of Vietnam especially justice
authorities and officials at district and commune level
(50 points).
6. If you consider that your company/organization does
not have all the expertise for the assignment, there is no
objection to your company/organization associating with
another company/organization to enable a full range of
expertise to be proposed. However, your company/organization
may participate in only one such joint proposal.
Financial Proposal
7. Your financial proposal must contain an overall
quotation in USD for all services to be provided and must be
itemized; Also propose a schedule of payments.
8. Please note that the cost of preparing a proposal and
of negotiating a contract, including any related travel, is
not reimbursable as a direct cost of the assignment.
Submission of Technical and Financial Proposals
9. Your proposal is to be divided into a technical and a
financial proposal, both submitted in four copies
simultaneously and in separate and sealed envelopes with the
contents of each clearly marked. It should be delivered to:
Project VIE/02/015 “Assistance for the Implementation of
Vietnam’s Legal System Development Strategy to 2010”.
60 Tran Phu St. Hanoi, Vietnam
On or before 04 p.m December 15, 2005
10. Your are requested to hold your proposal valid for
60 days from the deadline for submission. The Project
will make its best effort to select a company/organization
within this period.
11. Please note that the Project is not bound to
select any of the companies/organizations submitting
proposals. A contract will be awarded in respect of the
proposal which is considered most responsive to the needs of
the project concerned with due consideration being given to
economy and efficiency. The Project does not bind itself in
any way to select the company/organization offering the
lowest price.
14. We would appreciate your informing us by phone at
No 734 0107 to:
a) your receipt of this request for proposal;
b) whether or not you will be submitting a proposal.
15. Any questions should be referred to Ms. Lai Thi Van
Anh, at the address in item 9 above or by telephone: (84-4)
7340107 . Any written reply to a particular question may be
copied to all other invited companies/organizations, at the
discretion of Project.
Yours sincerely,
Project Management Unit
Department for Criminal and Administrative Laws
TERMS OF REFERENCE
FOR
Survey to assess the effect of Vietnamese regulations on
handling administrative violation on social life
I. Background
It is 16 years since the Ordinance on Imposing of Fines to
Administrative Offences firstly issued in 1989, the
Ordinance has been revised three times. Currently, issues
related to settlements of administrative offenses are
governed by the Ordinance on Settlement of Administrative
Offenses which was passed by the Standing Committee of the
National Assembly dated July 2nd 2002. This Ordinance
provides general and most basic regulations related to
settlement of administrative offenses such as principles,
formation, measures, competences, and procedures for
administrative settlements. Other regulations on application
of administrative offenses settlements, specific
administrative offenses, forms and level of fines for
administrative offenses in state managements are provided in
Government’s decrees.
Administrative offense settlement is the legal area which
has broad and complicated scope of application which related
to rights and obligations of citizens as well as competence
of state agencies. Therefore, in the orientation of building
Socialist oriented rule of law State of Vietnam, one of the
key requirements is to enhance the governance of the law on
issues related to citizen’s rights and obligations. The
Resolution No 35/2004/QH11 dated 25/11/2004 of the National
Assembly issuing Law and Ordinance Promulgation Schedule in
2005 has included the Code on Administrative Offense
Settlements in the Schedule (the Schedule for discussion at
the National Assembly). Resolution No 744/2005/NQ-UBTVQH11
of the Standing Committee of the National Assembly on
implementation organization of the Resolution mentioned
above also requires agencies in charge should promptly study
and draft the Code on Administrative Offense Settlements. It
is expected that this Code will have broad and complicated
scope of application which related to many subjects in state
administrative managements. The development of this Code is
a very complicated task which requires a greate number of
different activities to be conducted.
Results of activities implemented with the assistances from
Project VIE/02/015 during the past time such as results of
pilot survey in some localities and presentations of a
number of law implementing agencies at the Conference to
assess implementation practice of the law and to summate the
implementation of the law on administrative offense
settlements of a number of ministries, agencies and
localities through out the country allow us to have
assessment of practice of application of legal normative
documents on administrative offense settlements from the
anger of conducts of titles and agencies in settlements of
administrative offenses. To ensure the comprehensiveness and
the depth of the assessment and summation of the law
implementation, and to acknowledge the practical
requirements of implementation of law on administrative
offense settlements, it is necessary to conduct a broad
scope survey by using questionnaires and interviewing
selected subject groups to assess the status of social
relations related to the Code. This is a very important and
meaningful task especially in the context that we are
developing the Code on administrative offense settlements
for the first time in Vietnam and our experiences related to
this are very limited.
To conduct the activities mentioned above, it is necessary
to have the involvement of well qualified experts who have
experience and thorough understanding of the legal system of
Vietnam in general and law on administrative offense
settlements in particular, who have excellent skill in
conducting research, survey related to law making….
II. objective
To assess and analyze effectiveness and efficiency of the
implementation of legal normative documents on
administrative offense settlements, impacts and influence of
the law on administrative offense settlements to the society
through out the country through a survey
iii. outputs and content of the survey. This activity will
provide substantive inputs for drafting the Code on Handling
administrative violations.
III. Outputs:
- A Report of survey findings of about 100-150 pages in both
Vietnamese and English which at least includes the following
contents:
1. Objectives, contents, process of the survey, methodology
of the survey
2. Explanation and analysis of survey findings which will be
devided in to parts as mentioned in the item 2 below.
3. Conclusions
4. Recommendations
5. Annexes: number of questionnaires provided to each
province, minutes of interviews, detailed statistic of
survey samples and survey methodology…
6. A summary report of 20-25 pages, in English and
Vietnamese, which shall be in addition to the main report
and contain the key findings and key recommendations of that
report.
2. Content of the survey
- General observance of competent authorities and the
society on efficiency and shortcomings of the existing
system of legal normative documents on administrative
offense settlements.
- To collect information regarding application practices of
Ordinance on administrative offense settlements 2002, with
the assessment of the following:
i) Current status of application of regulations on remedies
imposed to administrative offenses (including key remedies
and supplement remedies) and regulations on recovery
measures;
ii) Current status of application of regulations on
competence of administrative offense settlements, the
reasonableness of those regulations (more attention should
be paid to competence to impose other administrative
remedies by Chairman of People’s Committees at all level);
iii) Current status of application, difficulties and
obstacles in applications of measures to prevent
administrative offenses and ensuring administrative offense
settlements.
iv) Current status of application of regulations on
procedures for administrative offense settlements.
v) Current status of application of other admistrative
remedies.
vi) Current status of complaints and denunciations regarding
administrative offense settlements.
- Comments on effectiveness of the implementation of
Ordinance on administrative offense settlements 2002 in
social life.
- To collect information on, to assess and judge regulations
on imposing administrative remedies provided in Government
Decrees on administrative offense settlements in state
management and guiding circulars regarding issues mentioned
in item II.2 such as: feasibility of documents, their
effectiveness in practice, clearness of norms, strictness of
remedies and completeness of regulations…. (Special
attention should be paid to the appropriateness of remedies
in practice, whether they are too strict or not preventive
enough).
- Current status of coordination mechanism among competent
authorities in implementation of law on administrative
offense settlements.
3. Scope of the survey:
- Regarding the area of survey: due to the broad scope of
administrative offense settlements including all areas of
state management, therefore, to avoid spread, the survey
will mainly focus on areas which are greatly concerned by
the society and reflect complexity and pressing matters in
administrative offense settlements currently including:
traffic, construction, taxation, custom, trade, forest
protection and management, land, social order and security,
health care, information and culture. The scope of survey
may be expanded during the survey process.
- Regarding location of the survey: to have comprehensive
assessement, the survey will be carried out through out the
country.
IV. Methodology
The survey will be conducted by two manners: providing
questionairs and direct interviews.
1. Questionnaires:
The questionnaires will be designed in accordance to
questioned subjects, including:
Questionnaires on administrative offense settlements,
including:
- Questionnaires to competent persons to impose fines at
localities;
- Questionnaires to organizations subjected to those fines;
- Questionnaires to individuals subjected to those fines;
- Questionnaires on application of 5 other administrative
remedies including:
- Questionnaires to Chairman of People’s Committees at all
level and agencies which are members of Advisory Councils
for application of those remedies.
- Questionnaires to individuals subjected to those remedies
(at the 05, 06 camps, disciplinary training schools,
individuals subjected to measure of disciplinary training at
the communes or wards).
- Questionnaires to others …
Quantity of questionnaires:
In big city like Hanoi and Ho Chi Ming city : 250
Questionnaires on administrative offense settlements, of
which 100 Questionnaires to competent persons to impose
fines at localities, 50 Questionnaires to organizations
subjected to those fines, 50 Questionnaires to individuals
subjected to those fines, 50 Questionnaires to other
subjects (professional associations, commercial and
Industrial chambers, press…); 150 Questionnaires on
application of administrative remedies, of which 100
Questionnaires to Chairman of People’s Committees at all
level and agencies which are members of Advisory Councils
for application of those remedies, 50 Questionnaires to
individuals subjected to those remedies.
Cities like Hai Phong, Da nang, Quang Ninh: 200
Questionnaires on administrative offense settlements, of
which 70 Questionnaires to competent persons to impose fines
at localities, 50 Questionnaires to organizations subjected
to those fines, 50 Questionnaires to individuals subjected
to those fines, 30 Questionnaires to other subjects
(professional associations, commercial and Industrial
chambers, press…); 100 Questionnaires on application of
administrative remedies, of which 60 Questionnaires to
Chairman of People’s Committees at all level and agencies
which are members of Advisory Councils for application of
those remedies, 40 Questionnaires to individuals subjected
to those remedies
Other provinces and cities: 150 Questionnaires on
administrative offense settlements, of which 60
Questionnaires to competent persons to impose fines at
localities, 40 Questionnaires to organizations subjected to
those fines, 40 Questionnaires to individuals subjected to
those fines, 10 Questionnaires to other subjects
(professional associations, commercial and Industrial
chambers, press…); 50 Questionnaires on application of
administrative remedies, of which 30 Questionnaires to
Chairman of People’s Committees at all level and agencies
which are members of Advisory Councils for application of
those remedies, 20 Questionnaires to individuals subjected
to those remedies
2. Direct interviews
Direct interviews are required at big provinces and cities
with representative of different areas and regions such as
ha Noi, Lang Son, Nha Trang, Thua Thien Hue, Ho Chi Minh
City, Binh Duong, Tay Ninh, Ba Ria- Vung Tau … the
interviews will be based on Questionnaires prepared in
advanced. It is expected that in each locality, 3 to 4
interviews to those subject groups mentioned above will be
conducted (about 30 persons per group). The minutes of those
interviews should be made.
V. qualifications
The Project shall sign a sub-contract with a qualified
consultancy firm or a group of experts to conduct the
survey. The sub-contractor will include at least 10 experts
who fulfill the qualification requirements equivalent to
requirements and objectives of the survey. It is required
that leader of the group and two third of the experts in the
group have law degree, experiences and understanding of law
on administrative offense settlements, the other experts of
the group are required to have survey experiences and
skills. The minimum requirements are as follows:
* University degrees in social sciences and law
* 5 years of work experience in the legal or judicial field,
with direct experience in handling administrative violation
field preferred
* Strong knowledge of the regulations on handling
administrative violation
* Demonstrated experience in carrying out social surveys and
knowledge of survey methodology
* Extensive experience analyzing data and preparing
analytical reports
* Experience in conducting workshops
* Demonstrated experience in organizational assessment and
management
* Ability to work with a broad range of individuals from
diverse institutions and different levels
* Good interpersonal skills and team spirit
* Fluency in spoken and written Vietnamese
* Fluency in spoken and written English preferred
* Familiarity with technical assistance projects in legal in
Vietnam preferred
VI. Logistics and responsibilities
1. The consultant team shall have primary responsibility for
organizing and conducting the survey. The consultant team
will work independently, but in close consultation with the
survey methodology expert designated by the PMU and UNDP, as
well as with the Department for Criminal and Administrative
Laws, PMU and UNDP. The consultant team shall be
accountable to these latter agencies for performance of all
tasks and the quality of the outputs and shall provide
sufficient staffing to ensure the timely completion of the
surveys and report.
2. The Department for Criminal and Administrative Laws shall
support the consulting team in carrying out the survey.
Representatives of the Sub-Project Management Unit shall
refer and introduce the consultant team to such agencies as
is necessary for the purposes of the survey. The PMU shall
provide the consultant team with such additional logistical
support as may be required for the purposes of the survey.
3. The Department for Criminal and Administrative Laws and
PMU shall provide the consultant team with any relevant
background documents and reports in order to assist with the
preparation of the surveys and finalization of the survey
report, including the Reports on assessment of
implementation of regulations handling Such documents and
reports shall be used for the purposes of review only and
not for other purposes without the permission of the
Department for Criminal and Administrative Laws.
4. The consultant team shall prepare the final edited
versions of the reports in standard, plain English and
Vietnamese in electronic format using MS Word. Where changes
are made to the draft survey report, such changes shall be
tracked in the text of the final survey report. British
English spellings are to be employed throughout the report.
5. The consultant team shall prepare and provide the PMU,
UNDP, and Department for Criminal and Administrative Laws
with drafts of the work plan and schedule, survey forms, and
draft survey report for approval.
6. The consultant team shall forward the PMU, UNDP, and
Department for Criminal and Administrative Laws a copy of
their draft survey report in electronic format.
7. The PMU, UNDP, and Department for Criminal and
Administrative Laws shall provide their comments, if any, in
written or verbal form to the consultant team and the
consultant team shall revise the draft survey report based
upon those comments.
VII. schedule
1. The consultant team shall have primary responsibility for
organizing and conducting the survey. The consultant team
will work independently, but in close consultation with the
survey methodology expert designated by the PMU and UNDP, as
well as with the Department for Criminal and Administrative
Laws. The consultant team shall be accountable to these
latter agencies for performance of all tasks and the quality
of the outputs and shall provide sufficient staffing to
ensure the timely completion of the surveys and report.
2. The Department for Criminal and Administrative Laws shall
support the consulting team in carrying out the survey.
Representatives of the Sub-Project Management Unit shall
refer and introduce the consultant team to such agencies as
is necessary for the purposes of the survey. The PMU shall
provide the consultant team with such additional logistical
support as may be required for the purposes of the survey.
3. The Department for Criminal and Administrative Laws shall
provide the consultant team with any relevant background
documents and reports in order to assist with the
preparation of the surveys and finalization of the survey
report; Such documents and reports shall be used for the
purposes of review only and not for other purposes without
the permission of the Department for Criminal and
Administrative Laws.
4. The consultant team shall prepare the final edited
versions of the reports in standard, plain English and
Vietnamese in electronic format using MS Word. Where changes
are made to the draft survey report, such changes shall be
tracked in the text of the final survey report. British
English spellings are to be employed throughout the report.
5. The consultant team shall prepare and provide the PMU,
UNDP, and Department for Criminal and Administrative Laws
with drafts of the work plan and schedule, survey forms, and
draft survey report for approval.
6. The consultant team shall forward the PMU, UNDP, and
Department for Criminal and Administrative Laws a copy of
their draft survey report in electronic format.
7. The PMU, UNDP, and Department for Criminal and
Administrative Laws shall provide their comments, if any, in
written or verbal form to the consultant team and the
consultant team shall revise the draft survey report based
upon those comments.
8. The schedule may be changed with the agreement of the
Department for Criminal and Administrative Laws, PMU, and
UNDP; including an extension of the survey upon the
recommendation of the survey methodology expert and with the
agreement of the national consultants.
VIII. background material
Project VIE/02/015 and the Sub-project component shall
provide all necessary documents related to the activities.
Results of the research, reports and data resulted from the
survey shall not be used for other objectives unless allowed
by the Project.
Consultants shall transfer to the Project all documents
related to the survey such as Questionnaires, minutes of
interviews….
