FIAS-MPDF Secured Transactions Project is seeking for a Local Legal Advisor and an IT Specialist
LOCAL LEGAL ADVISOR & IT SPECIALISTSECURED TRANSACTIONS PROJECT
1. INTRODUCTION
FIAS is a part of the World Bank Group's Investment Climate Department of the joint IFC/World Bank Private Sector Development Vice-Presidency. FIAS advises developing country governments on how to attract and retain foreign direct investment and maximize its impact on poverty reduction. Since its founding in 1985, the Foreign Investment Advisory Service (FIAS) has assisted more than 130 countries in almost 600 projects - many of them on a continuing basis over the years. Its broad experience has helped it identify the essential attributes of a sound investment environment.
The Mekong Private Sector Development Facility (MPDF) is a multi-donor funded initiative set up by the International Finance Corporation (IFC) in Vietnam, Cambodia, and Lao PDR, to reduce poverty through sustainable private sector development. MPDF’s goal is to help small and medium-sized enterprises to solve common operational and management problems and compete more successfully in the global economy.
FIAS and IFC-MPDF have been invited to assist the in analyzing the current lending practices and procedures and developing recommendations for a comprehensive reform of the secured transactions/collateral reform to make movable asset financing more flexible and broadly available. In this respect, FIAS-MPDF is seeking a legal advisor to assist in delivering its Vietnam secured transactions project.
2. BACKGROUND AND PROJECT SUMMARY
Economic analysis suggest that a well functioning legal framework for secured transactions can have an immediately positive and far-reaching impact on increasing levels of domestic investment flow and thus a business’ ability to access private credit. Recognizing the benefits for financial markets, Vietnam has is modernizing its secured transactions laws governing movable property. In this respect, an international and local project team will provide assistance the Vietnamese government in streamlining the legal framework and increasing the efficiency of the NARST system.
The key activities of FIAS-MPDF of the project will likely include:
(i) Assistance in addressing the current shortcomings in the legal framework for secured transactions
(ii) Assistance in identifying the discrepancies in the institutional set up and operation of the NARST (secured transactions registry) system
(iii) Advocacy and knowledge dissemination activities for the end users of the system
3. QUALIFICATIONS AND ACCOUNTABILITIES
The legal advisor should possess the following:
* Solid knowledge of commercial laws in Vietnam, in particular banking, secured transactions, property, contracts, civil procedure and insolvency laws.
* Excellent analytical skills, ability to translate theoretical concepts into practical solutions, as demonstrated in previous work.
* Experience working with a wide range of public/private stakeholders in Vietnam.
* Experience in facilitating solution design and change management processes, particularly with regard to government procedures related to business.
* Knowledge of international best practices in the area of secured transactions and prior experience in this area will be a plus.
* Good command of written and spoken English.
* Ability to work both independently and as a team member.
Working closely with FIAS-MPDF, other staff of the World Bank Group, consultants, government officials, the Advisor will:
* Conduct fact-finding and review of current lending and secured transactions practices in Vietnam;
* Research and conduct legal analysis and develop detailed recommendations on secured transactions/collateral reform for Vietnamese authorities that will reflect the knowledge gathered about the current Vietnamese practices and international best practices and comparative reform experience.
* Assist in providing written recommendations, drafting assistance and inputs for drafting of relevant laws, regulations, implementing decrees.
* Coordinate and collaborate with local and international experts, lawyers and counterparts in conducting the assignment.
* Contribute to the advocacy process, including consultations and other communications, with provincial authorities to facilitate buy-in of the proposed recommendations;
* Make presentations at workshops and/or events related to the project, as necessary;
* Carry out other tasks as requested.
The IT specialist should possess the following:
* Solid knowledge of IT systems, ability to design and/or update new/existing software to support registry systems.
* Ability to translate theoretical concepts into practical solutions, as demonstrated in previous work.
* Experience working with a wide range of public/private stakeholders in Vietnam.
* Experience in facilitating solution design and change management processes, particularly with regard to government procedures related to business.
* Knowledge of international best practices in the area of secured transactions registry systems and prior experience in this area will be a plus.
* Good command of written and spoken English.
* Ability to work both independently and as a team member.
4. LOCATION
The assignment will be based in Ha Noi, Vietnam and will require some travel to other provinces/cities of the project.
5. APPLICATION PROCESS
Applications are invited from qualified Vietnamese professionals. Applications consisting of a cover letter and a full CV should be submitted preferably via e-mail by 5 pm, Friday, April 14 , 2006 to:
Sevi Simavi
The World Bank Group
2121 Pennsylvania Avenue,
NW Washington, DC 20433 USA
Phone: (202) 473 9395
Fax: (202) 522-3262 / 522-2138
Email: ssimavi@worldbank.org
or
Nguyen Hanh Nam
IFC-MPDF
63 Ly Thai To, Hanoi, Vietnam
Phone: 84 4 8247 892
Fax: 84 4 8247898
E-mail: nnam@ifc.org
Yours sincerely,
Duong Thanh Trung
Research Analyst
Mekong Private Sector Development Facility (MPDF)
Tel: 84-4-8247 892
Fax: 84-4-8247 898
Email: dtrung@ifc.org
