TERMS OF REFERENCE ACTIVITY REVIEW THE ORGANIZATION AND IMPLEMENTATION STRUCTURE OF UNFCCC IN VIETNAM AND PROVIDE SOLUTIONS FOR IMPROVEMENT

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1 TERMS OF REFERENCE ACTIVITY REVIEW THE ORGANIZATION AND IMPLEMENTATION STRUCTURE OF UNFCCC IN VIETNAM AND PROVIDE SOLUTIONS FOR IMPROVEMENT Title: 03 national consultants to review the organization and implementation structure of UNFCCC in Viet Nam and provide solutions for improvement Project ID & title: Enhancing Capacity for Implementing Rio Conventions Contract type: Individual consultants Duty station: Hanoi and field visit to selected provinces (if required) Duration & Timing: August to December 2017 Reporting to: Project Management Unit (ISPONRE), UNFCCC focal point I. INTRODUCTION This Terms of reference (TOR) is developed to address the activities under the Output 2.1: Increased planning capacity to ensure effective environmental and natural resources management under the Enhancing Capacity for Implementing Rio Conventions Project. The Project s Objective is: To enhance the capacity for implementing the Rio Conventions by developing and applying tools that will lead to global environmental benefits. The Project attempts to achieve this through 2 Outcomes: 1. Viet Nam has the environmental management tools that fully address global environmental concerns; and: 2. Viet Nam is integrating global environmental concerns into its national strategic planning and development processes. The project will support to attain Output 2.1: Increased planning capacity to ensure effective environmental and natural resources management. In order to do that, the project is looking for 03 national consultants to review the organization and implementation structure of UNFCCC in Viet Nam and provide solutions for improvement. II. BACKGROUND Vietnam ratified the United Nations Framework Convention on Climate Change in 1994, revised Doha in 2015, the Paris Climate Change Agreement in In the period 1994 to 2016, Vietnam achieved significant results in accordance with Determined to be a Party to the UNFCCC, namely: - Vietnam as well as other developing countries performs a number of general obligations under Article 4.1 of the Convention, such as the development of national notifications including national inventories of greenhouse gases; Assess the impact of climate change on socio-economic sectors; Develop and implement measures to adapt to climate change; Develop and implement greenhouse gas emissions mitigation programs and programs in the context of full support of capital and technology transfer from developed countries and international organizations; Conduct research and monitoring activities related to climate change and climate change related issues; Update and disseminate information to

2 raise awareness among policy makers and the general public about climate change, Clean Development Mechanism (CDM). - The Government of Viet Nam has issued a number of important documents as the basis for the implementation of the UNFCCC and the Kyoto Protocol in Viet Nam such as the Prime Minister's Directive on the Organization of the Implementation of the UNFCCC, the Protocol Kyoto and CDM; Plan for the implementation of the Kyoto Protocol under the UNFCCC; National Target Program to Respond to Climate Change; National Strategy on Climate Change; National Green Growth Strategy; National Action Plan on Climate Change ; Greenhouse gas emissions management scheme; Managing carbon trading activities on the world market. - To fulfill the obligations of a country party member of the UNFCCC, Vietnam has completed the construction of the First National (INC), Second (SNC) and Biennial Updates First (BUR1) submitted to the UNFCCC Secretariat in 3, 2010 and According to the UNFCCC, developing country Parties should submit BUR1 no later than December 2014 but up to now 16 Submitting BUR1. Vietnam submitted BUR1 on December 8, 2014 and was the second country to submit BUR1 after Namibia. The implementation of the Paris Climate Change Action Plan was also prepared and submitted for approval in October Vietnam is currently developing its second Biennial Update (BUR 2) and Third National Notification (TNC) - CDM is one of the three mechanisms under the Kyoto Protocol to achieve commitments to reduce greenhouse gas emissions. In recent years, the Government of Vietnam has created many favorable conditions for the development of CDM projects. To date, Vietnam has 257 projects and 11 CDM-registered PoA programs, and about 13 million Certified Emission Reduction Certificates (CERs) have been issued by the International Executive Board for CDM. CDM activity. Total reduction of GHGs of 257 CDM projects is about 139 million tons of CO2 equivalent in credit period. Worldwide, Vietnam is ranked fourth in terms of the number of registered CDM projects and ranked 11th in CERs. In addition, awareness raising activities are also focused in the past. In the context of the Paris Agreement on Climate Change adopted by the international community at COP 21, SP-RCC for the period and the National Plan for Action on Climate Change The Paris Climate Change Initiative has been approved by the Prime Minister, and the direction of many new and important national and international climate change missions needs to be strengthened to meet the specific requirements. Can be as follows: The Paris Climate Change Agreement was adopted at COP21 and came into effect on 4 November 2016, forcing countries (including Vietnam) to implement the provisions of the Agreement.. Vietnam officially approved the Paris Climate Change Agreement and issued the National Plan for the Implementation of the Paris Climate Change Agreement in October 2016 to implement the requirements of the Paris Agreement on Climate Change. Use it for Vietnam and make commitments in National Decisive National Contribution (NDC) of Vietnam.

3 The Prime Minister has also issued the SP-RCC Program as a vehicle for implementing the Plan for the Implementation of the Paris Agreement on Climate Change. The SP-RCC program is one of the most important mobilization channels to mobilize international resources to support the response to climate change in our country. In the context mentioned above, the consolidation of the Steering Committee was established under the Decision No / QD-BTNMT dated 17 September 2013 of the Minister of Natural Resources and Environment including representatives of departmental leaders of Ministries, branch. The Steering Committee is responsible for assisting the Minister of Natural Resources and Environment in directing and coordinating the implementation of the United Nations Framework Convention on Climate Change, the Kyoto Protocol, the Clean Development Mechanism; Direct the implementation of the project on management of greenhouse gas emissions; Managing carbon trading activities on the world market. In the context of the Paris Agreement on Climate Change adopted by the international community at COP 21, the SPS RCCP and the National Implementation Plan The Paris Agreement to 2030 in Vietnam has been approved by the Prime Minister, the direction of implementing many new and important national and international tasks on climate change needs to be strengthened to meet the requirements. Therefore, the evaluation of the institutional framework for the implementation of the UNFCCC in Viet Nam proposes that the organization and functioning of the UNFCCC Steering Committee, the Kyoto Protocol and the Paris Climate Change Agreement are highly needed. appliance. III. OBJECTIVES The selected national consultants will review the organization and implementation structure of UNFCCC; identify strength, weakness and challenges during the implementation of UNFCCC in Viet Nam; provide solutions for improvement such as revised working regulation for PSC of UNFCCC in Viet Nam, Kyoto Protocol (KP) and Paris Agreement (PA). IV. SCOPE AND TASKS Team leader (50 days) - Develop Inception Report including specific tasks for each consultant as well as time frame and methodologies to complete the activity - In collaboration with policy and institutional consultant to review legal documents relating to the implementation of UNFCCC, KP and PA + Review the establishment of national communication reports to UNFCCC; identify difficulties and challenges during the establishment of these reports in order to propose proper solutions; + Review legal documents in the period of , the implementation results of these legal documents, identify difficulties and challenges; + Evaluate the implementation results of CDM and NAMA project, identify difficulties and challenges, and provide solutions for improvement in order to contribute NDC report of Viet Nam;

4 + Review the implementation of projects, programme on climate change, identify difficulties and challenges, and provide solutions for improvement in order to ensure national commitments to PA and NDC in Viet Nam; - Coordinate with policy and institutional consultant to develop revised working regulation for PSC of UNFCCC, KP and PA + Clarify Project Steering Committee PSC s tasks and specific task for each member of PSC + Propose working regulations for PSC including the implementation of: UNFCCC, KP and PA (SP-RCC) + Collect feedbacks from stakeholders on PSC s working regulations - Collaborate with capacity building consultant to increase awareness and capacity for PSC s members + Identify the difficulties of UNFCCC focal point and provide solutions for capacity building + Develop capacity building scheme based on latest information relating to climate change negotiation, implementation of UNFCCC, KP and PA; especially evaluate global stock take (GST); develop and implement NDC. + Propose cooperation mechanism amongst sub-ministerial agencies, support focal point to fulfil its tasks in PSC s working regulations. - In collaboration with PMU and UNFCCC focal point, organize stakeholder consultation to provide inputs for finalize the PSC s working regulations - Take lead in development the consolidated report on organization and implementation structure of UNFCCC in Viet Nam Policy and Institutional consultant (55 days) Take lead in reviewing the legal documents on UNFCCC - Review legal documents in the period of , the implementation results of these legal documents, identify difficulties and challenges; - Review the development of national communication reports to UNFCCC; identify difficulties and challenges during the establishment of these reports in order to propose proper solutions; - Coordinate with the team leader to provide policy solutions for the implementation of UNFCCC, KP and PA - Collect feedbacks from stakeholders on proposed solutions Take lead in reviewing the institutional structure on UNFCCC - Review organization and implementation of UNFCCC in Viet Nam, identify strength and weakness - Identify the difficulties and challenges during the implementation of UNFCCC, provide solutions for enhancing UNFCCC focal point s capacity - Develop tasks for PSC and specific tasks for each PSC s member along with approved decision on the establishment of PSC - Propose working regulations for PSC including the implementation of: UNFCCC, KP and PA (SP-RCC) along with approved decision

5 - Organize consultation workshops to get feedbacks from stakeholders on working regulations of PSC - In collaboration with the team leader to finalize the working regulations of PSC Capacity building consultant (50 days): - Evaluate the implementation results of CDM and NAMA project, identify difficulties and challenges, and provide solutions for improvement in order to contribute NDC report of Viet Nam; - Review the implementation of projects, programme on climate change, identify difficulties and challenges, and provide solutions for improvement in order to ensure national commitments to PA and NDC in Viet Nam; - Conduct rapid capacity need assessment to implement UNFCCC, KP, PA and implement NDC to generate baseline inputs for the development of capacity building plan. - Develop capacity building scheme based on latest information relating to climate change negotiation, implementation of UNFCCC, KP and PA; especially evaluate global stock take (GST); develop and implement NDC. - Propose cooperation mechanism amongst sub-ministerial agencies, support focal point to fulfil its tasks in PSC s working regulations; V. DURATION OF ASSIGNMENT, DUTY STATION AND EXPECTED PLACES OF TRAVEL Duration and Timing: August to December 2017 Duty Station: Hanoi with travel to the field if required VI. DELIVERABLES/OUTPUTS - Inception Report, that includes the understanding and comments of the consultants on the TORs, the methodology to be followed, detailed work plan of the team - Assessment report on legal and institutional structure relating the implementation of UNFCCC, KP and PA in Viet Nam - Assessment report on implementation of UNFCCC, KP and PA in Viet Nam and capacity building scheme for stakeholders - Proposed organization structure and working regulations for PSC including the implementation of UNFCCC, KP and PA (SP-RCC) in Viet Nam along with approved decision - Capacity development Plan for UNFCCC VII. PROVISION OF MONITORING AND PROGRESS CONTROL The selected consultants will have regular meetings and discussion with ISPONRE/MONRE. She/He is required to regularly report to PMU/ISPONRE on the progress of the work based on the agreed work plan. VIII. ADMINISTRATIVE ARRANGEMENT PMU/ISPONRE will provide all logistical and administrative support to the selected national consultants regarding travel to the field; Documents: Copies of the following documents will be made accessible to the consultants upon commencement of the assignments: Project documents

6 Reference documents as required. IX. REQUIREMENTS/QUALIFICATIONS 01 Team leader - General expertise of climate change, UNFCCC - Master s Degree or equivalent in natural resources and environment sciences, law or related fields; - Minimum 10 years' working experience in related filed, including development of legal documents on climate change issues; - Proven experience in national and legal structure and related legal mechanism in Viet Nam; - Analyzing and synthesizing skills, track record of developing scientific research or relevant legal documents; - Proven knowledge of management structure, related regulation, and policy of the Government - Have experience in ODA project, especially UNDP-funded project - Track records of working in consultancy teams as a team leader is an advantage; - Good writing and presentation skills; - Practical working experience with relevant agencies from grassroots to central level; - Fluent writing and speaking skills in English. 01 Policy and Institutional Consultant - Master s Degree or equivalent in law, environment, climate change or related fields - General knowledge of policies projects relating to greenhouse gas emission; - Proven knowledge of management structure, related regulation, and policy of the Government; - Proven experience in national legal structure and related legal mechanism in Viet Nam; - Minimum 05 years' working experience in related field, including development of legal documents; - Analyzing and synthesizing skills, track record of developing scientific research or relevant legal documents; - Track record of working in consultancy teams is an advantage; - Have experience in ODA project, especially UNDP-funded project - Good writing and presentation skills; - Practical working experience with relevant agencies from grassroots to central level; - Fluent writing and speaking skills in English. 01 Capacity building consultant - General knowledge of policies, international projects relating to climate change issues; - Master s Degree or equivalent in law, environment, climate change or related fields - Minimum 05 years' working experience in related filed, including development of capacity building scheme relating climate change; - Track record of working in consultancy teams is an advantage;

7 - Have experience in ODA project, especially UNDP-funded project - Good writing and presentation skills; - Practical working experience with relevant agencies from grassroots to central level; - Fluent writing and speaking skills in English. X. REVIEW TIME REQUIRED AND PAYMENT TERM The first instalment of 20 % contract amount will be paid upon submission of inception report/detail work plan agreed by PMU/ISPONRE and UNDP The second instalment of 30 % contract amount will be paid upon submission of the 1 st draft report with satisfactory acceptance by PMU/ISPONRE and UNDP The third instalment of 30 % contract amount will be paid upon submission of the revised draft report with satisfactory acceptance by PMU/ISPONRE and UNDP The final payment of 20% will be paid upon the completion of final products under the contract, with satisfactory acceptance by PMU/ISPONRE and UNDP Deliverables inception report/detail work plan agreed by PMU/ISPONRE and UNDP draft report with satisfactory acceptance by PMU/ISPONRE and UNDP final products under the contract, with satisfactory acceptance by PMU/ISPONRE and UNDP Deadline 9 th August 30 th October 30 th December

8 XI. EVALUATION CRITERIA WITH ASSIGNED SCORES Consultant(s) experiences/qualification related to the services Team Leader Master s Degree or equivalent in natural resources and environment sciences, law or related fields; Minimum 10 years' working experience in related filed, including development of legal documents on climate change issues - Proven knowledge of management structure, related regulation, and policy of the Government - Proven experience in national legal structure and related legal mechanism in Viet Nam Analyzing and synthesizing skills, track record of developing scientific research or relevant legal documents Track records of working in consultancy teams as a team leader is an advantage Total 0 Policy and Institutional Consultant Master s Degree or equivalent in law, environment, climate change or related fields Minimum 05 years' working experience in related filed, including development of legal documents - Proven knowledge of management structure, related regulation, and policy of the Government - Proven experience in national legal structure and related legal mechanism in Viet Nam Analyzing and synthesizing skills, track record of developing scientific research or relevant legal documents Track record of working in consultancy teams is an advantage Total 0

9 Capacity building consultant Master s Degree or equivalent in law, environment, climate change or related fields Minimum 05 years' working experience in related filed, including development of capacity building scheme relating climate change - Proven knowledge of management structure, related regulation, and policy of the Government - Proven experience in national legal structure and related legal mechanism in Viet Nam Analyzing and synthesizing skills, track record of developing scientific research or relevant legal documents Track record of working in consultancy teams is an advantage Total 0 * (The additional interview either direct or through telephone/skype will be applied if necessary)