Stta Digital Trade Legal Expert

2 weeks ago

Hanoi, Vietnam IDG Full time

**Vietnam Digital Trade**
**SCOPE OF WORK**
**STTA Digital Trade Legal Expert (lead)**

**Date**: XXX February 2024
**Position**: STTA Digital Trade Legal Expert (lead)
**Reports to**: USAID Vietnam Digital Trade (VDT) Technical Team
**Location**: Hanoi or other provinces in Vietnam (if required)
**Eligibility**: Vietnamese Nationals
**LOE**: (STTA) 50 days
**Period of Performance**: February - September 2024

International Development Group LLC is an international development consulting firm that assists donors, governments, and the private sector to create and take advantage of opportunities for sustainable, broad-based economic development and poverty reduction. IDG provides entrepreneurs and policymakers with the practical tools needed to achieve real and measurable impact for their communities and countries. IDG assistance programs aim to build the capacity, skills, and knowledge of local individuals and institutions in the public, private, and not-for-profit sectors, fostering synergies between local knowledge and international experience.

**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. 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.

**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 came 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 the 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 by 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 promoting the development of trade activities in the digital environment, 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 an

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