The
ABA-UNDP International Legal Resource Center (ILRC) has received a request from UNDP/Viet Nam for a
senior expert to conduct a comparative study on “Methods on Land Dispute.”
Land
grievances dominate complaints sent up to the central government which is
usually accounted for no less than 70% of all types of administrative complains
and petitions in Viet Nam during 10 years since the existing Land Law of 2003
came into effect. Along with the Land Law, Viet Nam has many laws and related
decrees, directives, and guidelines related to land and its management. These
normative documents are regularly updated and amended reflecting the pressures
associated with a market-driven economy with a socialist orientation.
Revisions of the Land Law have now placed on National Assembly’s agenda for approval in June 2013. The new revisions if approved can come into effect in January 2014. Therefore, it is timely to provide advice on alternative solutions to remove existing biases in the law, to create equitable treatment across land users, and to ensure due process in land conversion and recovery, fair treatment in resolving complains and grievances. In order to recommend policy options in supporting the protection of all legitimate rights and interests of land users, UNDP/Viet Nam will commission a comparative study on international experiences on available remedies for resolving land disputes with emphasis on institutional analysis. The study will help identify alternative good practice and lessons for Viet Nam to consider in its review of the current system of handling land disputes, particularly disputes about land conversion and recovery.
Revisions of the Land Law have now placed on National Assembly’s agenda for approval in June 2013. The new revisions if approved can come into effect in January 2014. Therefore, it is timely to provide advice on alternative solutions to remove existing biases in the law, to create equitable treatment across land users, and to ensure due process in land conversion and recovery, fair treatment in resolving complains and grievances. In order to recommend policy options in supporting the protection of all legitimate rights and interests of land users, UNDP/Viet Nam will commission a comparative study on international experiences on available remedies for resolving land disputes with emphasis on institutional analysis. The study will help identify alternative good practice and lessons for Viet Nam to consider in its review of the current system of handling land disputes, particularly disputes about land conversion and recovery.
This study seeks
to identify and analyze a set of three countries—to be suggested by the
expert--who face similar challenges and managed to set up effectual mechanisms
in dispute settlement, and compare with Viet Nam’s to point out good practices
and lessons from similarities and peculiarities across the selected
administrations and judiciaries. The research will adopt a comparative legal
analysis approach to examine the role of formal and informal institutions
including but not limited to the judiciary, extra-judicial and/or hybrid methods
of dispute resolution that the studied country(s) has adopted; and to analyze
the way and trend in which the country (within its legal, cultural and
institutional context) emphasis in resolving land grievances and disputes.
Drawing on the overall country analysis, the research will identify the most
appropriate or effective way to resolve disputes which appear significant in
relation to removing biases toward social stability and to enhancing
effectiveness and fairness in resolving land disputes, and to consider the
degree to which such factors can be successfully implemented in the context of
Viet Nam.
The tentative
timeframe for this research will be an estimated 33 working days, comprising of
two concrete phases:
Phase 1: June -
July 2013 – home-based research
Phase 2: 1 August
- October 2013 – home-based and one business trip to Hanoi in August or
September for fieldwork for three (3) working days.
Experts
must review the detailed terms of reference and follow precise instructions.
Application materials are due June 4th, 2013, 5pm EDT
S/he must have
the following minimum requirements:
Advanced degree
in comparative legal studies, interdisciplinary legal studies, and/or political
science studies;
At least 10 years
of experience conducting applied research in developing countries, preferably in
the analysis of Asian
and emerging middle income economies;
Demonstrated
expertise on empirical legal studies on land disputes
Preferably having
knowledge and/or experiences on Vietnamese legal studies;
A strong
international publications record; and
Proven ability to
write clear, jargon-free English
Please
find an in-depth summary of this request as an attachment [Not included - SPD]. We would be most
appreciative if you would review and determine whether you, anyone you know or any organization with which you
are affiliated may have any knowledge of experts who might be good candidates.
If you or members of your organization are interested in working with
UNDP, please send expression of interest by June
4th, 2013, 5pm EDT. As
always, we appreciate your assistance and please do not hesitate to contact us
for more information or if you have any questions.
*Apologies
for the short turnaround.
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