OPPORTUNITY: ABA-UNDP International Legal Resource Center (ILRC) - Viet Nam

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.

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.