S&A Applicable Law Analysis for Vietnam
Terms of Reference
Applicable law analysis for Vietnam
The Rainforest Alliance is creating a more sustainable world by using social and market forces to protect nature and improve the lives of farmers and forest communities. The Rainforest Alliance Sustainable Agriculture Standard, along with its assurance and technology systems, are designed to deliver more value to the two million farmers and thousands of businesses that use Rainforest Alliance certification to drive more sustainable agricultural production and responsible supply chains.
In July 2020 Rainforest Alliance has released its new Certification Program with a complete set of new documents to increase the sustainability of agriculture and livelihoods all over the world. The Rainforest Alliance (RA) 2020 Certification Program defines our long-term vision for the future, and the path required to get us there.
After 02 years of implementation, we have just published version 1.3 of the Rainforest Alliance Sustainable Agriculture Standard in February 2023, which consists of the farm requirements and the supply chain requirements. Considering the feedback from farmers and other stakeholders, we have made adaptations in the standard for easier implementation and clarified and shortened requirements.
To strengthen our assurance monitoring activities and maintain relevance & respect for local regulations, Rainforest Alliance is looking for a professional or a company to conduct an analysis of the local regulations which are relevant to the RA 2020 Sustainable Agriculture Standard requirements.
Certification Bodies authorized for RA Standard 2020 will provide a law analysis of the countries within their scope. Theses analyses will be shared as input for this assignment.
1. Provide contextualization of the RA 2020 Sustainable Agriculture Standard requirements in comparison with the local applicable law enforcement systems in Vietnam.
1. Based on the farm and supply chain requirements, also observing the relevant Assurance documents of the Rainforest Alliance, identify and relate each requirement of the RA 2020 Standard to the applicable local laws and guiding documents (decree, circular, decision, directive…) in Vietnam.
2. Indicate, for each core requirement which is related to any of the legal requirements/documents being effective in Vietnam, whether the law or RA’s requirement is stricter. This should also be complemented by providing practical examples of what implications the law has on the auditing process of the RA 2020 standard.
3. Prepare a 2-hour webinar to approved Certification Bodies (CBs) in Vietnam to present the highlights of the analysis. This should be done in coordination with the Rainforest Alliance’s team responsible for ensuring the message being delivered is correct.
1. Excel worksheet with 08 columns respectively describing:
· Requirement number as listed in the RA 2020 Sustainable Agriculture Standard
· The code of the applicable law and number of relevant article/clauses
· Link to the referred law (from official website)
· Reason why such law is applicable.
· Interpretation when the law applies and not the RA Standard 2020 requirement and why
· Indication when the law is stricter than the RA Standard 2020 requirement and why
· Indication when the requirements of the RA Standard 2020 won’t be applicable in the context of Vietnam and why
· Implication for the auditing process of such requirement(s).
A format of the excel worksheet will be provided by Rainforest Alliance.
2. A PowerPoint presentation for a 2h webinar explaining the highlights of the analysis, critical requirements which the local law is stricter and links to the relevant laws.
A PPT template of the presentation will be provided by Rainforest Alliance.
· Organization, company or individual with at least 6 years of experience implementing and/or auditing the Rainforest Alliance Standard in the context of Vietnam; or similar years of experience in legal advisory focused in the agriculture sector in Vietnam.
· Strong knowledge of the legal documents system of Vietnam, especially those related to agriculture, forestry, environment, labour, health and safety.
· Excellent writing proficiency in English.
· Strong organizing and prioritization skills to meet agreed deadlines.
· Previous experience in conducting law analysis, especially for other sustainability standards.
F. APPLICATION PROCESS
Applicants are requested to submit their application through [S&A Applicable Law Analysis for Vietnam | Rainforest Alliance Consultants & Internships | Flexible (hirehive.com)] by September 10, 2023. The following documentation should be attached:
· A cover letter providing a summary of the consultant’s relevant experience, expertise and contacts;
· Updated CV(s) of the consultant or consultant team;
· Technical proposal indicating a draft work plan, methodology, timelines, etc;
· Financial proposal, which details hour/daily rates and time investment per deliverable and expenses;
· Company profile & portfolio if applicable.