INVITATION TO BID FOR CONSULTANCY SERVICES Activity name: Support Directorate of Fisheries (DFish) in reviewing and revising functions,

responsibilities and organizational structure of units under DFish to fit with actual situation and providing recommendations on a fisheries management system from central to provincial levels to be aligned with new set up in Ministry of Agriculture and Rural Development.
Activity reference number: MARD/FSPS-II STOFA/2010/2.1.23 Deadline: 15hrs on July 9th, 2010. Contact Person: 1.Mr Vu Anh Tai, Deputy Director of STOFA Component Tel: 04.3 7347128, Mobile: 0904 314387 Email: Vuanhtai@mard.gov.vn 2.Ms. Tran Khanh Linh, Component office Specialist, STOFA Component Tel: 04.3 7347127, Mobile: 0934451181 Email: linhtk.stofa@mard.gov.vn Address: STOFA Component management board, 1st floor, B4 building, Ministry of Agriculture and Rural Development, No 2 Ngoc Ha, Ba Dinh, Ha Noi

TERMS OF REFERENCE on
Reviewing and revising functions, responsibilities and organizational structure of units under the Directorate of Fisheries (D-Fish)to fit with actual situation and providing recommendations on a fisheries management system from central to provincial levels to be aligned with new set up in Ministry of Agriculture and Rural Development. (Activity 2.1.23/2010 work plan) 1. BACKGROUND. Implementing the Decree No 75/2009/ND-CP dated September 10th, 2009 by the Government regarding establishment of 3 General Departments under Ministry of Agriculture and Rural Development: Forestry, Water Management, and Fisheries; and Decision No 05/2010/QD-TTg dated January 25th, 2010 by Prime Minister stipulating regulations on functions, responsibilities, authorities and organizational structure of the Fisheries General Department; Based on the 2010 work plan, Administration Office under the Fisheries General Department implement the activity of 2. OBJECTIVES:
Overall objective: To streamline the organization of nationwide fisheries administration system at all levels in accordance with legal framework mentioned above and in orientation to sustainable development of fisheries sector. To assist D- Fish Administration office management in collecting information and making recommendations to submit to the General Director of DFish for issuing the Decisions which will stipulate revised functions and responsibilities, authority and organizational structures of 5 units under DFish; and at the same time make

recommendations on advantages and disadvantages of merging of departments of fisheries resource exploitation and protection and departments of aquaculture into a fisheries management bodies at provincial level.

3. OUTPUTS No Outpu t1 Activities Surveys conducted in 7 provinces (Bn Tre, An Giang,

Responsible agencies/persons consultant; staff from MARD/MOHA/DFISH

Bnh nh, Nng, Nam nh, Ngh An, Qung Ninh) with regard to assessments on current organizations,

Outpu t2

Outpu t3

functions, responsibilities and authorities of DFish units and provincial fisheries management entities. Surveys conducted for 18 days & a report produced by August 30th, 2010 which include the following: - Current status in terms of organizations, functions, responsibilities and authorities of DFish units and provincial fisheries management entities; possible advantages and challenges? Possible overlaps in functions and responsibilities? - Recommendations for revising the current Decisions on functions, responsibilities, authorities and organizational structures of 5 units under D Fish (DECAFIREP; Department of Science, Technology and International Cooperation; Department of Aquaculture; FICEN; and the Centre for Aquaculture Testing and Experiment); - Draft outline of a Project on streamlining organizational structures, clarifying functions, responsibilities and authorities of fisheries management entities (fisheries resource exploitation and protection; aquaculture; fisheries quality assurance) at local level to be aligned with the Decree No 75/2009/ND-CP dated September 10th, 2009 by the Government & Decision No 05/2010/QD-TTg dated January 25th, 2010 by Prime Minister. Draft Decisions which stipulate the amendment and Consultant addition of functions, responsibilities, authorities and organizational structures of 5 units under D Fish (DECAFIREP; Department of Science, Technology and International Cooperation; Department of Aquaculture; FICEN; and the Centre for Aquaculture Testing and Experiment) and a draft Project on streamlining organizational structures, clarifying functions, responsibilities and authorities of fisheries management entities at local level. The draft documents will be produced by October 10th, 2010. A workshop conducted in Ha Noi for 40 participants to get Consultant & DFISH feedback and comments for revising the draft documents produced in output 2. Composition of participants: representatives from fisheries related MARD Departments, DFish units, Governmental Office, MOHA, and DARDs. The workshop conducted in Hanoi on 14/9/2010
The findings presented and feedback incorporated by consultants, minute recorded by D Fish.

Outpu t4

Final draft documents (both in English and Vietnamese) produced incorporating feedbacks and comments received in the workshop. The final draft documents produced by 30/10/2010.

Consultant.

4. Methodology: Study of relevant documents related to functions, responsibilities, authority and organizational structure of D Fish and its subordinate units; Surveys, interviews; Workshops 5. Activities of the consultants: Develop a plan for implementation of the assignment; Survey, collect data and analyze relevant documents and data with MARD/D Fish/MOHA team Conduct surveys Produce draft Decisions and Project; Present findings at a workshop and incorporate feedbacks; Make reports as per output deadlines; 6. Staffing for outsourced outputs
D Fish Administration office is outsourcing outputs 1, 2 & 4 to one short-term consultant; it is expected that the consultant will cooperate with D Fish Administration office to implement the Output 3. Qualification of the consultants: Bachelor degree At least 10 years experience in Management and Organization structure of agencies at local level At least 5 years experience with fisheries management and information flows At least 5 years working experience in formulating legal documents

7. Time Frame: It is expected that the consultancy will take place over 4 month period from July to October 2010. 8. Reporting:
Mr. Le Trung Kien, Deputy head of D Fish Administration office, and Mr. Nguyen Manh Cuong, D Fish Administration office staff shall have the responsibility to monitor, supervise, evaluate and report on the work accomplished, and at the same time debrief OPD leadership on the progress and implementation of the activity. The consultancy will be conducted under the direction of Mr. Le Trung Kien, Deputy head of D Fish Administration office, and Mr. Nguyen Manh Cuong, D Fish Administration office staff, who will ensure coordination and implementation of this activity and will introduce the consultants to all key and collaborating stakeholders at the central level and will facilitate access to all documents, materials, databases etc. as requested by consultants. All materials and data collected in consultancy process are property of D Fish and will only be copied and/or reproduced with the permission from D Fish.

9. Inputs: During the consultancy, D Fish Administration Office will make available all relevant documents to the consultants; All associated cost should be included in the consultants tender document; STOFA management reviews and provides budgets to cover costs related to consultancy inputs, traveling expenses and per diems for MARD/D
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Fish/MOHA staff involved in the survey, and workshop organization in accordance with rules and regulations in the current FSPS II Financial Management and Procurement Manual. 10. Responsibilities: Activities

D Fish Administration office

STOFA Consultant

Develop the outline and working plan Conduct the survey

X X X

Produce draft Decisions and Project. Organize the workshop. Revise the draft Decisions and Project incorporating comments of the workshop participants Approve the revised Decisions and Project Submit the final draft Decisions to General Director of D Fish for approval; submit the final draft Project to Minister for consideration. Pay consultancy fees, cost for travelling and conducting workshop

X X

During the consultancy work, the consultant(s) Is/are responsible for taking out professional liability, and health, accident and travel insurance policies covering the entire consultancy period; Must pay personal income tax, as required by the law of Vietnam, on any money and allowances received or VAT if a company; Is responsible for arranging all transport and this should be accurately estimated in the tender bid under reimbursable cost; Will arrange (use own, rent or borrow) the use of a portable computer for the entire training period and will be solely responsible him/herself for backing up, prevention of virus attack and the integrity of any data collected; and Must budget for and arrange translation of the documents and reports as outcomes of the consultancy work as required. In this case, the translation cost should be included in the tender bid under reimbursable costs. Must report on outcomes of consultancy work as scheduled in the TOR. 11. Attachments / Enclosed Documents: Decree No 01/2008/ND-CP dated January 3rd, 2008 by Government on functions, responsibilities, authority and organizational structure of Ministry of Agriculture and Rural Development;
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the Decree No 75/2009/ND-CP dated September 10th, 2009 by the Government regarding establishment of 3 General Departments under Ministry of Agriculture and Rural Development: Forestry, Water Management, and Fisheries; Decision No 05/2010/QD-TTg dated January 25th, 2010 by Prime Minister stipulating regulations on functions, responsibilities, authorities and organizational structure of the Fisheries General Department; Decision No 33/QD-TCTS-VP dated April 26th, 2010 by General Director of D Fish stipulating regulations on functions, responsibilities, authorities and organizational structure of Department of Fisheries Resource Exploitation and Protection; Decision No 36/QD-TCTS-VP dated April 26th, 2010 by General Director of D Fish stipulating regulations on functions, responsibilities, authorities and organizational structure of the Centre for Aquaculture Experiment and Testing; Decision No 33/QD-TCTS-VP dated April 26th, 2010 by General Director of D Fish stipulating regulations on functions, responsibilities, authorities and organizational structure of Fisheries Information Centre; Decree No 13/2008/ND-CP dated February 4, 2008 by Government stipulating specialized agencies under People Committees in provinces and centrally-run cities; Decree No 14/2008/ND-CP dated February 4, 2008 by Government stipulating specialized agencies under People Committees in districts & towns and cities managed by provinces; Inter-ministerial Circulars No 01/2005/TTLT-BTS-BNV dated February 3rd, 2005 by Ministry of Fisheries and Ministry of Home Affairs providing guidelines on functions, responsibilities, authority and organizational structure of fisheries management agencies under People Committees in provinces and centrally-run cities.