[governance-vn] Judicial Development and Grassroots Engagement
Project (JUDGE) -
Social Survey on Legal Education and Dissemination Activities (readvertise]
Vern Weitzel
vern.weitzel at gmail.com
Sat Feb 2 03:41:15 EST 2008
Subject: Consulting opportunity - readvertise
Date: Fri, 1 Feb 2008 13:42:39 +0700
From: Bui Bich Lien <lien.bui at judgeproject.org>
Judicial Development and Grassroots Engagement Project (JUDGE)
9th Floor, Prime Centre
53 Quang Trung, Hanoi, Vietnam
Tel: +84 4 944 6340
Fax: +84 4 944 6342
MISINISTRY OF JUSTICE (MOJ) - JUDICIAL DEVELOPMENT
AND GRASSROOTS ENGAGEMENT PROJECT (JUDGE)
TERMS OF REFERENCE
Social Survey on Legal Education and Dissemination Activities
I. OBJECTIVES
• To assess the policy and legal framework for legal education and dissemination
activities;
• To evaluate current situation on legal education and dissemination. The
evaluation
should give assessments to the achievements and the shortcomings, and the reasons
thereof, including (but not limited to) organizations and persons to conduct legal
education and dissemination, mechanism for state management over the organization
and activities of legal education and dissemination;
• To propose short and long term recommendations and solutions with the view to
enhance quality and efficiency of the legal education and dissemination;
• To provide needed information and data for drafting the Law on Legal Education
and
Dissemination.
II. EXPECTED OUTPUTS
1. A comprehensive final report on outcomes of the survey on legal education and
dissemination. The Report shall consist of 100 pages as minimum (without Apendices)
and will have the following structure.
Part I: Introduction
• Analyze the circumstances of the survey;
• Objectives and scope of survey;
• Methods for survey and research;
• Review of previously conducted surveys (if any)
Part II: Results of survey, research and analysis - assessment of advantages,
disadvantages and the reasons thereof
Structure of this Part should be as follows:
• Overview on policy and strategic directions of the Party relating to the legal
education and dissemination;
• Assessment of legal framework on organization and conduct of legal education and
dissemination with the focus on the following main issues:
State and people’s awareness and standpoints on legal education and
dissemination;
2
Objective obstacles to the legal education and dissemination;
Organizational model for the legal education and dissemination;
Persons conducting the legal education and dissemination;
Persons being target of the legal education and dissemination;
Conduct of the legal education and dissemination: (i) procedure to conduct the
legal education and dissemination; and (ii) forms and measures to conduct the
legal education and dissemination;
State management on legal education and dissemination: (i) organizations and
persons in charge of management; and (ii) coordination mechanism in
management of legal education and dissemination
Management activities.
• Investment for legal education and dissemination (budget, working facilities etc)
Part III: Demands and recommendations by surveyees
Identifying demands and recommendations of the persons being surveyed on the
following issues:
• Model to organize legal education and dissemination activities
• Who are trainers
• Who are trainees
• Mechanism to provide legal information, to conduct legal education and
dissemination
• Forms and measures to conduct legal education and dissemination
• State management over legal education and dissemination
• Financial investment for legal education and dissemination.
Part IV. Conclusions, proposals, recommendations by survey team
Part V. Appendixes:
• Questionnaires;
• Checklist of questions for in-depth interview;
• Statistics data;
• List of references.
2. Summary Report
This is a 20-30 pages report that represent main results and outstanding proposals,
recommendations.
3. Requirement on format of the Reports:
The full and summary reports shall be prepared in Vietnamese and translated into
English. Reports shall be type-written and printed on A4-size paper, using Times
New
3
Roman font size 12, single spaced; spacing before is 12 pt, spacing after is 6
pt. Top
margin is 2,5cm; bottom margin is 2,5 cm; left margin is 3,5 cm; right margin is
2,5 cm.
Reports shall use footnotes, font Times New Roman size 10, single spaced; no
before and
after spacing.
III. SURVEY METHODOLOGY
The consulting organization (the Consultant) in charge of the survey shall be
responsible
for the use of selected methods of survey after consulting and agreeing with
Canadian
Technical Advisor and the Project Management Unit (PMU). The Consultant will work
closely with the Canadian Technical Advisor to ensure that the following
methodological
approaches are fully considered and addressed in the design of the survey, prior
to the
survey being conducted:
• Content and specific question design and additional targeted information
• Questionnaire Design and Interviewing Process (including personal/e-mail)
• Geographic Representation
• MOJ Cooperation, Support and Survey Independence
• Schedule and Timeframe for Survey
• Use of Pre-existing quantitative statistics
Hereunder are some suggestions for the conduct of survey.
The survey should be conducted by both qualitative and quantitative methods,
including
the desk research, in-depth interview and use of questionaires.
1. Desk research: Collect and review documents
Experts shall collect, review of all documents and materials relating to the
legal education
and dissemination (such as Party’s resolutions and documents, legal normative
documents, professional instructions/manuals, existing reports, data and
information
prepared by both Vietnamese and foreign experts) and analyze, those to prepare
the final
report.
2. Interview
Deep interviewees include: (i) ordinary people; (ii) experts; (iii) state
officials in charge
of management over legal education and dissemination and experienced trainers.
Minimum number of interviewees is 100 persons (about 30 at each group).
3. Conduct survey by Questionnaires
Conduct of survey by means of delivery of questionaires (through mail, email) or
direct
interview. To ensure quality of the survey and reliability of the data, minimum
number of
delivered questionaires should be 3,000.
4
3.1. The interviewees will include, at a minimum, (i) persons in charge of state
management over the legal education and dissemination; (ii) persons conducting
the legal
eduation and dissemination activities (trainers); (iii) persons being target of
legal
education and dissemination activities (trainees).
• Persons in charge of state management over the legal education and
dissemination:
Those are justice officers working for MOJ, provincial, district and commune levels
justice agencies
• Persons conducting the legal education and dissemination activities (trainers)
Legal officers working at the Legal Departments of ministries and other
central agencies, provincial People’s Committees
Law reporters and propagandists
Lecturers of law and citizens’ education at schools
Journalists and editors of law programs or columns at newspapers, radio and
television channels
Lawyers, law consults, legal aid workers
Grassroots level mediators
• Persons being target of legal education and dissemination activities (trainees):
Those are ordinary people at grass root level (classified by locality,
occupation, age,
etc.).
Actual classification of trainees shall be proposed by the consulting organization
with the justification thereof.
3.2. Questionnairs: Based on the role of each group of interviewed persons and
on the
survey objecdtive, one set of questionnair shall be design for each of
interviewed group.
3.3. Localities to conduct survey: The survey shall be conducted in all 64
provinces and
cities of Vietnam. Among those, field survey shall be conducted in 18 provinces
representing north, middle and south regions of the country (6 provinces for
each region).
Selection of provinces for field survey shall be discussed and agreed later.
However, the
selection should ensure the representative of urban and rural areas, remote
areas, lowland,
highland and mountainous areas, etc.
IV. TASKS AND REQUIREMENTS TO THE CONSULTANT CONDUCTING
THE SURVEY
1. Tasks
In order to reach the above mentioned objectives of the survey, experts from the
Consultant conducting survey shall have to perform the following main tasks:
• Collect, review, analyse and evaluate all Party’s resolutions and documents
relating
to the legal education and dissemination
5
• Collect, review, analyze and evaluate all State’s legal normative documents
governing the legal education and dissemination
• Collect, review, analyze the previous reports relating to the legal education and
dissemination, including internationally comparative reports on the issues. Propose
recommendations for the new model of organizing legal education and dissemination
institutions and activities more suitable to the current development of the
country.
• Collect, review, analyse and evaluate previous expert’s research and opinions
relating to the legal education and dissemination
• Design questionaires and checklist of in-depth interview questions.
• Conduct comprehensive research and field survey on actual situation of the legal
education and dissemination to draw out achievements, shortcomings, the reasons
thereof (with regard to organization and conduct of legal education and
dissemination; state management over the legal education and dissemination, etc.);
collect proposals, recommendations made by interviewees on directions for further
development of the legal education and dissemination, on mechanism of exercising
the state management over the legal education and dissemination suitable to the
current and coming socio-economic development and to the actual cultural, social
context of Vietnam.
• Sort the collected data based on agreed set of criteria used for this purpose;
analyse
and synthesise collected data.
• Draft the Final Report.
• Present Draft of Final Report at workshops to collect comments, opinions and
replies
from interested individuals and organizations at central and local levels.
• Complete reports based on information, opinions and comments collected from the
workshop. Compose a Report comprehensively evaluate the current situation of
organization and conduct of legal education and dissemination.
2. Requirements
The survey shall be conducted by an independent local consulting organization (the
Consultant) having appropriate experience. This institution shall be selected
through an
open bidding process. Hereunder are the minimum requirements to the bidder
• Has status of legal person (preference will be given to institutions that had
projects at
national, ministerial/provincial levels);
• Works in legal social research or community development fields;
• Has previous experience of conducting social surveys on law and/or social work
related topics;
• Has previous experience of working with foreign/donor programs, projects.
In order to carry out the survey, experts from the winning bidder should have the
following minimum qualifications and capacities:
• Holding bachelor or equal degree;
• Have at least 5 year experience of working in legal, research, social survey and
social development fields;
6
• Have general social knowldge;
• Have experience of conducting researches and social surveys and sufficient
knowledge on research and survey methods;
• Be able to work independently and in group;
• Have good synthetic and writing skills.
V. SURVEY ORGANIZATION and TIMING
JUDGE and the MOJ will jointly select the Consultant to undertake this survey. The
MOJ will be the key interlocutor on technical matters and will be responsible for
facilitating arrangements for the selected Consultant. They will also be key to
the overall
direction and approach that the Consultant will take on the survey. JUDGE will
provide
a Short Term Canadian Technical Advisor to work with the selected Consultant as a
technical resource to the Consultant. The Advisor will work as a member of the
Consultant team on the survey and will report to the JUDGE Field Director.
Afterward, the survey shall be conducted within 5 months, counting from January
2008
or February 2008. After the completion of bid and signing of contract with the
wining
bidder, the survey shall be conducted in the following time schedule:
• Weeks 1-2
Hold meeting of PMU, Department of Legal Education and Dissemination
and the bidder to discuss details of research, evaluation.
Design and select the survey method.
Collect and review documents needed for survey.
• Weeks 3-4
Design Detailed Outlines of the Report and Questionnaires, survey forms (if
applicable).
Discuss with the PMU and Department of Legal Education and Dissemination
on those documents.
• Weeks 5-14:
Deliver questionnaires, collect returns and analyze data.
Conduct in-depth interviews, group discussions (if applicable), and field
survey to selected localities.
• Weeks 15-17:
Draft the Final Report.
• Week 18:
7
Workshop commenting Draft of Final Report
• Weeks 19-20:
Edit draft report and officially release Final Report
This time schedule can be amended with the prior approval of the PMU.
VI. SUPERVISING THE SURVEY
Consultant conducting the survey shall work independently from the MOJ and be
responsible for the results of the survey/research. The Consultant will be
assisted by a
Canadian Technical Advisor that will work with the PMU on the selection process
for the
Consultant and will then work with the selected Consultant on the survey
methodology
that will be utilized. The Canadian Technical Advisor will be a resource to the
selected
Consultant and will work with the Consultant both from Canada and, on occasion,
in the
field, as the work requires.
MOJ (Department of International Cooperation and Department of Legal Education and
Dissemination) shall be the focal institutions of the Ministry to supervise the
timing of
the survey and research with the view to ensure the high quality and accuracy of
the
reports. The two mentioned departments and the PMU shall be responsible for
appointment of their officers to take part in the field trips. Department of
Legal Education
and Dissemination shall be responsible for organization of meetings, workshops
to gather
comments from the other relevant agencies.
VII. BUDGET
The budget for the activity will be agreed to between JUDGE and MOJ, based on the
methodology that is developed and accepted by the successful Consultant.
VIII. NOTES
All materials, documents and data collected during this survey belong to the MOJ
and the
JUDGE Project. No other individuals, organizations or institutions shall be
allowed to use
those materials, documents and data without prior permission of those two
institutions.
8
APPENDIX ONE: BACKGROUND NOTES AND OVERVIEW
The legal education and dissemination activities always hold an important place
in social
life. In the renovation process, the building of rule of law state of Vietnam of
the people,
by the people and for the people, these activities are increasingly improtant in
many
respects. Thus, after the Party introducted the policy of renovation,
development of
socialist-oriented market economy under the state management, the legal
education and
dissemination draw in more and more attention and are considered an important task
contributing to the enhancement of legal knowledge of the people and their sense of
obeying the law.
In the past years, the legal education and dissemination received due attention
from the
Party and the State. For the Party, enhancement of socialist legacy is always an
important
task aiming at strengthening the government and the socialism. The Party always
sees the
legal education and dissemination as a part of political education that should be
conducted on regular basis, by many different creative forms in order to create
the best
outcomes.
To institutionalize the Party’s policies and to create legal basis for the
conduct of legal
education and dissemination from central to grass root levels, the State has
promulgated
many legal normative documents, such as:
• Directive No. 315/CT dated 07/12/1982 of Chairman of the Council of Ministers on
the acceleration of legal education and dissemination;
• Directive No. 02/CT-TTg dated 07/01/1998 of Prime Minister on the acceleration of
the legal education and dissemination in the current situation;
• Decision No. 03/1998/Qð-TTg dated 07/01/1998 of Prime Minister on promulgation
of Master Plan on legal education and dissemination during 1998-2002 period and on
the establishment of Coordination Council for legal education and dissemination;
• Decision No. 1067/Qð-TTg dated 25/11/1998 of Prime Minister on approval of
Project on establishment and management of legal book shelves at commune level;
• Decision No. 13/2003/Qð-TTg dated 17/01/2003 of Prime Minister on approval of
Legal Education and Dissemination Program during 2003-2007 period;
• Decision No. 212/2004/Qð-TTg dated 16/12/2004 of Prime Minister on approval of
National Action Program on legal education and dissemination and on enhancement
of sense of obeying the law among officers and people at the commune level during
2005-2010 period.
During the last years, the legal education and dissemination has reached
important initial
achievements; people’s legal awareness and sense of obeying the law has been
increased
to a higher level. The legal education and dissemination activities have come
into the
nature of it, attaching to the very practical needs of the people. This greatly
contributed to
the maintaining of security, social order and enhancing the rule of law in the
country.
9
However, besides the achievements, in fact, the conduct of legal education and
dissemination still uncovers difficulties and shortcomings; the system of legal
provisions
on legal education and dissemination still contains many different deficiencies,
namely:
• The awareness of local party units and government as well as of ministries and
the
public on legal education and dissemination is not high and not sufficient and
equal
to the significant place and role of legal education and dissemination.
Therefore, the
investment to this kind of activities is still very limited in terms of
resources, times
and methodology.
• In the context where the laws are increasingly developed in number and complexity
and they cover more and more fields of social life; laws more and more efficiently
serve the renovation of the country and its economic integration, the legal
education
and dissemination activities still do not meet the arising demands of the
practice. The
conduct of legal education and dissemination at many localities still bear the
campaign character. They did not touch the very substance of legal provisions that
impact the life of people. Although already being developed, the forms of the legal
education and dissemination are quite poor. Therefore, these activities did not
bring
about the high efficiency, especially at the grass root level. Recently, the
Government policy towards legal education and dissemination is also not clear and
effective.
On the other hand, legal education and dissemination is not exclusive task of the
government, it should be considered as responsibility of the whole society. Demands
for legal education and dissemination arisen mostly from the grass root level.
However, at present, the ability and capacity of the local state agencies to
meet such
demands is still low. Meanwhile, measures had not been taken to draw in attention
and investment from the individuals and organizations on society.
• System of legal normative documents regulating legal education and
dissemination is
still fragmented and not completed. There is no legal document of high legal force
such as law and resolution promulgated by the National Assembly or ordinance
promulgated by the Standing Committee of the National Assembly regulating legal
education and dissemination. Therefore, the conduct of these kinds of activities
faces
many difficulties, especially in identifying and assigning the concrete tasks to
different ministries, localities and in creating cooperation mechanism and
allocation
of responsibilities of related agencies as well as in mobilization of resources
for legal
education and dissemination activities to be conducted in widespread, complex and
effective manners.
• The contingency of semi-full time officers charged of legal education and
dissemination activities (reporters, propagandists, mediators, etc.) is in lack of
quality and quantity. This is especially true at the grass root level. The legal
knowledge and skill training and the provision of documents and manuals for those
officers are not conducted on regular basis. In practice, efficiency in the
activities
10
conducted by those officers is low due to the fact that those officers are
semi-full
time, and that there is no clear management mechanism applied to them.
• In the context of building the rule of law state, economic integration, the legal
education and dissemination for businesses, for foreign individuals and
organizations
residing in Vietnam; for Vietnamese individuals and organizations residing abroad;
and the propaganda and dissemination of international and foreign laws to them is a
great and pressing demand. However, in the past time, very few legal dissemination
activities of these kinds have been conducted.
• There are still many deficiencies in mechanism for cooperation between state
agencies, local governments, Fatherland Front and social organizations in
conduct of
legal education and dissemination activities. This leads to the overlaps or gaps in
conducting those activities. So far, no measure has been taken to overcome the
situation.
• Budget and material basis, working equipment for legal education and
dissemination
activities are low and not meeting the demands for efficiently conduct of these
activities. This is especially true for the sections or localities that are in
difficulties.
Because there is no clear and strong legal basis, allocation of budget for legal
education and dissemination is totally dependent on the discretion of the local
government. This leads to the unequal situation at different sections and
localities.
The above analysis shows that the carrying out of project to draft law on legal
education
and dissemination is an urgent need that could contribute to the elimination of
mentioned
shortcomings and deficiencies.
The draft and promulgation of Law on Legal Education and Dissemination also
conform with
one of the objectives of the Legal System Development Strategy up to 2010,
vision to 2020
promulgated by the Party’s Politburo Resolution No. 48-NQ/TW dated 24 May 2005.
Resolution No. 900/UBTVQH11 promulgated by the Standing Committee of the XI
National
Assembly on 21 March 2007 on Plan to implement the Resolution 48-NQ/TW has put
forward the task to newly promulgate a number of important laws such as Law on
Official
Gazette, Law on assess to information and on legal education and dissemination,
etc. At
Conclusion No. 74 of the X Party’s Secretariat Board on the continuation of
implementation
of Party’s Directive No. 32-CT/TW on improvement of the party’s leadership in
the legal
education and dissemination, enhancement of officers’ and people’s sense of
obeying the law
also states: “Party units at the National Assembly shall continue to lead and
accelerate the
building and perfecting of the legal system, and by so doing to create a
comprehensive and
uniform legal basis for the people to life and work in accordance with the law;
... to
research and promulgate a separate law on legal education and dissemination to
serve as
uniform legal basis for regulation of the whole legal education and dissemination
activities”.
In order to prepare practical basis for the draft of law on legal education and
dissemination,
there is a need to conduct a survey on this issue. In addition, for quite a long
time, MOJ did
11
not carry out any research nor field survey on this issue. All of reports
prepared by the
Ministry were based mainly on the reports from the localities. This survey will
draw a
comprehensive picture of actual situation of legal education and dissemination
(system of
institutions, actual situation of management and activities of legal education and
dissemination, etc.). Outcomes of the survey will serve as basis for making of
strategic
proposals and recommendations on the draft of law on legal education and
dissemination.
During 2007-2008 period, the Project VIE/02/015 conducted research and field
survey on
actual access to law of people at the commune level. Part of that project was
the assessment
of actual situation on access of people at grassroots level to the law as result
of the legal
education and dissemination activities.
Therefore, the research and survey on legal education and dissemination shall
selectively
inherit the important evaluations in the research and survey on actual situation
of people’s
access to the law. At the same time, the survey outcomes shall be used together
with the
results of the Conference on 5 years of implementation of Government’s Legal
Education
and Dissemination Program during 2003-2007 which will be held in the beginning
of 2008,
and the result of the study tour abroad on legal education and dissemination
(this activity is
also funded by JUDGE Project). Outcomes of those activities shall be used as
important and
feasible basis for the draft of the Law on Legal Education and Dissemination.
THÔNG BÁO MỜI THẦU (Lần 2)
D án Phát trin tư pháp và s tham gia t cơ s (JUDGE) là D án do cơ quan phát trin
quc t Canada (CIDA) tài tr cho Chính ph Vit Nam nhm tăng cưng năng lc cho
khu vc tư pháp. D án JUDGE phi hp vi B Tư pháp chun b tin hành kho sát,
ñánh giá tng quan v hot ñng ph bin, giáo dc pháp lut.
Mc ñích ca kho sát này là:
- ðánh giá tng th v khung chính sách, pháp lut cho vic ph bin, giáo dc
pháp lut
- ðánh giá thc trng ph bin, giáo dc pháp lut
- ðưa ra nhng kin ngh và gii pháp ngn hn và dài hn cho vic tăng cưng
hiu qu hot ñng ph bin, giáo dc pháp lut
- Cung cp các thông tin và d liu cn thit cho vic son tho Lut ph bin, giáo
dc pháp lut
D án JUDGE và B tư pháp kính mi các ñơn v có ñ kinh nghim tham gia d thu
công vic này. ðiu kin tham gia d thu là: (i) có tư cách pháp nhân; (ii) hot ñng
trong lĩnh vc nghiên cu xã hi và pháp lut; (iii) có kinh nghim thc hin các kho sát
xã hi và pháp lut; (iv) có kinh nghim làm vic vi các d án quc t. Thành viên ca
nhóm kho sát phi: (i) tt nghip ñi hc; (ii) có ít nht 5 năm làm vic trong lĩnh vc
pháp lut, xã hi hoc phát trin; (iii) có kin thc xã hi; (iv) có kinh nghim thc hin
các kho sát xã hi, và kin thc cn thit v vic thit k các kho sát này; (v) có kh
năng làm vic ñc lp và làm vic theo nhóm; (vi) có k năng tng hp và vit tt.
H sơ d thu phi bao gm các ni dung sau: (i) ñ xut k thut trong ñó nêu rõ
phương pháp và cách thc tin hành kho sát theo yêu cu nêu trong ðiu khon giao
vic (TOR); (ii) ñ xut tài chính cho vic thc hin các công vic; và (iii) lý lch ca
các
thành viên tham gia kho sát. H sơ phi làm bng ting Anh và ting Vit, và làm thành
3 b.
Hn chót np h sơ d thu là 17 gi ngày 22 tháng 2 năm 2008, ti ña ch:
Bùi Th Bích Liên
Phó Giám ñc
Văn phòng D án JUDGE
Tng 9, Tòa nhà Prime Centre
53 Quang Trung, Hà Ni
ðin thoi: 944 6340
Fax: 944 6342
Email: lien.bui at judgeproject.org
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