National Consultant to Support Development of E-Commerce Guides for Lao PDR

TERMS OF REFERENCE

Title of assignment: Support development of 4 e-commerce guides for Lao PDR

Tentative start date: 10 June 2021

Tentative end date: 31 January 2022

BACKGROUND

The International Trade Centre (ITC), a joint agency of the World Trade Organisation (WTO) and the United Nations (UN), is the only multilateral agency fully dedicated to supporting internationalisation of SMEs. ITC’s mission is to foster inclusive and sustainable growth and development through trade and international business development. ITC’s projects and programmes contribute to the global efforts to achieve UN Global Goals for Sustainable Development and Aid for Trade Agenda.

The ARISE Plus Lao PDR project seeks to promote inclusive economic growth, increased climate change resilience, mitigate vulnerability (by reducing dependence on a limited number of sectors and markets), and create jobs in Lao PDR. The Ministry of Industry and Commerce (MoIC) is the focal point for the project in Lao PDR.

To achieve these objectives, ITC is supporting the Government of Lao PDR to achieve certain expected results, which includes, among others, increasing regional economic integration by implementing measures contained in the ASEAN Trade in Goods Agreement (ATIGA) and related ASEAN Economic Community (ASEAN) Blueprint 2025 commitments (Expected Result 1); increasing awareness on trade preferences for exports, including to the EU (Expected Result 2); and facilitating support for trade and investment promotion in targeted sectors (Expected Result 3). In this context, ITC is providing technical assistance to undertake relevant studies, strengthen domestic policy and institutional frameworks and implement necessary reforms, and build up capacity within the public and private sectors on relevant trade policy matters.

E-commerce is an increasingly important tool for trade - rapidly transforming commercial activity around the world and offering unprecedented opportunities to businesses and consumers. Countries throughout the ASEAN region are increasingly focusing on e-commerce and the legal frameworks necessary to foster business and consumer confidence. This has included the adoption of national e- commerce regulatory and legal frameworks and inclusion of e-commerce related policies within regional agreements. With the outbreak of Covid-19 in 2020, countries around the world are further realizing the importance of e-commerce as a means of enabling businesses to continue operations, increase access for consumers, and thereby ensure that the economy grows and becomes more resilient.

Lao PDR has undertaken commitments on e-commerce at a regional level and is engaging in multilateral discussions in this area as well, thus indicating its interest and commitment to developing and strengthening e-commerce. However, e-commerce in Lao PDR continues to remain within the realm of informal trade and is not widely used. This situation may stem from the lack of trust and awareness of the potential for e-commerce in Lao PDR and the region, and the limited capacity and understanding within the public and private sector to understand the various elements of building a trustworthy and effective e-commerce framework and engaging in e-commerce trade in Lao PDR.

While e-commerce is a relatively new trend, the e-commerce framework has evolved significantly over time, giving rise to new questions and rules on various aspects such as the legality of paperless transactions, e-signatures, protection of consumer data, etc; and e-commerce negotiations/dialogues on these various aspects have advanced on the multilateral, regional and bilateral stage.

In order to constructively contribute to e-commerce development in the country and actively engage e-commerce negotiations, it is important for relevant officials in the public and private sector of Lao PDR to:-

(a)    Understand clearly e-commerce concepts and their operation (such as e-payments, e- signatures), and also how various elements such as data protection and consumer protection contribute to facilitating e-commerce trade and setting up a trustworthy e-commerce marketplace in the country; and

(b)    Be up to date on the latest developments in e-commerce rules on the multilateral and regional level – particularly in the context of its application on LDCs and within the ASEAN context.

In view of the above and based on consultations held with the Department of Foreign Trade Policy (DFTP) of the Ministry of Industry and Commerce (MoIC), ITC will develop Guides on the following selected e-commerce topics:

(i)                  E-Commerce Transactions (E- Contracting, E-Payments and E-Signatures)

(ii)                 Data Protection and Privacy

(iii)                E-Commerce and Consumer Protection, and

(iv)               International Trade Aspects of E-Commerce.

While stakeholders do have access to a broad range of e-commerce material (studies, reports, articles, videos) online, the objective of these Guides is to synthesise key information on these selected e-commerce topics to effectively as a first point of reference for stakeholders in Lao PDR to understand complicated concepts, and be informed of regulatory developments, international best practices and negotiating positions adopted at a multilateral and regional level. The Guides are to be accessible to a wide audience, and accordingly, the approach adopted for the Guides will be to present technical analyses in a simplified manner and easy-to-grasp manner, and thereby make the content relatable to different stakeholders.

Through these efforts, the goal is to build up awareness and capacity within the public and private sectors to develop the necessary knowledge to actively engage in e-commerce trade and contribute to policy reforms and developments in this area These Guides will be useful for officials across various Ministries/departments engaged in developing and implementing e-commerce policy in Lao PDR, implementing legislation, and engaging in relevant negotiations. In addition, the Guides can also be used by private sector operators, including SMEs, seeking to better understand the concept of e- commerce, how it operates, and the rules that are in place to regulate e-commerce trade.

The Guides will, as relevant, place focus on aspects relevant for Least Developed Countries (LDCs) and instruments/practices adopted by the ASEAN region, as well as other similar regional trading arrangements; and make references as deemed necessary to Lao PDR legislation, policies, etc.

To develop the four guides, ITC is recruiting International Consultants (ICs) and a National Consultant (NC). This ToR covers the activities of the National Consultant to support the development of the four guides.

DUTIES AND RESPONSIBILITIES

The NC will work under the overall supervision of the Senior Officer, Business and Trade Policy, Trade Facilitation and Policy for Business (TFPB) section, to support the IC to undertake research for the regulatory assessment and finalize the study.

In this context, the duties and responsibilities of the Consultant are as follows:

1.    Support for the drafting of the four e-commerce guides.

The NC will support the ICs in the process of drafting the four e-commerce guides - The NC will assist the IC by undertaking any research requested by the IC, which can include:

-          Desk research to provide a list and summary of Lao PDR’s laws, regulations and other relevant instruments related to e-commerce and more specifically to the topics to be covered in the Guide;

-          Translate or provide summaries of any important documents available only in Lao language;

-          Consultant with relevant stakeholders to locate/identify documentation and seek clarifications;

-          Participate in meetings undertaken online with stakeholders in Lao PDR to discuss comments/feedback received on the guides; and

-          Provide a short summary of the work undertaken to ITC

2.    Review translations of the e-commerce guides and infographics produced based on the guides

Upon development of the four guides, the ICs will also develop infographics for each of the Guides. The four guides and the infographics will be translated into Lao language in order to broaden reach of the Guide to a wider audience.

The NC will review the translations of the guides and the infographics and undertake necessary revisions – to ensure that the concepts are translated accurately, and are presented in a manner that is simple and easy-to-absorb, and technical concepts are explained clearly and in an understandable manner.

3.    Support relevant arrangements and participate in the trainings organized for each of the E- Commerce Guides.

Upon development of the guides, the IC will deliver trainings (online) for relevant stakeholders in Lao PDR for each of the Guides.

The NC will support delivery of these trainings, which can include:

-          Providing inputs on the presentations developed,

-          Content translated where relevant (or if presentations are professionally translated – reviews of translations undertaken);

-          Presenting relevant content and responding to queries raised by the stakeholders at the training in Lao language, and

-          Provide a short summary of the work undertaken to ITC.

The Consultant is responsible for all submitted documents and must ensure that they are not plagiarised. Any plagiarism, copying or closely reproducing another’s work without accrediting the legitimate author, in the documents submitted would result in a refusal of the submitted document.

DELIVERABLES AND TIMELINES

Activity 1: Support provided for development of the four e-commerce guides

Output 1: List legislation, regulations and relevant instruments identified submitted; summaries/translations of content provided; consultations with stakeholders undertaken; and summary report provided to ITC based on work delivered.

Timeline: June – September 2021

Activity 2: Support provided to review translations of the four guides and infographics

Output 2: Translations of the four guides and four infographics reviewed, and revisions undertaken as appropriate

Timeline: October – December 2021

Activity 3: Support provided and participation in trainings organized for each of the e-commerce guides

Output 3: Inputs provided for presentations; support for translation of content; participation at the trainings; and summary report provided to ITC based on work delivered.

Timeline: December 2021 - January 2022

EXPERIENCE AND SKILLS REQUIRED

EDUCATION

·         Advanced academic/professional qualifications in international trade, law, or international relations

EXPERIENCE

·         Minimum of 3 - 5 years of research experience – including experience in reviewing legislation, and drafting reports.

·         Previous experience/engagements in projects/activities relating to e-commerce and services trade will be an added advantage

SKILLS

·         Strong analytical and drafting skills

·         Excellent communication, networking and writing skills

·         Ability to convey complex information in an easily understandable and pedagogical manner

·         Capacity to work effectively with the ITC team

LANGUAGES

·         Fluency in written and spoken English and Lao language.

If you are interested in applying for this position – please write to Vidya Nathaniel at vnathaniel@intracen.org using the subject line ‘National Consultant Position – E-Commerce Guides for Lao PDR’ with a copy of your Curriculum Vitae – on or before 17 May 2021.