TERMS OF REFERENCE

RECRUITMENT OF CONSULTANTS TO CONDUCT AN ASSESSMENT ON CHILD PARTICIPATION

I. PROJECT INFORMATION

The project " Increased Accountability to Eliminate Violence and Discrimination Against Children with Disabilities (AVAC))" is implemented by the Management and Sustainable Development Institute (MSD) with the support of Save the Children International in Vietnam (SCI). The project has been implemented from 1/2023 to 12/2024 in Hanoi, Da Nang and Ho Chi Minh City.

The goal of the project is to collaborate with social organizations and relevant stakeholders, together with government agencies at all levels, to ensure the full implementation of children’s rights as committed, specifically the right to meaningful participation and protection from all forms of violence against children, especially children with disabilities. The project provides necessary intervention measures to ensure the rights of children, including children with disabilities, of all gender identities, with the support of relevant social organizations and stakeholders. Its aim is to enable meaningful participation of children in policy-making processes and to protect them from all forms of violence.

The project specifically aims to improve the quality of life for children by fostering the realization of their rights in both real-life and digital contexts, including within families, schools, communities, and online platforms. It favors positive impact on children, especially on children with disabilities and the project’s stakeholders, including parents and/or caregivers, guardians of children under 18 years old. Social organizations play a crucial role in amplifying the voices of the most vulnerable individuals to relevant parties and policymakers at all levels, who are also important stakeholders in the implementation of children’s rights.

The participation of all responsible parties in project implementation is one of our priorities to ensure accountability and the involvement of all stakeholders in realizing children’s rights. Children, including children with disabilities, parents and/or caregivers, are equipped with knowledge and skills on child protection and child participation, supported by social organizations and stakeholders, to participate meaningfully and be protected from all forms of violence. Social organizations and networks, including disability networks, have the capacity to amplify the voices and concerns of children regarding physical and psychological punishment (PHP) and online harassment. The state and relevant parties support and promote meaningful child participation and the right to protection in direct and online contexts (family, schools, communities, online).

II. CONTEXT

The United Nations Convention on the Rights of the Child (CRC) acknowledges the right of children to express their views on matters concerning them and to have these views taken into account. When fully realized, these rights create opportunities for children to exercise their political, social rights in relation to civil, cultural, and economic rights.

Vietnam’s Law on Children 2016 devotes an entire chapter (Chapter V – “Children’s participation in issues related to children," from Article 74 to Article 78) which specifies the scope and forms of children’s participation in issues related to children, ensuring children’s participation within the family, ensuring children’s participation in schools and other educational institutions, organizing representative bodies for children’s voices and wishes, and ensuring children’s participation in issues related to children.

To specify the provisions of the Law on Children, the Government’s Decree No. 56/2017/ND-CP dated May 9, 2017; details the responsibilities of ministries, equivalent bodies, government agencies, people’s committees at all levels, representative organizations for children’s voices and wishes, political-social organizations, social organizations, vocational-social organizations, educational institutions, child protection service providers, social assistance facilities, public information agencies, and organizations providing services on the internet environment, as well as families in ensuring children’s participation in issues related to children.

Decision No. 23/QD-TTg 2021 by the Prime Minister approves the National Action Program for Children for the period 2021-2030, with Goal 4 focusing on promoting children’s participation in issues related to children. Circular No. 27/2022/TT-BLDTBXH provides guidance on children’s participation in activities outside the family and outside educational institutions. These are important legal documents that promote children’s participation at all levels.

From September 2019 to February 2020, the Management and Sustainable Development Institute (MSD) in collaboration with Save the Children (SC) conducted a survey called “The Voice of Vietnamese Children" in 7 provinces/cities across all three regions: Northern, Central, and Southern (Hanoi, Ho Chi Minh City, Thua Thien-Hue, Dak Lak, Lao Cai, Tien Giang, Hai Phong) with the participation of 1,692 children aged 11 to 16. The report revealed that children are still limited in their participation at all levels: in families, schools, and communities.

To provide a good basis for policy advocacy and contribute to the effective implementation of children’s participation rights in Vietnam, MSD plans to recruit a consulting firm or a group of consultants to collaborate with MSD and SC (hereinafter referred to as the Organizing Committee), and relevant agencies and organizations to conduct an assessment on children’s participation from July to December 2023, with the following details:

III. GOAL AND OBJECTIVES OF THE ASSESSMENT

Goal:

• To provide opportunities for children to voice their opinions on issues related to children.
• To promote the effective implementation of children’s participation rights in Vietnam, through:

+ Providing information to state agencies, local authorities, schools, social organizations, and international organizations in Vietnam to develop strategies, policy planning, and effective implementation programs for children’s participation rights.

+ Mobilizing central/local government agencies and relevant parties to make efforts to improve the implementation of children’s participation rights, including changing practices and policies.

Objectives:

• To identify gaps in policies and measures for implementing children’s participation in prevention of violence in Vietnam (including those regarding children with disabilities),
• To discover effective models/innovations that promote children’s participation in violence protection at various levels; hence,
• To provide recommendations and proposals to enhance the effective implementation of children’s rights in violence protection Vietnam.

IV. RESEARCH QUESTIONS

The assessment is expected to provide answers to the following key questions:

1. What are the current international and Vietnamese legal frameworks related to promoting the participation rights of children, including children with disabilities, including which provisions and documents? Are the Vietnamese legal provisions compatible with Convention on the Rights of the Child legal provisions?
2. What advantages and challenges are created by Vietnamese legal provisions regarding ensuring children’s participation and promoting children’s participation? Are there any gaps or shortcomings?
3. How children’s participation rights are implemented, including rights of children with disabilities, being carried out in families, schools, online environments, and the community? What are the advantages, difficulties, and obstacles?
4. What are the current good practices in implementing children’s participation rights at different levels? How can these models be replicated or maximized?
5. What is the role of social organizations manifested in promoting children’s participation?
6. What should be proposals and recommendations to further promote children’s participation, including that of children with disabilities?

V. DETAILED ASSESSMENT CONTENT AND ASSESSMENT SUBJECTS

Part 1: Review of the legal framework and practices of the state system in promoting the implementation of children’s participation rights, specifically eliminating violence against children.

The review will focus on:

• Review of the international and Vietnamese legal frameworks for promoting children’s participation rights, especially children with disabilities.
• Identifying the current practices of national policies, programs, and models at the central and local levels within the state organizational system (analyze the implementation process with advantages, and difficulties of policies and models).

Scope of the Assessment:

• International legal provisions and Vietnamese legal documents regarding children’s participation issued by state agencies from the central to local levels.
• Officials from state management agencies for children from the central to local levels.

Part 2:  Assessment on the current status of implementing children’s participation rights in families, schools, local authorities, government agencies, and the community (at all levels).

The assessment will focus on:

• Studying the awareness and obstacles in the practical implementation of children’s participation rights, particularly for children with disabilities, within their families, schools, and communities.
• Studying the awareness and practices of schools and parents in promoting the implementation of children’s participation rights within families, schools, and the community settings.
• Studying the awareness and practices of social organizations in promoting the implementation of children’s participation rights within families, schools, and the community settings.
• Studying the awareness and practices of media agencies, institutions, and organizations providing services in the online environment.
• Assessing the effectiveness of models promoting children’s participation, especially those targeted towards children with disabilities, currently implemented in Vietnam, in terms of cost, applicability/adaptability/responsiveness, and community impact when evaluating the models.
• Providing recommendations to improve the policy framework and enhance the effective implementation of participation rights for all children, including vulnerable groups.

Key informants

• Representatives of international organizations and social organizations involved in promoting children’s participation rights in Vietnam.
• Representatives of schools (from primary to high school) in the surveyed areas.
• Teachers, parents, and caregivers.
• Children aged 10-16 in both urban and rural areas, including vulnerable groups, children currently attending school, and children who have dropped out of school, encompassing both boys and girls, LGBT children, children with disabilities, ethnic minority children, and migrant children. Expected sample size: 2,000-3,000 children, sample size by age group, province, and rural/urban area should be well balanced and representative for provinces/regions, rural/urban areas, gender and age groups.

VI. ASSESSMENT LOCATIONS:

In 10 provinces/cities, including representatives from different regions, the suggested locations include:

• Northern region: Hanoi, Dien Bien, Yen Bai.
• Central region: Dak Lak, Quang Tri, Thua Thien Hue, Da Nang.
• Southern region: Tra Vinh, Can Tho, Dong Nai, Ho Chi Minh City

 VII. RESEARCH METHODS

Consultant will work closely with MSD to ensure agreement on the assessment methodology, and the meaningful participation of children is integrated. Consultant may refer to the document “9 Basic Requirements for Meaningful and Ethical Child Participation" by the SC organization, which is attached via the provided link: https://resourcecentre.savethechildren.net/document/nine-basic-requirements-meaningful-and-ethical-childrens-participation/

Recommending Assessment methods:

• Desk review/literature review (policy documents, laws and regulations, reports including data, existing studies, etc.).
• Qualitative method:

+ Group discussions using semi-structured questionnaires with selected international organizations, social organizations, schools, teachers, and parents.

+ In-depth interviews with representatives of relevant state agencies, the Ho Chi Minh Communist Youth Union, the Ho Chi Minh Communist Youth Union, and child experts.

VIII. EXPECTED OUTPUTS AND TIMELINE:

1. Expected outputs:

• 01 technical proposal with plan for implementation
• 01 inception report with plan for implementation attached with data collection tools and procedures.
• 01 executive summary report (in English and Vietnamese) presenting the main findings of the assessment from various research perspectives (as stated in section IV), along with recommendations and proposals for better implementation of children’s participation rights.
• 01 full report (in English and Vietnamese) presenting the assessment results, accompanied by collected data and evidence.
• 01 presentation file to share the assessment results.

Other products:

• 01 appendix including the final research proposal, assessment tools used, and reference materials.
• Raw dataset and encoded variables/themes of the study.

All assessment documents, raw data, electronic data, and other information are the property of MSD and must be transferred to MSD upon completion. The aforementioned materials may only be copied and reused with MSD’s the consent.

2. Expected assessment timeline and Outputs:

XIX. REQUIREMENTS AND RESPONSIBILITIES OF THE CONSULTANT

1. Responsibilities of the consultant team/Consulting Firm:

• With technical support from the organizing committee, conduct research design and develop research methods (including identifying necessary information to collect, data sources, data collection methods, sampling methods, sample size, research tools, etc.).
• Conduct quantitative and qualitative surveys (online and offline).
• Data entry and analysis of assessment data.
• Prepare a comprehensive report on the assessment findings in both English and Vietnamese using simple and understandable language, and a concise report in English and Vietnamese presenting the main assessment findings.
• Prepare a PowerPoint presentation to share the assessment findings with relevant parties.
• Adhere to ethical research entailing compliance with all issues related to assessment content, information transparency, information confidentiality, and refraining from transmitting information to a third party without consensus from all participating parties.

Note: Before implementing data collection, the consultants must get Ethics Approval from a recognized university or a national ethics committee.

The report must be completed and accepted no later than November 15, 2023.

2. Criteria for selecting the consultant team/Consulting Firm (referred to as “Consultant"):

• For the team leader:
• Hold a master’s degree and have 6-10 years of experience or hold a Ph.D. with 4-8 years of experience working in fields such as community development, social sciences, children’s rights and protection, education and/or inclusive education, or related fields.
• Have at least 5 years of experience working as an independent consultant/expert in evaluating development projects, evaluating the implementation of children’s rights, particularly children’s participation rights, with non-governmental organizations.
• Have experience in leading and directly implementing qualitative and quantitative research or consultancy packages in Vietnam, especially in the areas of human rights, children’s rights, child rights governance, and child protection.
• Have knowledge of the cultural, educational, political, and social context of Vietnam.
• Proficient in data analysis, synthesis, and report writing skills.
• Professional, open-minded, and effective in collaborating with stakeholders.
• Ability to deliver high-quality work within limited timeframes.
• Good command of English (particularly speaking and writing skills).
• Experience working with vulnerable groups of children, especially children with disabilities.
• For team members:
• Hold a bachelor’s or master’s degree in fields such as community development, social sciences, law, education and/or inclusive education, or related fields.
• Have at least 2-3 years of evaluation/research experience.
• Have experience in facilitating group discussions and conducting in-depth interviews (in-person and online).
• Possess research participation skills, including skills in promoting children’s participation.
• Proficient in data processing, analysis, and report writing.
• Ability to deliver high-quality work within limited timeframes.
• Objective, honest, and cooperative.
• Good command of English (particularly speaking and writing skills).
• Experience working with vulnerable groups of children, especially children with disabilities.
• Other criteria:
• The survey team has previously worked together.
• The team commits to mobilizing resources to complete the work within the project timeline.
• The team has experience conducting online surveys/research.
• The team has experience in dealing with changes that may arise during the research process.
• Proposal with appropriate financial terms.

X. CONSULTING FEES AND PAYMENT TERMS:

• Consulting fees: as per agreement.
• The consulting fee will be paid in three installments as follows:
• Installment 1: First advance payment equivalent to 30% of the total consulting fee after the final inception report has been handled and approved by MSD.
• Installment 2: Second advance payment equivalent to 30% of the total consulting fee after the first draft report has been handed over to MSD with quality.
• Installment 3: Final payment of the remaining 40% of the consulting fee after the completion of the consultancy and the final report (in both Vietnamese and translated into English) and the PowerPoint Presentation, which is accepted by the organizing committee, and the complete research data (including meeting minutes, recordings, survey questionnaires, etc.) is handed over to the organizing committee.

XI. APPLICATION AND CONTACT:

• Interested candidates are required to submit their tender documents and send them to the following email address: tender@msdvietnam.org before 5:00 PM on 06/08/2023 with the subject line: Child participation [Company Name/Lead Consultant Name].

Note: Any tender packages sent to a third party outside the above email address will be considered invalid.

• Tender documents should include:
• Company profile and a copy of the Business License/Establishment Decision/Registration Certificate (applicable to consulting firms).
• CVs of the lead consultant and the consulting team members participating in the assessment
• Research proposal (approach, research methodology, analysis, timeline).
• Proposed budget (calculated on a daily basis), including taxes and all-inclusive costs necessary for the consultancy (consulting fee, travel expenses, per diem, accommodation during the assignment).
• 1-2 completed reports from previous contracts related to similar topics concerning children as required for this research/assessment.

Contact: For clarification regarding the content of the assessment package, please contact Ms. Tran Lan Huong, Children and Youth Officer of MSD. Email: pro.officer@msdvietnam.org, Tel:  0964.208.869