5.

3 Specifications “Services”

Specifications BTC/CTB no. VIE0402811-00

“Public service contract for National consultant to set up a team for Mid term review of the ACCESS
project."
PART I - ADMINISTRATIVE AND LEGAL PROVISIONS

Chapter 1

General

1. Belgian Technical Cooperation

In accordance with Article 5(1) of the law of 21 December 1998 on the establishment of Belgian Technical
Cooperation (BTC) in the form of a public-law company with social purposes (Belgian Official Gazette of
30/12/1998; law amended by the laws of 13 November 2001 and 30 December 2001 – Belgian Official
Gazette of 17/11/2001 and 31/12/2001), BTC has exclusive authority in respect of executing, both inside
and outside Belgium, public service tasks in the area of direct bilateral cooperation with partner countries.
More specifically, this means that BTC is exclusively responsible for the local implementation of initiatives
falling within the scope of direct bilateral cooperation and for the deployment of personnel and resources for
realising these initiatives. This includes projects and programmes, financial cooperation, support for micro-
companies, grants and work placements.
At the request of organisations governed by public law, BTC can also perform other development
cooperation missions and develop its own activities that contribute towards realisation of its objectives (cf.
Articles 7 and 8 of the aforementioned law).
This law took effect on 24/2/1999 (Article 1, Royal Decree of 10/2/1999) and the company's articles of
association were published in the Belgian Official Gazette on 27/2/1999.
In accordance with Article 15 of the aforementioned law, a management contract was concluded between
BTC and the Belgian state (approved by the Royal Decree of 5/5/1999, Belgian Official Gazette of
28/5/1999) that sets out the rules and the special conditions for the implementation of public service tasks. A
second management contract was concluded between BTC and the Belgian state (approved by the Royal
Decree of 23/10/2002, Belgian Official Gazette of 21/11/2002) that sets out the rules and the special
conditions for the implementation of public service tasks. Following this, a third management contract was
concluded between BTC and the Belgian state (approved by the Royal Decree of 05/08/2006, Belgian
Official Gazette of 27/09/2006) that sets out the rules and the special conditions for the implementation of
public service tasks.

2. Object
In the framework of the project Access to coordinated credit and enterprise support services, BTC,
represented by Mr Dirk Deprez, Resident Representative in Vietnam, drafts the following service contract:
National consultant for the Mid term review team of Access to Coordinated Credit and Enterprise
Support Services ACCESS project.

The terms of reference for the National Consultant have been approved by the members of the Project
Steering Committee and are appended hereto.

3. Applicable legislation :
For this contract concluded by BTC, Belgian legislation on public contracts is applicable; namely, the law of
24/12/1993 on public contracts and certain works, supply and service contracts and the related regulation (in
particular the Royal Decree of 8/1/1996 on public works, supply and service contracts and public works
concessions and that of 26/9/1996 laying down the general rules for the performance of public contracts and
public works concessions, to which is annexed the General Contract Terms and Conditions*); taking into
account any adaptation and as applicable on the date of the present specifications.

* In the framework of this contract which value is estimated to be less than 22.000 euros, the General
Contract Terms and Conditions is partially applicable, that is to say articles 10 §2, 15, 16, 17, 18, 20, 21, 22, 30
§2, 36 and 41
4. Derogations from the General Contract Terms and Conditions
In application of Art. 3(1) of the Royal Decree of 26 September 1996, below is a list of provisions from
which these specifications derogate:

4.1 Essential provisions

Art.15§3 of the General Contract Terms and Conditions. The reason for the derogation is given in point 5.

5. Reasons for the derogations from the General Contract Terms and Conditions
As explained by Chapter 1, point 4, there is a derogation from Article 15, Para 3 of the General Contract
Terms and Conditions. This is due to the following circumstances:

5.1 Art. 15(3)

There is derogation from Article 15, Para. 3 of the General Contract Terms and Conditions to prevent BTC
incurring an unavoidable financial risk resulting from an insufficiently specific court ruling on an attachment
order.

6. Engagement to achieve a result

In his submission, the tenderer engages to achieve a result, which means he/she will take all steps necessary
to carry out the contract and to achieve the results described in this specification. Should the specifications
prove to contain lacunae, mistakes and/or unclear provisions, then the tenderer must point these out and
correct them in a separate document, giving the appropriate explanation and describing the ensuing
consequences, in particular the financial and technical consequences.

7. Applicable law, jurisdiction, conditions

This contract and all legal consequence that might ensue fall fully within the scope of Belgian law. The courts
of Brussels shall have sole jurisdiction.
In accordance with the specification, in accepting this contract the tenderer waives its (sales) conditions.

8. Object and scope of the contract

8.1. Nature of the contract

Contract for services in accordance with the terms and conditions of these specifications.

8.2. Quantities

This contract is a contract with one lot.

8.3. In the event of an open contract

The services will conform to the terms if references annexed to this contract.

01 international consultant and 01 national consultant to form a team and carry out the evaluation. Through
this tender, BTC Vietnam is looking for the national consultant.

The aim of this assignment is to evaluate if the project objectives are likely to be met and whether each result
is on course in terms of contributing to the attainment of the project objectives. As a result of this
evaluation, the MTR should provide both general and specific recommendations on how the project
strategies and activities can be improved to attain the required results within the limited project time-frame
remaining. This should be done within the overall framework of sustainable and professional microfinance at
the Vietnam Women’s Union. At the end of the mission, a first summary report (“Aide Mémoire”) of the
findings will be submitted to the parties during a workshop.
Within 7 working days after terminating the mission, a draft report written in English will be send by email to
BTC Vietnam at Vietnam@btcctb.org. BTC analyses the contractual documents and notifies its decision to
the provider, within a maximum of 10 days. Every document that is not approved by the BTC is immediately
modified in order to meet the requirements enforced by the latter and then submitted again by the provider
to BTC’s approval. This process can occur as many times as necessary. The contractor is informed that
approval of documents will be done in consultation with the Vietnamese Woman Union.

The final report will be written in English and provided in two paper versions as well as in one electronic
version (CD-Rom’s) made with Word and Excel 2000. The final report should be made available for the end
of August 2010.

The services will conform to the terms if references annexed to this contract.

9. Definitions
The following definitions shall be used for the purposes of this contract:
- tenderer: the party submitting an offer;
- service provider: the tenderer to whom the contract is awarded;
- contracting authority: BTC, represented by Mr Dirk Deprez, Resident Representative of BTC in
Vietnam.

10. Award procedure

This contract is awarded in accordance with Article 17(2),1° a) of the law of 24 December 1993 pursuant to a
negotiated procedure.

Note : The Contracting Authority reserves the right, during the negotiations, to derogate from the
administrative and technical provisions set out in the specifications.

11. Implementation deadline

The contract shall take effect base on a concensus timeline between the international consultant and the
national consultant and agreed by BTC, which shall be established by acceptance of the tender by the
contracting authority, and shall expire upon conclusion of the provision of services.

12. General conditions

The rules of articles 10 §2, 15, 16, 17, 18, 20, 21, 22, 30 §2, 36 and 41 of the General Contract Terms and
Conditions shall apply, unless expressly provided otherwise in these specifications.

Chapter 2
Procedure
1. Information:
For additional information on the procedure or on the terms of reference, you can contact :

Mr. Dirk Deprez, Resident Representative for Vietnam - BTC :

Dirk.deprez@btcctb.org
Tel. : +84 4 37 28 05 71

Mr. Vincent Wierda, Chief Technical Adviser – ACCESS project

vincent.wierda@btcctb.org
2. Submission of tenders
1. Tenders shall be submitted in 2 copies, in English, in accordance with the model appended (Annex
1). If this model cannot be used, the tenderer shall add to each document a statement certifying that it is
in conformity with the specifications model (Art. 89, R.D. 8.1.96);
2. Tenders are to be sent to BTC (address mentioned in Chapter 5, point 2) at the attention of Mr. Dirk
Deprez in a sealed envelope mentioning the word “ TENDER FOR ACCESS MTR NATIONAL
CONSULTANT”.
3. tenders are to be received by 30/06/2010 at 10 a.m Hanoi time at the latest and can be sent by
registered post or handed in against acknowledgment receipt or emailed against confirmation receipt;
4. the tender (model in annex1) and each accompanying document (price offer, cv of the proposed
consultant, short methodological approach maximum 3 pages, availability certificate for the requested
period of the mission) have to be numbered and signed by the tenderer or his/her representative. The
same applies to any alteration, deletion or note made to this document (art. 89, RD 8.1.1996). The
representative shall clearly state that he/she is authorised to commit the tenderer.

The tenders will be valid during 30 days after their final reception date.

3. Selection criteria
Only regular tenders with all their annexes will be taken into account.
The tenderer must provide a self-declaration that he does not come within the exclusion criteria of Art. 69
and 69b of the R.D of 8.1.1996. He will provide a proof that he satisfies with his obligations relating to
Vietnamese government regulations on social/health insurance and personal tax.

Selection criteria are as follows:

Technical evaluation (maximum 80 points)
1. CV of the proposed expert: in line with the qualifications defined in the ToR. (40 points)
2. Methodological approach presented by the expert (40 points)
Financial evaluation (20 points)

4. Exclusion Criteria
Unavailability to start the mission in the mid July2010.
The bidder will provide an availability certificate for the requested period of the mission.

5. Free variants
Free variants are not admitted.

6. Award criteria
The Contracting Authority selects the admissible tender, which it finds to be most advantageous, taking
account of the following award criteria :

• Technical evaluation (80%) of the specific person(s) earmarked to carry out the task.
• Price (20%)

7. Price audit
Prior to the awarding of the contract the tenderers must furnish all necessary information so that BTC is in a
position to investigate the prices offered (Article 88 of the aforementioned royal decree), irrespective of the
amount of the contract or the way in which it is awarded.
Chapter 3
Price, terms and conditions of payment, and deposit
1. Prices
Price given is exclusive of VAT and are given in EURO. No single formula binding the parties to an
exchange rate will be accepted.

The financial offer will present a unique price for the entire tender. The financial offer will itemize:
- the daily consultancy rate price in Vietnam;

The daily flat rate prices must include professional fees only. The daily subsistence allowance will be paid on
the basis of the EU guidelines for financing local costs in Vietnam, while hotel reservations and travel costs
will be done and born directly by the project.

Changes in the number of days allocated to the mission may still be made by BTC. The bidder accepts that
the additional days will be remunerated based on the same daily flat rate prices.

The prices are fixed and not subject to review.

2. Payment
Payment shall be based upon an invoice present to the BTC representation, mentionning ‘project Access –
VWU’

This invoice shall be signed and dated.

The contractor may not request advances and payment shall be effected 30% after reception of the draft
report and 70% after reception of final report.
In the event of that payment is stopped or in the event of garnishment served upon BTC due to
circumstances connected with the service provider, and provided that the exact and final amount of these
sums has not been determined, then BTC is entitled to postpone all payments to the aforementioned service
provider. As from the date of the removal of the stop payment order or garnishment, BTC shall have 15
calendar days to effect payment of the amounts owed to the service provider.

Chapter 4
Completion of services: acceptance and guarantee
The provisions of articles 10 §2, 15, 16, 17, 18, 20, 21, 22, 30 §2, 36 and 41 of the General Contract Terms
and Conditions shall apply.
Receipt will be established by an acknowledgement of receipt issued by the BTC.

Chapter 6
Miscellaneous measures
1. Lead official

The lead official is Mr. Dirk Deprez, Resident Representative for BTC Vietnam

Address:
F7, 14 Thuy Khue
Hanoi, Vietnam
: 00 84 936 63 69 62
E-mail: dirk.deprez@btcctb.org

Mandate of the lead official:

The lead official is authorised to issue all orders, within the limits set out in these specifications, with a
view to ensuring the correct execution of the contract.
 2. Confidentiality
The service provider and the BTC ensure the confidentiality of any information gathered in the
framework of this contract and will transmit it to third parties only with prior written assent of the other
party. However taken in consideration that the study is done for and on behalf of the Vietnamese
Woman Union, the bidder is informed that all information will be shared with the relevant Vietnamese
authorities.

Parties will spread this confidential information only among the employees that are concerned by the
mission. They guarantee that said appointed parties will be adequately informed of their obligations in
respect of the confidential nature of the information and that they will comply therewith.
 VIE0402811 - Terms of Reference – National consultant for MTR

PART II – TECHNICAL PROVISIONS

TERMS OF REFERENCE

For the Mid-Term Evaluation

1. Introduction
The Access to Coordinated Credit and Enterprise Support Services project is seeking to carry out a mid-term
evaluation. Operational since November 2007, it focuses on the provision of sustainable microfinance
services in Vietnam, through the Vietnam Women’s Union. Having supported the direct credit delivery since
1997 to tens of thousands of poor women in 17 provinces, the project changed course in 2008, by supporting
the establishment of a new wholesale fund at the Vietnam Women’s Union. This is seen as key not only to
ensure the sustainable use of the revolving fund capital in the long term, but also to support the young
microfinance sector in Vietnam more strategically. Further, this fits with the stated aims of the Vietnam
Women’s Union, according to its 10th Women’s Congress Resolution. This Mid-Term evaluation is meant to
study whether the project, with its revised strategy, is on the right course to achieve its stated objectives. It
will seek to build on strengths and provide advice on practical steps for improvement.

2. Intervention background

2.1. Agreement
The project «VIE0402811» is a direct bilateral project between the Government of Vietnam and The
Kingdom of Belgium. A Specific Agreement was signed between both parties on 20 December 2006 and
expires on 17 November 2011. The project started itself started in November 2007 (account opened in April
2007) and is set to expire on 31 May 2011 EUR3,900,000 is budgeted for the current phase, with
EUR3,000,000 from the Belgian government and the balance from Vietnam.

2.2. Project context:

ACCESS is the third phase of the two earlier projects, collectively known as the Vietnamese-Belgian Credit
Project (starting operations in December 1997). The earlier two phases of the project focussed mainly on: a)
delivering credit to poor women in over 200 communes all over Vietnam, with an initial revolving fund of
EUR10,000 per commune; and b) building the capacity of the Vietnam Women’s Union to deliver
microfinance services. In its peak outreach, the VBCP had close 60,000 current clients. In 2007, a study was
carried out by the Centre for Agricultural and Rural Development (CARD), Philippines, which determined
that the VBCP itself was not sustainable and would have great difficulty to transform into an MFI. Instead it
suggested an alternative use of the revolving fund: building a Wholesale Lending Unit for the sector and/or
investing into the core capital of another VWU microfinance program: Tao Yeu Mai Fund (TYM Fund).
These suggestions were taken up by the VWU leadership and a changed TFF document was approved in the
project steering committee (JLCB) of 16 March 2009. The project, embarked on a radical strategic shift, with
only just over two years left to execute this new approach..

2.3. Project objectives, results and summary of strategic shift

The current project aims to contribute to “the reduction of the incidence of poverty among households in
Vietnam”, with a specific objective as follows:

By 2010, at least 100,000 economically active poor households in the target provinces of Vietnam have access
to high quality and diversified financial and/or business development services provided by coordinated and
market-responsive providers following good practices for sustainable service delivery.

These objectives are further broken down into four key results, as listed below. However, it should be noted
from the outset that although the results, with the exception of result three are basically left unchanged in the
TTF revision that was approved in March 2009. However, the strategy and activities on how to change these
results (especially result one and three) have changed significantly, with a shift of continuing direct credit

Page 8 of 19
 VIE0402811 - Terms of Reference – National consultant for MTR

provision to building an entirely new entity: a wholesale fund for microfinance (for further information on
strategy and approach, please consult the TFF and the TFF addendum March 2009).

1) By 2010, 50,000 of poor women in targeted, and, increasingly in other Provinces, have access
to diversified financial services provided by regulated financial institutions.
2) By 2010, 50,000 of poor women in the targeted Provinces have access of demand-driven
training and business development services provided by public and private suppliers.
3) By 2010, VWU has strengthened strategic capacity in microfinance, including consolidated
Good Practice-based VWU-wide microfinance reports available with reliable performance
data, and an operational Wholesale Lending Unit for microfinance.
4) An efficient management structure for the VBCP ensures results-oriented and performance-
based progress and accurate expenditure controls.

3. Purpose of the Mid-term review

The MTR has the following general purposes: To evaluate whether the objectives of the project are likely to
be met and whether each result is on course in terms of contributing the attainment of the project objectives.
As a result of this evaluation, the MTR then should provide both general and specific recommendations on
how the project strategies and activities can be improved to attain the required results, within the limited
project time-frame remaining. This should be done within the overall framework of sustainable and
professional microfinance at the Vietnam Women’s Union.

The MTR has the following particular purpose: To see how the project is progressing with the establishment
of a Wholesale Lending Unit (under result three). Given this is the major new thrust of the project to attain
its objectives, it is important to evaluate progress with this new initiative.
In terms of specific recommendations, the MTR should then also seek to:

oEvaluate and rank in importance the activities that are currently being undertaken to establish the
wholesale lending fund. Provide advice on strategic priorities that the project should emphasize to
establish the wholesale lending fund.
o Provide refined indicators (and if necessary a revised logical framework) of whether results have been
successfully attained or not (at project completion), also in particular with in connection with the
establishment of the wholesale lending fund.
o Evaluate whether the VWU’s capacity in microfinance has changed overall, including in reporting
and coordination, and what can be done to strengthen it further.
o Indicate any other purpose of the MTR that needs particular attention. Evaluate the sustainability of
project’s BDS services and whether fostering synergies with the Wholesale Lending Unit is desirable
and achievable.
<<<Note of caution: a baseline for this third phase was not carried out.>>>

4. Stakeholder involvement during the Mid-term review

Stakeholders at various levels should be involved and consulted, including: the project steering committee
(JLCB), VWU leadership, BTC representation, Central Program Management Unit (CPMU) staff (including
the foreign technical advisors), selected provincial and commune staff, participating clients (beneficiaries),
other stakeholders such as the MF programs within the VWU, the ADB, as well as the Belgian Embassy in
Hanoi.

Note of caution: One challenge will be to deal with stakeholders in a balanced way, given the strategic shift in
the project. For example, borrowers might not be happy with the suspension of the direct credit delivery
program in the short term.

Page 9 of 19
 VIE0402811 - Terms of Reference – National consultant for MTR

5. Project area & beneficiaries to visit

At least three among the (17) provinces will be visited, including a visit to the province of Tien Giang, which
is one province building its own microfinance model based on the VBCP approach. As well as field staff, the
MTR team will interview beneficiaries at the province level.

6. Criteria to be studied (make a selection in function of the actual needs)

6.1. Basic criteria

6.1.1. Relevance
Relevance relates to the overall usefulness of the project for development in Vietnam. This can be examined
through the MTR in two ways, one general and one specific:
• Is this project still relevant with national Vietnamese policies vis-à-vis poverty alleviation and micro
finance?
• Is the project able to play a role to facilitate the provision of access to microfinance for the poor and
near poor in Vietnam, through the establishment of a Wholesale Lending Unit?
• Is the project consistent with the overall socio-economic aims of the Vietnamese Women’s Union?

6.1.2. Efficiency
Efficiency refers to the way in which the project activities transform the resources of the project into the
expected results:
• Are inputs (human, financial and material resources) implemented as planned and how is this
documented?
• Are activities implemented in the timeframe as when they are initially planned?
• What is the quality of the activities?
• Are the activity results consistent with those given result indicators?
• To what extent are local systems used for managing the project and to what extent is the capacity
built towards using local systems?
• What are the main strengths of the project in terms of efficiency?
• How can these strengths contribute to overcoming the weaknesses/bottlenecks in terms of
implementation?
• Are there any time/resource planning adjustments to be made in the overall project and are the
current timeframe and resources realistic to meet the desired outcome?
• In particular, what steps can be taken to make the process of establish a wholesale fund at the VWU
more efficient?

6.1.3. Effectiveness
Effectiveness refers to the extent to which the results of the project are delivered and contribute to the
achievement of the specific objective.
• To what extent is the specific objective realized?
• Is the realization of the specific objective primarily caused by internal or external factors?
• To what degree does the project implementation respond to the problems, needs and priorities of the
beneficiaries (also over the medium to long-term)?
• What monitoring and evaluation exist in the project?
• To what extent are the beneficiaries satisfied with the delivered results?
• What are some concrete ways that the project team can more effectively reach its specific objective?
• Is the steering committee (JLCB) actively and frequently involved not only in holding the project
accountable for its stated objectives, but also in terms of providing strategic advice and support?
• How do the outcomes envisaged in the project contribute to the outcomes aimed for by the Vietnam
Women’s Union in its microfinance/economic development programs
• What are specific ways in which the Wholesale Lending Unit can be made most effective in relation
to the specific objective of the project?

Page 10 of 19
 VIE0402811 - Terms of Reference – National consultant for MTR

6.1.4. Sustainability
Sustainability refers to the likelihood that the partner will be able to appropriately sustain the benefits
emerging from the project after BTC withdraws it support.

• To what extent does the project contribute to the sustainability in terms of ongoing and increasing
access to microfinance for the poor and near-poor in Vietnam?
• To what extent does the participating partner view this project as their own, with view to utilizing its
results to pursue its own objectives?
• Is the project providing the appropriate capacity building to increase the likelihood of the project’s
sustainability?
• To what extent are the project’s results institutionalized within the Vietnam Women’s Union
specifically and Vietnam more widely?
• How much will the project duration have a bearing on the sustainability of the wholesale fund (i.e.
what is the opportunity cost difference between the current length [expiring May 2011] and extended
project time-frame)?
• To what extent can it be assumed that the envisaged Wholesale Lending Unit will strategically
contribute to the future development of the microfinance sector in Vietnam?

6.1.5. Coherence
Coherence relates to whether this project compliments development interventions with similar objectives
from other donors.

• Is the project compatible with strategies and approaches of other donors?

• Are there any contradictions with other donor programs?
• To what degree is synergy pursued with other donors (for example the ADB)?
• How does a Wholesale Lending Unit within overall donor support to the sector?

6.2. Transversal themes

6.2.1. Gender equality

Gender itself refers to the social construction of the differences between women and men. The gender roles
change over time and vary within and between cultures. Gender equality is an essential characteristic for
sustainable development:
• Did the project change gender relations within the beneficiaries’ households and or/community?
• Did the project reduce existing gender gaps (income, access to education, health and participation in
paid activities, etc…..)?
• Do women play an active part in the project?
• Does the project respect the national gender policy?

6.2.2. Social economy

Social economy refers to the social and economic dimension of the results delivered by the project, not
included in the above.
• Has the project been able to target the poorest, as it aimed to do?
• To what extent was the project able to target ethnic minorities?
• To what extent did the project promote networking and collaborative efforts between different
stakeholders?

Page 11 of 19
 VIE0402811 - Terms of Reference – National consultant for MTR

6.3. Other

6.3.1 Organization and Management

Organization and management refers to the internal management of the project, with an emphasis on the
Central Program Management Unit. This can include items not included in earlier sections (for example
efficiency section)
• What areas in organizations and management require changes to improve project performance and
results?

6.3.2 Stakeholders
Stakeholders refers to all the stakeholders in the project, direct and indirect (focus on main ones). This can
include items not included in earlier sections (for example effectiveness section).
• How can the role of strategic stakeholders (for example JLCB) be strengthened?

7. Methodology of the Mid-term review

The International consultant will propose a study design and tools for measuring the above-mentioned
criteria. This proposal will be one of the selection criteria for the offer introduced by the international
consultant. Most of this will involve setting up a strategy and instruments to assess the “criteria to be
studied” as outlined in section six. It is envisaged that extensive interviews will take place with all
stakeholders at the local as well as central level, in addition to the document review. The final methodology
of the mid-term review should be cleared by the Reference Team (see section 11).

8. Deliverables of the Mid-term review

• Aide-mémoire (see template Aide-mémoire)
• Draft report (see revised template for the MTR report for guidance, but follow closely TOR)
• NB: MTR report outline has been amended to reflect TOR parameters.
• Presentation during briefing (should aim to be brief and clear, with ample room for discussion)
• Final report should not exceed 30 pages of solid text. Graphs, tables and other items for illustrative
purposes—which are strongly encouraged where possible, as well as annexes are not counted as part
of these 30 pages. The final report should also, as part of the 30 pages of solid text, include an
executive summary of maximum one page (with the main conclusions and recommendations).

9. Period and duration of the Mid-term review

It is envisaged the MTR will be completed before the end of Q2 2010. The following is the approximate
allocation of staff resources for the MTR team.

Europe
Field mission
Travel days (or outside partner
(in partner country)
country)
International consultant 3 12 8
Local consultant 20 None
Interpreter/translator
20 None
(local)

10. Course of the Mid-term review

The MTR-team leader will be responsible for following activities:
• Briefing at the Representation (with the partner institution, Resident Representative, Embassy, MPI,
available JLCB members, MTR-team, project). Discussion of the MTR purposes, programme and
methodology.
• Review of the documents.
• Field visits in at least three provinces (representing the North, South and Central part of Vietnam),
including Tien Giang (please indicate the area for the field visits).

Page 12 of 19
 VIE0402811 - Terms of Reference – National consultant for MTR

• Data collection at the level of the beneficiaries, the project staff, the authorities and the partner
institutions.
• Restitution workshop with stakeholders at the end of the field mission.
• De-briefing at the Representation and handing over of the Aide-mémoire.
• Draft the MTR-report and dispatch a draft to BTC HQs and Vietnam Representation.
• De-briefing at BTC-HQs, present findings, conclusions and recommendations.
• Integrate comments of the Quality committee in the MTR-report.
• Draft the final report and send it to BTC-HQs and Vietnam Representation.
• Finalise administrative and financial formalities.

11. Composition of the Mid-term review team

11.1. Reference team

A reference team supports the MTR-team and consists of the following members:
PSC (JLCB) and BTC Representation in Hanoi

11.2. Mid-term review team

The MTR-team consists of the following members:
Team leader / International Consultant:
National consultant:
Interpreter/Translator

11.3. Profiles & responsibilities of the Consultants

I) International consultant
Profile
• The International consultant has preferably a degree in economics, finance, development studies,
business administration or similar.
• Specialized in microfinance with an orientation towards “financial systems approach” (or an
institutional approach to microfinance with emphasis on sustainability and scale-up) with good
experience in project evaluation.
• It is an asset if the International consultant has experience in Vietnam or involvement with wholesale
microfinance lending.
• The International consultant will have at least 15 years of experience in development cooperation.
The International consultant has ample experience with project evaluation.
• The International consultant is familiar with the participative approach.
• The International consultant speaks and writes fluently in English.
• The International consultant shall not have participated in earlier identification, formulation or
evaluative studies in relation with this project.

Tasks
The International consultant is responsible for her or his findings, conclusions and recommendations. S/he is
in charge of the following tasks:
• Coordinate the MTR-team;
• Supervise the redaction of the draft MTR-report, guarantee technical quality;
• Assure that all relevant stakeholders are involved in the mission;
• Assure the assessment of the basic criteria (coherence, relevance, efficiency, effectiveness,
sustainability and impact) and other criteria as mentioned in chapter 6;
• Produce a summary of the main conclusions and recommendations to be presented during the
debriefing meetings;
• Edit and complete the MTR-report;

Page 13 of 19
 VIE0402811 - Terms of Reference – National consultant for MTR

II) National consultant

Profile
• The National consultant has preferably a degree in economics, finance, development studies,
business administration or similar.
• Specialized in microfinance (oriented towards sustainable and professional microfinance), with
proven experience in project evaluation.
• Knowledge of the microfinance context of Vietnam is an asset.
• The National consultant will have at least 10 years of experience in development cooperation and will
be familiar with different methods of evaluation.
• The National consultant is familiar with the participative approach.
• The National consultant can write and speak English at a very high level.
• The National consultant shall not have participated in earlier identification, formulation or evaluative
studies in relation with this project.

Tasks
The National consultant will support the International consultant in following tasks:
provide sector context of Vietnam microfinance as well as socio-cultural context of Vietnam itself
Actively participate in the analysis and discussions on the main findings, drafting of the MTR-report; Recruit
and manage the interpreter/translator.

III) Interpreter/translator
Profile
• Fluent in English, both written and oral.
• Highly experienced in interpretation and translation (at least five years of experience)
• Preference is for someone who has studied abroad in the English language for at least one of his/her
qualifications.
• Must be able to deliver outputs under tight deadlines.
• Familiarity with ODA projects and specifically microfinance is a plus.

Tasks
• To provide immediate and fluent interpretation services to the MTR team leader throughout the field
mission in Vietnam.
• To oversee the translation and translation quality of Vietnamese documents to English, as demanded
by the MTR team.
• To translate the English outputs of the MTR team into Vietnamese.

Page 14 of 19
 VIE0402811 - Terms of Reference – National consultant for MTR

ANNEX I
MODEL FOR TENDER

Firm …………………………………………………… (company name, legal form)

with its registered office at ………………………… (municipality, street, number), represented by the
undersigned……………………………..
hereby agrees to …………….. for the BTC……………., in accordance with the clauses and conditions of
the specifications, ref. ……, of which a proposal, supplemented with a methodological statement, is
appended hereto,
for a total price, excluding VAT, of …………………….. € (in figures and in words).
It declares that it has read and approved the specifications ref. BTC no. …..
It holds a post office account ……………or a bank account nr………… at ……………….
Its VAT number is the following one ………………………
Its registration number in the trade register is the following one ………………………
It is registered with the National Social Security Office under number ……………………and certifies that it
is up-to-date in the payment of its social security taxes (Art. 90(3), RD 8.1.1996).
Done in duplicate at ………….., on
Signature(s) and title(s).

Obliged Annexes:
1. Curriculum Vitae of Expert, showing that he has the requested technical expertise for the assignement;
2. Methodological approach proposed for the assignement written by the expert, maximum 3 pages taking in consideration
the limited time awarded for the assignment (20 days).

All the following annexes are possible.

Page 15 of 19
 VIE0402811 - Terms of Reference – National consultant for MTR

ANNEX 2
CONVENTION ON COMBATING BRIBERY OF FOREIGN PUBLIC OFFICIALS IN
INTERNATIONAL BUSINESS TRANSACTIONS

Belgium ratified this convention and transposed it into its national legislation in the form of the law of 10
February 1999 on the suppression of corruption.

For information purposes, below you will find several key provisions of this text, largely excerpted from the
Criminal Code and the Code of Criminal Procedure.

Articles 240 to 243 of the Criminal Code are written as follows:

Art. 240. Any person exercising a public function who has misappropriated public or private funds, securities
in lieu thereof, documents, securities, records, or movable property which were in his hands either by virtue
of or by reason of his function shall be punished by imprisonment for five years to 10 years and a fine of 500
francs to 100,000 francs.
Art. 241. Any person exercising a public function who has maliciously or fraudulently destroyed or deleted
records or securities of which he was the depositary in this capacity, which had been communicated to him,
or to which he had access by reason of his function shall be punished by imprisonment for five years to 10
years and a fine of 500 francs to 100,000 francs.
Art. 242. When a person has deleted or destroyed documents or records of judicial proceedings, or other
papers, registers, computer or magnetic media, records or effects contained in the public archives, registries
or filings, or given to a public depositary in this capacity, the depositary guilty of negligence shall be punished
by either or both of imprisonment for one month to six months or a fine of 100 francs to 10,000 francs.
Art. 243. Any person exercising a public function who is found guilty of misappropriation, by ordering to pay,
demanding or receiving what he knew was not due to him or exceeding what was due for fees, taxes,
contributions, funds, revenue or interest, for wages or salaries, shall be punished by either or both of
imprisonment for six months to five years or a fine of 100 francs to 50,000 francs, and can also be sentenced
to prohibition of the right to fulfil public functions, jobs or offices, in conformity with Article 33.
The sentence shall be imprisonment for five years to 10 years and a fine of 500 francs to 100,000 francs if the
misappropriation was committed with the use of violence or threats. »
Article 245 of the same Code is written as follows:
"Art. 245. Any person exercising a public function who, either directly, or through other persons, or by bogus
deeds shall have taken or received any interest whatsoever in the acts, adjudications, undertakings or state-
owned companies which he managed or supervised, in whole or in part, at the time of the act, or who, being
assigned to organise the payment or effect the settlement of an affair, shall have taken any interest in it, shall
be punished by either or both of imprisonment for one year to five years or a fine of 100 francs to 50,000
francs, and can also be sentenced to prohibition of the right to fulfil public functions, jobs or offices, in
conformity with Article 33.
The previous provision shall not be applicable to such person who, because of circumstances, was unable to
promote his private interests through his position and who acted openly. »
Articles 246 to 252 of the same Code are written as follows:
"Article 246.1 For a person who exercises a public function, passive corruption shall consist of soliciting or
accepting, directly or through other persons, an offer, promise or benefit of any kind, for himself or a third
party, to act in one of the ways referred to in Article 247.
2. Active corruption consists of proposing, directly or through other persons, to a person exercising a public
function an offer, promise or benefit of any kind, for himself or a third party, to act in one of the ways
referred to in Article 247.
3. A person exercising a public function within the meaning of this article is any person who has stood as a
candidate for such a function, who gives the impression he will exercise such a function, or who, by
misrepresenting his position, gives the impression he exercises such a function.
Art. 247.1 When the purpose of the corruption is to have the person who exercises a public function perform
an act of his function, which is legitimate but not subject to payment of salary, the sentence shall be either or
both of imprisonment for six months to one year or a fine of 100 francs to 10,000 francs.

Page 16 of 19
 VIE0402811 - Terms of Reference – National consultant for MTR

When, in the case referred to in the previous paragraph, the solicitation referred to in Article 246.1 is
followed by a proposal referred to in Article 246.2, as in the case where the proposal referred to in Article
246.2 is accepted, the sentence shall be either or both of imprisonment for six months to two years or a fine
of 100 francs to 25,000 francs.
2. When the purpose of the corruption is to have the person who exercises a public function perform a
wrongful act in the performance of his function or to refrain from performing an act that would be part of
his duties, the sentence shall be imprisonment for six months to two years and a fine of 100 francs to 25,000
francs.
When, in the case referred to in the previous paragraph, the solicitation referred to in Article 246.1 is
followed by a proposal referred to in Article 246.2, as in the case where the proposal referred to in Article
246.2 is accepted, the sentence shall be imprisonment for six months to three years and a fine of 100 francs to
50,000 francs.
In the event the person corrupted has performed the wrongful act or has refrained from performing an act
that would be part of his duties, he shall be punished by imprisonment for six months to five years and a fine
of 100 francs to 75,000 francs.
3. When the purpose of the corruption is to have the person who exercises a public function commit a
criminal offence or petty offence in the performance of his function, the sentence shall be imprisonment to
six months to three years and a fine of 100 francs to 50,000 francs.
When, in the case referred to in the previous paragraph, the solicitation referred to in Article 246.1 is
followed by a proposal referred to in Article 246.2, as in the case where the proposal referred to in Article
246.2 is accepted, the sentence shall be imprisonment for two years to five years and a fine of 500 francs to
100,000 francs.
4. When the purpose of the corruption is to have the person who exercises a public function use the real or
assumed influence he enjoys by virtue of his function to obtain an act by a public authority or administration
or to have it refrain from such an act, the sentence shall be imprisonment for six months to one year and a
fine of 100 francs to 10,000 francs.
When, in the case referred to in the previous paragraph, the solicitation referred to in Article 246.1 is
followed by a proposal referred to in Article 246.2, as in the case where the proposal referred to in Article
246.2 is accepted, the sentence shall be imprisonment for six months to two years and a fine of 100 francs to
25.000 francs.

If the person corrupted has actually used the influence he enjoys by virtue of his function, he shall be
punished by imprisonment for six months to three years and a fine of 100 francs to 50,000 francs.
Art. 248. When the actions referred to in Articles 246 and 247, Paras. 1 to 3, are aimed at a police official, a
person with the status of officer of the judicial police or a member of a public ministry, the maximum
sentence shall be increased to double the maximum of the sentence provided by Article 247 for such actions.
Art. 249.1. When the corruption referred to in Article 246 concerns an arbitrator and involves an action
falling under his judicial function, the sentence shall be imprisonment for one year to three years and a fine of
100 francs to 50,000 francs.
When, in the case referred to in the previous paragraph, the solicitation referred to in Article 246.1 is
followed by a proposal referred to in Article 246.2, as in the case where the proposal referred to in Article
246.2 is accepted, the sentence shall be imprisonment for two years to five years and a fine of 500 francs to
100,000 francs.
2. When the corruption referred to in Article 246 concerns a non-presiding judge or juror and involves an
action falling under his judicial function, the sentence shall be imprisonment for two years to five years and a
fine of 500 francs to 100,000 francs.
When, in the case referred to in the previous paragraph, the solicitation referred to in Article 246.1 is
followed by a proposal referred to in Article 246.2, as in the case where the proposal referred to in Article
246.2 is accepted, the sentence shall be imprisonment for five years to ten years and a fine of 500 francs to
100,000 francs.
3. When the corruption referred to in Article 246 concerns a judge and involves an action falling under his
judicial function, the sentence shall be imprisonment for five years to ten years and a fine of 500 francs to
100,000 francs.

Page 17 of 19
 VIE0402811 - Terms of Reference – National consultant for MTR

When, in the case referred to in the previous paragraph, the solicitation referred to in Article 246.1 is
followed by a proposal referred to in Article 246.2, as in the case where the proposal referred to in Article
246.2 is accepted, the sentence shall be imprisonment for ten years to fifteen years and a fine of 500 francs to
100,000 francs.
Art. 250.1. When the corruption referred to by Articles 246 to 249 concerns a person who exercises a public
function in a foreign state, the sentences shall be those provided by these provisions.
2. The status of a person exercising a public function in another State shall be assessed in conformity with the
law of the State in which the person exercises this function. If it is a State, which is not a member of the
European Union, this status is only recognised, for the purposes of application of Para. 1, if the function
concerned is also considered a public function under Belgian law.
Art. 251.1. When the corruption referred to by Articles 246 to 249 concerns a person who exercises a public
function in an organisation under public international law, the sentences shall be those provided by these
provisions.
2. The status of this person shall be assessed in conformity with the statutes of the organisation under public
international law to which he is subject.
Art. 252. Without prejudice to the application of Articles 31 and 32, the persons punished under the
provisions of this chapter can also be sentenced to prohibition in conformity with Article 33.”
Articles 504a and 504b of the same Code are written as follows:
"Art. 504a.1. For a person with the status of administrator or manager of a legal person, authorised
representative or employee of a legal or natural person, private passive corruption shall consist of soliciting or
accepting, directly or through other persons, an offer, promise or benefit of any kind, for himself or for a
third party, to perform or refrain from performing an action of his function or facilitated by his function,
without the knowledge or authorisation, as the case may be, of the executive board or general assembly, the
principal or the employer.
2. Active private corruption shall consist of proposing, directly or through other persons, to a person with the
status of administrator or manager of a legal person, authorised representative or employee of a legal or
natural person, an offer, promise or benefit of any kind, for himself or for a third party, to perform or refrain
from performing an action of his function or facilitated by his function, without the knowledge or
authorisation, as the case may be, of the executive board or general assembly, the principal or the employer.
Art. 504b.1. In the case of private corruption, the sentence shall be either or both of imprisonment for six
months to two years or a fine of 100 francs to 10,000 francs.
2. In the event the solicitation referred to in Article 504a.1 is followed by a proposal referred to in Article
504a.2, as in the case where a proposal referred to in Article 504a.2 is accepted, the sentence shall be either or
both of imprisonment for six months to three years or a fine of 100 francs to 50,000 francs.

In the Code of Criminal Procedure, Article 10c is written as follows:

"Article 10c. Any person can be prosecuted in Belgium who has committed outside the territory:
1. an offence provided for in Articles 246 to 249 of the Criminal Code;
2. an offence provided for in Article 250 of the Criminal Code when it concerns a person who exercises a
public function in a Member State of the European Union.
In this latter case, the prosecution can only take place on the official advice given to the Belgian authority by
the authority of this State;
3. an offence provided for in Article 250 of the Criminal Code when it concerns a person who exercises a
public function in a foreign State other than those referred to in 2.
In this latter case, prosecution is subject to the condition that the act is punished by the legislation of the
country where it was committed, and inasmuch as the legislation of this State also punishes corruption that
involves a person who exercises a public function in Belgium. Furthermore, it can only take place on the
official advice given to the Belgian authority by the authority of this State;
4. an offence provided for by Article 251 of the Criminal Code, when it concerns a person who exercises a
public function in one of the institutions of the European Union;
5. an offence provided for by Article 251 of the Criminal Code, when it concerns a person who exercises a
public function in an organisation of international public law.

Page 18 of 19
 VIE0402811 - Terms of Reference – National consultant for MTR

In this latter case, the prosecution can only take place on the official advice given to the Belgian authority by
the competent authority of this organization. "

Page 19 of 19