Republic of Moldova

National consultant for drafting Law on Public Private Partnership -“Public Private Partnership Development” Project

Background:
The UNDP “Public Private Partnership Development” project promotes new public-private investment opportunities in Moldova by helping to improve the legal and regulatory frameworks, and building the capacities of national institutions for public-private participation. One of the objective of this project is to support the central and local governments to remove political, institutional, financial and regulatory barriers for private sector participation at the local level and to create innovative policies, institutional set-ups and legislation which encourage the development of tripartite partnerships in basic services and creation of national and regional network of investors and operating companies in investment projects in the Republic of Moldova.
The legal framework in the Republic of Moldova encompasses a series of laws that contain basic provisions to allow PPP project development. Among those laws can be mentioned the law on public acquisitions, concessions, leasing, public services of communal utilities, administration and transfer of public property, local public administration. Still, the present legal framework lacks in provisions that would regulate with sufficient precision and clarity the development of PPP projects throughout all its phases: launch, elaboration and acquisition, operation and control.
In order to successfully develop PPP projects and to create all the necessary conditions to augment their number and volume, it is necessary to elaborate a law that would especially address this subject. Hence, the Ministry of Economy and Trade elaborated a draft law regarding PPP. At present an International Consultant is working on the development of the legal and institutional framework of PPP. One of the results of this activity will be formulated as recommendations on how to improve the draft law on PPP elaborated by MET.

Consultancy Objectives
UNDP Moldova is seeking to employ 2 National Consultants (short-term) to provide necessary support to the Ministry of Economy and Trade for drafting the law on PPP, and to assist the Ministry in the process of coordinating the draft law on PPP to be presented to the Government and Parliament.
Tasks and responsibilities:
The draft law on PPP elaborated by MET, the recommendations of the International Consultant and the legal framework in force, will constitute the basis of the consultants that will:

• Finalize the draft law regarding PPP by addressing the existent legal system in Republic of Moldova according to the drafting requirements
• Elaborate necessary amendments to the legislation in force to bring it in line with the draft law on PPP
• Elaborate all the documents necessary to coordinate this draft law with ministries, departments and other organizations involved in the coordination process, as well as to be presented at the Government and Parliament
• Support MET throughout the entire period of coordinating the draft law on PPP in terms of considering all objections received and to rationalize and formulate the answers to these objections
• Provide assistance in the presentation of the draft law to business partners, local authorities and civil society
• Elaborate the project of the Regulation regarding the unit (structure) responsible for the support in implementing PPP projects.

Qualifications and skills required:
Education: University degree in law and/or economics, political sciences, social sciences or other relevant field, a postgraduate degree would be a strong advantage.
Experience:

• At least five years of work/professional experience in the field of law or other relevant field
• Experience in drafting legislative acts, legal analysis and assessments
• Knowledge of national legislation system and relevant for this assignment legal acts.

Abilities:

• Strong analytical and drafting skills
• Ability to work in a team
• Good PC skills, ability to use Internet
• Fluency in Romanian, knowledge of English is an asset.

Personal qualities: responsibility, punctuality and self-discipline.

Terms of Reference

Interested persons should submit their application letters and CVs with the mark “National consultants on drafting Law on PPP/ Public Private Partnership Development” by 18th October 2007, 15:00 (local time) to the following address: UNDP Office, 131, 31 August 1989 Street, MD-2012, Chisinau, Moldova, alternatively by email to vacancies-moldova@undp.org

Only those short-listed will be contacted