International Consultant to Support the Ministry of Economic Development and Tourism of Montenegro in Drafting Changes and Amendments to the Law on Skilled Crafts


Location : Homebased and Podgorica, Montenegro, MONTENEGRO
Application Deadline :11-Aug-22 (Midnight New York, USA)
Type of Contract :Individual Contract
Post Level :International Consultant
Languages Required :
English  
Starting Date :
(date when the selected candidate is expected to start)
01-Aug-2022
Duration of Initial Contract :1 August 2022 - 1 September 2022
Expected Duration of Assignment :25 consultancy days

UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence.

UNDP does not tolerate sexual exploitation and abuse, any kind of harassment, including sexual harassment, and discrimination. All selected candidates will, therefore, undergo rigorous reference and background checks.


Background

The Ministry of Economic Development and Tourism and UNDP CO Montenegro are jointly implementing the project “Strengthening the Competitiveness of the Montenegrin Economy”, which is, inter alia, targeted at the provision of support to MSMEs and entrepreneurs with the view of improving their competitiveness and position at both local and international markets. One of the project  components is devoted to the provision of support to the further development of skilled crafts and trade, through the activities related to the improvement of the legislative framework for performing the skilled crafts activities, but also provision of the technical assistance in the realization of the project activities in accordance with the new normative framework for the skilled crafts development in Montenegro. 

The existing Law on Skilled Crafts of Montenegro, adopted in 2009, regulates the conditions for performing skilled crafts activities, as well as other issues pertaining thereto. Namely, a skilled craft represents an activity performed by a natural person or a company through the process of production, trade and/or provision of the services at the market and upon orders made by individuals, for the purpose of generating profit. This refers to products manufactured and services provided, by the use of corresponding machinery, tools and technical devices, but not being a result of mass production or work process divided in separate work operations, which is typical for industrial production.  

In order to empower and strengthen the affirmation of the skilled crafts, the need for the further improvement of the existing institutional and financial framework for the development of this segment of the economy was recognized. Thirteen years (13) since the Law came into force, the conditions for performing in-depth analysis of the existing legal and framework (the Law and secondary legislation) have been met. A special focus needs to be placed on defining the necessary scope of harmonization with Directive 2006/123/EC on services in the internal market and possibly the necessary harmonization with Directive 2005/36/EC on the recognition of professional qualifications, from the point of view of the Law on Skilled Crafts. Within that sense, it has been decided that certain shortcomings of the legal framework in the field of skilled crafts need to be addressed and that it is necessary to bring about possible improvement of the current legal framework and relevant conditions for the implementation in the coming period. In particular, it would be essential to define recommendations which would contribute to the improvement of the existing register of craftsmen, as well as the procedure within the local secretariats for crafts registration. Also, other elements of the existing legislative provisions where there is space for improvement will be considered, in accordance with the best regional/international examples and practices.

Beside the adequate legislative framework defining the field of crafts, the need to improve the support for entrepreneurs and companies engaged in craft activities was recognized, bearing in mind that craftsmen have ideas, but they do not possess sufficient capacity to expand the range and marketing products and services to other markets. In line with this, several activities in the field of capacity building in terms of education, training and public awareness raising on the existing support programs were organized in cooperation of MEDT and representatives from skilled crafts associations. However, recommendations for possible aditional instruments and measures for development of crafts, establishing international cooperation and better use of EU funds and other donors will be needed.

The above mentioned required interventions are in accordance with the obligations from the Action Plan for Improving the Field of Crafts, which contains, apart from improving the legislative framework for performing craft activities, the priority activities in order to strengthen the role and powers of the Chamber of Skilled Crafts and Entrepreneurship, as well as to reinforce the available financial support for crafts development and strengthen the human resources by means of acquiring qualifications and improving skills. 

In order to support the Ministry of Economic Development and Tourism to fulfill the above described obligations, UNDP Montenegro will engage International Consultant to Support the Ministry of Economic Development and Tourism in Drafting Changes and Amendments to the Law on Skilled Crafts. The Consultant will be engaged in the scope of the Project “Strengthening the Competitiveness of the Montenegrin Economy”, jointly implemented by the Ministry of Economic Development and Tourism and UNDP Country Office Montenegro. Through this engagement, the Consultant shall support and work in a close cooperation with the already established inter-departmental Working group for drafting Changes and Amendments to the Law on Skilled crafts. 


Duties and Responsibilities

Objectives of the assignment:  

The objective of the Assignment is the provision of support to the Ministry of Economic Development and Toursim in drafting of the legislation - the changes and amendments to the Law on Skilled Crafts (SC) or the new Law on SC.

Job content:

Under the supervision of the UNDP Project Manager, the International Consultant is expected to deliver the following services: 

  • Conduct desk research of all relevant legislative and policy documents in the field of skilled crafts in the country, region and internationally;  
  • Perform in-depth analysis of the existing Law on Skilled Crafts (2009) and related legislative documents dealing with the relevant thematic areas, such as vocational training and education of craftsmen, along with the comparative analyses of the legislative framework of the relevant field – crafts in the countries in the region and/or a selected EU member country; 
  • Define the necessary scope of harmonization of the relevant national legislation with Directive 2006/123/EC on services in the internal market and possibly the necessary harmonization with Directive 2005/36/EC on the recognition of professional qualifications from the point of view of the Law on Skilled Crafts;
  • Perform analysis of the regulations in the field of professional qualifications related to the crafts;
  • Hold discussions with the representatives of the Ministry of Economic Development and Tourism, who are in charge of the activities related to skilled crafts and the representatives of other relevant institutions, such as the Chamber of Skilled Crafts and Entrepreneurship of Montenegro, Ministry of Labour and Social Welfare, Ministry of Education (Center for Vocational Education/vocational high schools), Chamber of Economy of Montenegro, crafts associations, NGOs, etc.;
  • Based on the conducted Analysis of the law/bylaws and upon the consideration of the requirements from the Chamber of Skilled Crafts and Entrepreneurship of Montenegro, define and propose the scope of the necessary changes and amendments to the existing legislative framework in order to precisely determine the optimum solution – either drafting of a new Law or drafting Changes and amendments to the current Law on Skilled Crafts of Montenegro; 
  • Draft a new Law and/or Changes and Amendments to the current Law on Skilled Crafts in substantive terms – the contents, including the legal requirements and analysis of their compatibility with other positive regulations, which shall be prepared in a close cooperation with the Ministry;  
  • Taking into consideration the new legal solution on skilled crafts and the need for the preparation of the accompanying secondary legislation, define the basic gudielines for drafting of the bylaws in the manner which would provide their full alignment with the main legal act;   
  • After the consultations with the Ministry, incorporate suggestions of the Ministry’s representatives/ WG in a new draft Law and/or Changes and Amendments to the existing Law on Skilled Crafts and finalize the Draft before the planned public discussion; 
  • Prepare the report on the completed activities with recommendations for follow-up activities – to be submitted to UNDP in English language (up to 3 pages). 

In the scope of the above engagement, the Consultant is expected to liaise with the Department for Industrial Policy and Crafts Development within the Directorate for Industrial and Regional Development of the Ministry of Economic Development and Tourism that is in charge of the implementation of this activity, and to take into consideration the instructions received beforehand and in the course of the assignment.

The expected results:

Under the supervision of the UNDP hiring Manager, the International Consultant is expected to deliver the following results:

  • Report on the performed analysis of the thematic areas with the recommendations for improvement and related revisions of/amendments to the existing Law or preparation of the new Law, as well as essential guidelines for the preparation of the accompanying secondary legislation (within one month from the commencement of the Assignment);
  • The new Law on Skilled Crafts or Changes and Amendments to the existing Law on SC prepared; 
  • Brief report on completed activities with recommendations for follow-up activities in English language (up to 3 pages) submitted to the Ministry of Economic Development and Tourism and UNDP. 

Timing and reporting: 

The International Consultant is expected to work home-based during 25 consultancy days (1 August – 30 November 2022). The Consultant shall regularly report to the UNDP Project Manager of the project “Strengthening the Competitiveness of the Montenegrin Economy”, jointly implemented by the Ministry of Economic Development and Tourism and UNDP Country Office Montenegro. 

Time duration and travel:

International Consultant will be engaged under Individual Contract, for the total of 25 consultancy days (1 August -30 November 2022), pursuant to the agreed plan with UNDP. In terms of travel, two 2-day expert missions (four mission days in total) are planned to Podgorica/Montenegro for the purpose of the meetings with WG in charge of the Law. The overall number of working days (25) shall include four (4) mission days, and the Consultant should include the travel costs entailed in the planned mission in his/her financial proposal. 


Competencies

  • Demonstrates integrity by modeling the UN’s values and ethical standards;
  • Promotes the vision, mission and strategic goals of UN/UNDP;
  • Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
  • Ability to lead strategic planning, results-based management and reporting;
  • Builds strong relationships with clients, focuses on impact and result for the client and responds positively to feedback;
  • Consistently approaches work with energy and a positive, constructive attitude;
  • Demonstrates good oral and written communication skills;
  • Demonstrates ability to manage complexities and work under pressure, as well as conflict resolution skills.

 


Required Skills and Experience

Education:

  • University degree in Social Sciences, preferably in economy, administration, law, local/regional development, whereas advanced university degree would be an asset;

Experience:

  • Ten (10) years of professional experience, preferably in enhancement of competitiveness of entrepreneurs and MSME and creation of favourable conditions for performing activities in the areas of development of entrepreneurship, crafts, innovation, creative industries etc; 
  • Proven expertise in the preparation of the legal, strategic and policy documents in the area of skilled crafts, while such experience in the region would be an asset; 
  • Significant knowledge of the EU directives in the field related to skilled crafts and accompanying vocational training and education of craftsmen;
  • Participation in minimum two projects of a wider scope within the Enterprise and Industrial policy and skilled crafts in the country/internationally;
  • Experience in the work with socio-economic indicators and developed analytical skills are required; 
  • Thorough understanding/knowledge of the national and local administrative system;
  • Modern approach to the delivery of policy/technical advice, and experience in working with the ministries and local self-governance; 
  • Demonstrated consultancy experience, preferably within the context of international organizations/institutions; 

Language:

  • Excellent communication and presentation skills in English language are required; knowledge of Montenegrin/Serbian/Croatian/Bosnian language would be an asset; 

Other:

  • Advanced computer literacy and excellent IT skills, including knowledge of Microsoft Office package tools; 
  • Excellent organisational skills, and ability to work in an environment requiring liaison and collaboration with multiple actors including government representatives, international organizations, and other stakeholders.  

Criteria for selection:

Combined Scoring method will be used. When using this weighted scoring method, the award of the contract should be made to the individual consultant whose offer has been evaluated and determined as: (i) responsive, compliant, acceptable, and (ii) having received the highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation.

  • Technical criteria weight - 70% (Background and education 10%; Relevant previous experience 20%; Substantial knowledge/Required competencies 30%; Required language 10%);
  • Financial criteria weight - 30%.

Only offerors obtaining a minimum 490 points for technical criteria will be considered for the financial evaluation. For more information on procurement methodology for Individual Contractors, please refer to Procurement Notice.

Application procedure:

Interested applicants are requested to submit their applications by July 17, 2022 by using the Apply now button. The application should contain CV or P11 that can be downloaded at https://www.me.undp.org/content/montenegro/en/home/jobs.html. Please note that UNDP jobsite system allows only one uploading of application document, so please make sure that you merge all your documents into a single file.

Only the short-listed applicants will be contacted and requested to submit a letter of interest including a price quotation indicating the lump sum (in EUR) requested for the work envisaged in the section "Description of Responsibilities".



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