Шилэн дансны тухай хууль, тогтоолд нэмэлт, өөрчлөлт оруулах төсөл боловсруулах дотоодын зөвлөх сонгон шалгаруулна
Урилгын дугаар: 23/CS/015
Захиалагч: Сангийн яам
Зарын төрөл: Зөвлөх үйлчилгээ
Зарласан огноо: 2021-02-05
Дуусах огноо: 2021-02-12 17:00:00  

Зарын урилга

A. BACKGROUND

The Ministry of Finance (MOF) with the support from the World Bank (WB) has been implementing the European Union-financed Strengthening Governance in Mongolia (SGM) project. The project  aims to support the efforts of the Government of Mongolia (GOM) to improve fiscal stability by strengthening public financial management (PFM) as well as transparency and accountability in Mongolia.

The SGM project, through both Recipient Executed (RE) and Bank Executed (BE) interventions, serves two main purposes. Firstly, it complements and expands the ongoing technical assistance the WB is providing through the “Strengthening Fiscal and Financial Stability” (SFFS) Project. Secondly, this TF supports the GOM in advancing the current efforts toward increasing transparency, participation and accountability in fiscal matters as well as in strengthening its capacity to deal with non-technical drivers of the reform process that prevent state agencies from implementing policies and regulations as intended.  

Component 2 of the SGM project primarily focuses on supporting the specific needs of the GOM to establish sound fiscal discipline, to improve expenditure management by strengthening the budget credibility, to establish the foundations for medium-term budgeting, and to re-orient public investment to strategic projects linked to the diversification of the economy. Five priority areas constitute the core of the component: (i) development and implementation of a public financial management reform plan and inter-agency coordination; (ii) strengthening budget preparation and execution towards results-based medium-term budgeting; (iii) improving budget reporting and transparency by increasing the comprehensiveness of fiscal and financial information and reporting; (iv) improving the management of contingent liabilities, through enhancing the existing governance framework for recognizing, managing, and disclosing contingent liabilities; and (v) strengthening public investment management, through the development and implementation of mechanisms for prioritizing capital project proposals and cost-benefit analysis. 

In order to advance efforts toward greater fiscal transparency, in 2014 the country adopted the Law on Glass Account (GAL), which came into force in 2015. The law aimed to increase transparency, participation and public oversight in the use of state and local government funds and assets and to establish an information system for transparent, open and clear process of decision-making. Since its approval, the law has been amended three times in 2014, 2015 and 2016. To ensure the implementation of the law, the “Regulation on the content and common standards for publishing  information on the Glass Account website” was approved by the Government Resolution No. 384 of December 15, 2014, which was subsequently amended by the Government Resolution No. 29 of January 11, 2016. 

The MOF is in charge of the implementation of the law including administering and managing the Glass Account Portal (GAP), which is used for the purposes of reporting and publication of data and information in the formats prescribed in the GAL and the related regulation. Additionally, the GAP serves to monitor compliance of reporting obligations of budgetary entities within the deadlines specified in the Law. 

While the GAL has been implemented relatively successfully, it presents challenges that need to be addressed, both in terms of improving the reporting and publication of budget data and monitoring of compliance with the reporting responsibilities. In order to assess the existing legal gaps as well as administrative challenges, with support of the SGM project, the MOF  conducted a survey involving different stakeholders of the GAP (i.e. data providers , reporting controllers , data users ) to identify the main issues they face in the process of collecting, curating and releasing budget data with a view to improving the efficiency and quality of reporting, as well as to publishing budget information in citizen-friendly formats adapted to the users’ needs. 

Based on the survey results and a review of key legislative documents, the following draft documents have so far been prepared: i) “Regulation on publishing information on the Glass Account Portal", ii) “Registration form for organizations that are to publish information on the Glass Account Portal” and iii) a related detailed guideline to support  implementation of the Glass Account regulation. However, there is need to ensure these draft documents are in compliance with other laws and regulations and that the proposed changes to the existing regulatory framework are then effectively incorporated into the Glass Account Law and other relevant legislation as deemed necessary.

B. OBJECTIVE OF THE ASSIGNMENT 

Within the context described above, a national consultant is needed to support the MOF in conducting a legal review on the appropriateness of the existing legal and regulatory framework and the envisioned revisions for improving the effectiveness of the the GAL. The assignment will also require a review of the legally mandated supporting documents to accompany amendments to the GAL and their consistency/compliance with the other relevant laws and regulations in force in Mongolia, support to drafting of the actual amendments to the GAL as well as the related regulation and the detailed guideline, and support to the MOF in carrying out the various consultation processes including with the public towards approval of the amended GAL by the Parliament and the related regulation by the Government of Mongolia.  

C. SCOPE OF THE ASSIGNMENT

Key responsibilities under this assignment will include, but not be limited to, the tasks included below. When performing the assignment, the legal consultant should take into consideration good practices from around the world on provisions that would help improve the release of budget information and its use by different stakeholders, in particular the Mongolian citizens.

Task 1. Lead the drafting process for an amended Glass Account Law (GAL) together with the required supporting documents:

1.1. Formulate and draft proposed amendments to the GAL based on the findings of the legal review and other relevant research and surveys performed; 

1.2. Analyze the proposed GAL amendments and the related regulation with a view to their compliance and consistency with other existing national legislation;

1.3. Review the proposed amendments to the GAL and the related regulation with a view to ensuring that those help resolve the main issues identified in the implementation of GAL as well as the other relevant legislations; 

1.4. Conduct an impact evaluation of the proposed amendments to the GAL and proposed related regulation; 

1.5. Conduct financial and social impact estimate for the proposed amendments to the GAL and related regulation; 

1.6. Develop and revised as needed the concept, introduction and draft amendments to the law required for the Parliamentary approval. 

Task 2. Review compliance and consistency of the draft regulation on “Publishing information into the Glass Account Portal” and the accompanying detailed guideline with other relevant national legislation in force in Mongolia:

2.1. Conduct a consistency/compliance review and, based on the findings, prepare a detailed report on the initial changes to be proposed both to the existing draft regulation and the detailed operational guideline.

2.2. Incorporate relevant changes to the draft regulation on “Publishing information into the Glass Account Portal” and the detailed operational guideline based on the review report.

Task 3. Provide assistance to the MOF Treasury Department with the approval processes for the proposed amendments to the GAL, related regulation, and the other operational guidelines by carrying out the following activities:

3.1. Support the MOF with the organization of the public consultations (online and offline) on the draft GAL amendments mandated by the law, including ensuring the participation of relevant governmental and non-governmental organizations, professional and research organizations, legal entities, and citizens whose legitimate interests and rights might be affected; documenting the comments received; and preparing recommendations on their resolution (e.g. those to be incorporated vs. those not considered in the draft amendments, etc). Specific activities to be conducted in this regard include developing presentations explaining the amendments proposed to the GAL, introducing them to the different audiences/stakeholders, conducting relevant discussions with the stakeholders and receiving their comments; and preparing a report documenting the process.  

3.2. Collect and document comments from state and local budget governors through official letters and prepare a report detailing their inputs and recommendations on handling the received  comments (e.g. those to be considered in the amendments proposed vs. those those not to be).

3.3. Provide necessary information and updates to the draft legal and supporting documents and conduct additional studies as needed as justifications for the final draft amendments, the concept document, as well as financial and social impact assessment of the proposed amendments.

3.4. Prepare training and awareness raising materials (in video and printed forms) covering the amendment to the GAL and the revised regulation for all levels of the treasury units and budget entities.

3.5. Upon approval by the Parliament and the GOM for the amended GAL and the revised regulation and guidelines, respectively, conduct training and information sessions for budget entities and treasury units who are primarily responsible for implementation.

3.6. Provide support on technical issues as well as on translation/interpretation when needed to the TD, and collaborate closely with the treasury officials and other national consultants in charge of GAL and GAP-related activities. 

3.7. Any other relevant tasks as reasonably requested by the Client.

D. DELIVERABLES

The Consultant shall present the progress and results of the work performed to the Treasury Department of the MOF for guidance and recommendations. The Consultant will prepare the following deliverables at the minimum, and other relevant information, research, reports, and drafts may be added during the course of the assignment, as deemed appropriate and reasonable:

Deliverable 1. Impact evaluation report of the amendments proposed to the GAL and the related regulation and a report on the compliance/consistency of the proposed amendments with the existing national legislation (referring to Task 1);

Deliverable 2. Final draft amendment to the GAL (referring to the Task 1);

Deliverable 3. Cost estimates for implementation of the draft law; as well as concept and introduction of the draft amendments to the GAL (referring to Task1);

Deliverable 4. Report on changes to be proposed to both on the existing regulation pertaining to the GAL as well as the detailed operational guidelines. (referring to Task 2);

Deliverable 5. Final draft regulation on “Publishing information into the Glass Account Portal”. (referring to Task 2);

Deliverable 6. Final report including a summary of comments and recommendations received from consultations with the key stakeholders including the public and budget governers (referring to Task 3);

Deliverable 7. Training materials (in video and printed forms) covering the amendments to the GAL and the revised regulation (referring to Task 3);

Deliverable 8. PPTs and other materials used for conducting training as well as training reports with evaluation sheets from the workshops and information sessions conducted; and 

Deliverable 9. Monthly progress reports and a final consultancy report including all the results achieved during the consulting service including notes of consultations with stakeholders.

E. REQUIREMENTS FOR THE CONSULTANT

Education: A suitable candidate should have a Law degree or a Master’s of Law (LLM or equivalent).

Experience: Candidate should have at least 10 years of relevant professional experience of (preferably direct experience with) the principles applicable to drafting legal and regulatory instruments in Mongolia. 

Professional qualifications: Experience in providing legal advice and/or supporting the drafting process of  laws and regulations related to fiscal issues including financial reporting, information disclosure, and transparency would be an advantage.

Language skills: Fluent written and spoken skills in Mongolian and excellent written and spoken skills in English.

Other: Excellent interpersonal skills with the ability to function effectively and collaboratively in a team environment. Have the ability to perform and manage high-quality work in a relatively short period.

F. SUPERVISION AND REPORTING 

  • The consultant will report directly to the Head of the Payment and Settlement Division (PSD) and the Director-General of the TD, MOF and will work closely with the officials of the Treasury Department and the Legal and Procurement Department of the MOF. The Head of the Payment and Settlement Division will communicate regularly with the consultant to review progress of the relevant tasks to resolve any outstanding issues.  
  • The consultant will also work closely with the national consultant who conducted the gap analysis and prepared the draft documents, the coordinating consultant covering the budget transparency agenda under the project, as well as relevant officials of line ministries, central and local budget entities. 
  • The consultant will be required to carry out his/her tasks in line with the approved CIP which will serve as a basis for measuring progress on desired outcomes and goals for the entire consultancy service. 
  • The consultant will prepare monthly progress reports detailing the achievements and impediments in executing the entire CIP effectively. These progress reports will be discussed with the Director-General of the TD. 
  • All information provided to the consultant will be regarded as confidential and information will not be shared with any outside individuals or organizations without prior agreement by the Client. 

G. INSTITUTIONAL ARRANGEMENTS 

The client will provide an office space, assign the officials to accept deliverables stated in the contract and provide all necessary materials required for undertaking the assignment. The consultant shall bring his/her own computer/laptop.

H. CONTRACT DURATION

The assignment is expected to commence in February 2021. The total duration of the consultancy service rendered is estimated to be nine (9) months.

Based on the evolving needs of the Client and the performance of the consultant, the contract may be extended if needed. If any task is not finished and approved by the Client within the agreed-upon timeline, the consultant should complete the task/s without any additional cost.

If you possess the above qualifications, please submit the following documents via email to procurement_sgm@sffs.mn:

    1. Cover letter indicating why she/he considers her/himself suitable for the position.

    2. Detailed CV highlighting relevant skills/experience.

    3. Copy of diplomas or certificates; and,

    4. 2 reference letters from previous last two employers no later than 17:00, February 12, 2021.

The submitted documents will not be returned to the applicants. Please be noted that incomplete applications would not be considered for evaluation. Only selected candidate will be contacted.

Address for submission of Expression of Interest: Attention to Ms.Oyunyam.M, Procurement Specialist, Strengthening Governance in Mongolia Project, Address: Room #204, Negdsen undestnii 8/2, 4th khoroo, Chingeltei District, Ulaanbaatar, Mongolia. Tel: 70120582 or via email to: procurement_sgm@sffs.mn

Холбоо барих

70120582

Хавсралт

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