Terms of Reference (ToR) for Legal and Advisory Services

Terms of Reference (ToR) for Legal and Advisory Services

Background

Médecins du Monde France (MdM) is an international humanitarian organization whose mission is to provide medical care for the most vulnerable populations, the world over, including France. Medecins du Monde has worked in Nepal since 1995 with official General Agreement with SWC from August 2001 as an INGO, having PAN 304462560.

1.    Objective of Assignment

Provide legal advice, facilitation and support on various compliance, legal, and management of MdM operation in Nepal. The main objective of this service is focused on following topics:

• Review of Registration/Legal status of MdM and MdM operation in Nepal. Review of compliance with various laws such as Labor Regulation, Income tax, etc.
• Assessing compliance with relevant laws including labor regulation, income tax etc and provide the analysis of our legal risk
• Provide legal advisory opinion or services on issues related to agreements with SWC, employment, local registration, tax, customs & importation, etc.

2.    Scope of work

• General review of Registration/Legal status of MdM in Nepal.
• Review and facilitation of registration with municipal authorities
• Review of MdM HR policy for national staffs (Condition of Employment) and its compliance with Labor Act and relevant regulations of Nepal. The legal advisor will be required to:
  • Assess MdM's HR policies and current Conditions of Employment for national staff.
  • Provide feedback and recommend updates to ensure alignment with labor regulations.
  • Review the current employment contract template for national staff.
  • Offer advice on best practices in the humanitarian and development sectors, including during emergency response situations and in areas where labor regulations may be unclear.
• Conduct Annual Labor Audit and Certify the Labor Audit report as per Labor Act 2017.
• On an ad-hoc basis, provide legal opinion or advisory opinion or facilitation services as per need on issues related to employment, local registration, SWC compliance, tax, customs & importation etc. Represent as MdM legal advisor on a periodic (annual/ semestral) basis.
• Facilitation and advise on the process of Project Agreement with SWC.

3.    Area of Expertise

• Legal / judicial system of Nepal
• Human resource legal compliances
• Taxation, social contribution and HR practices in the humanitarian sector
• Highly experienced with International NGOS and humanitarian actors

4.    Methodology:

• Desk review of legal policies and MdM policies
• Meeting, consultation and exchange with MdM staff
• Visit with offices of government authorities
• Dissemination of opinion with MdM
• Delivery of the services and reports/opinions.

5.    Deliverable:

• Coordination and exchange with MdM administration.
• A legal opinion or advisory opinion in writing as well as soft copy
• Facilitation on update of registration process or procedures
• Facilitation of the update of documentation
• Orientation to staff or administration of MdM
• Reference materials for future such as acts, policies, directives etc.
• A report on work completion

6.    Application Procedure

Interested legal consultant or firms can submit their below mentioned document by hard copy or by email to admin.nepal@medecinsdumonde.net by 10th July 2025 specifying applicant’s interest and expertise.

• Applicants may choose to apply to all services required or one or more of the scopes mentioned above. Quotation is recommended to disaggregate with respect to different scopes, For example: on HR review, Registration with Lalitpur Municipality and Project Agreement with SWC.
• Proven experience on relevant expertise, specifically experienced with International NGOS and humanitarian actors.
• Firm’s profile or CV of Proprietor/partner. In the case of joint application by more than one firm, profile of each firm, CVs of experts that will be deployed for this purpose.
• Copy of company/firm registration or other registration certificate
• Copy of professional license or professional registration certificate
• Copy of PAN/VAT registration certificate.
• Copy of tax clearance certificate
• Propose or elaborate an approach or methodology of delivery if any.
• Applicants are required to quote on each scope separately.
• The quotation price should explicitly mention inclusion or exclusion of VAT, where applicable.

Médecins du Monde (MDM)

Kupandole Height, Pulchowk, Lalitpur, P.O. Box 3539, Kathmandu Phone: +977(1) 5552994

Email: admin.nepal@medecinsdumonde.net