After the gender transformation is complete, is it eligible to go through the procedures to change the gender on papers immediately?
Conditions for requesting gender transformation
In the Draft Law on Gender Transformation of Vietnam, the State of Vietnam also clearly stipulates the conditions for requesting gender transformation, specifically they are divided into two cases as follows:
The case for people who suggest using sex hormones to transform gender
Pursuant to Article 6 of the Draft Law on Gender transformation of Vietnam, the specific case of a person who proposes to use sex hormones for gender transformation is as follows:
"Article 6. Conditions for applicants to use sex hormones for gender transformation
1. Have a complete biological sex.
2. Having a gender identity different from the existing biological sex.
3. Being full 16 years old or older, having full civil act capacity. For persons from full 16 years old to under 18 years old, the consent of their father, mother or legal guardian is required.
4. Being single.
5. Be mentally and physically healthy, with no contraindications to sex hormone therapy."
The case for people who recommend breast surgery or genital surgery for gender transformation
Pursuant to Article 7 of the Draft Law on Gender transformation of Vietnam, the case of a person requesting breast surgery or genital surgery for gender transformation is as follows:
"Article 7. Conditions for applicants for breast surgery or genital surgery for gender transformation
1. Satisfy the conditions specified in Clauses 1, 2, and 4, Article 6 of this Law.
2. Being full 18 years old or older, having full civil act capacity.
3. Has undergone sex hormone therapy continuously for 01 year, except for breast surgery from female to male.
4. Be mentally and physically healthy, with no contraindications to breast or genital surgery."
Conditions for being recognized as a transgender person
For the case of a person performing medical intervention to transform gender
Article 17 of the Draft Law on Gender Transformation of Vietnam clearly stipulates the conditions for being recognized as a transgender person, specifically as follows:
"Article 17. Conditions for recognition of transgender people
A transgender applicant is recognized as a transgender person when he/she meets one of the following conditions:
PA1: 1. The gender transformation proponent who does not perform medical intervention for gender reassignment is certified by the Sex Determination Council to have a gender identity different from the existing complete biological sex.
PA2: Self-identified gender reassignment applicant with a gender identity different from the current biological sex, submits an Application to the civil status office, and within 6 months, if he does not withdraw his application, he/she can change his/her civil documents.
2. The gender transformation applicant has used sex hormones to transform gender for full 02 (two) consecutive years and has requested recognition as a transgender person.
3. The gender transformation applicant has completed breast surgery or genital surgery or has completed both breast and genital surgery and has requested recognition as a transgender person.
4. The gender transformation applicant who does not perform medical interventions for gender reassignment at the Hospital that requests recognition and has requested recognition is a transgender person."
For the case of people who do not perform medical interventions to transform gender
In Article 18 of the Draft Law on Gender Transformation of Vietnam, the conditions for recognition as a transgender person for the case of not performing medical intervention for gender transformation are as follows:
"Article 18. Conditions for recognition as a transgender person for cases where medical intervention is not performed to transform gender
An applicant for gender transformation is recognized as a transgender person in the event that medical intervention for gender transformation is not performed when the following conditions are met:
1. Having a complete biological sex;
2. Being full 18 years old or older, having full civil act capacity;
3. Having been certified by the Gender Determination Council to have a gender identity different from the existing completed biological sex."
Procedures for gender transformation
Application and procedures for recognition of transgender people
Pursuant to Article 19 of the Draft Law on Gender Transformation of Vietnam, the application and procedures for recognition of a transgender person are as follows:
1. An application for recognition as a transgender person includes:
- An application for recognition as a transgender person;
- Papers proving that the person has performed medical intervention to transform gender, for the case specified in Clause 4, Article 17 of this Law (except for the person who has undergone surgery to transform gender before the effective date of this Law). ).
2. Procedures for recognition of transgender people:
- The gender transformation applicant submits 01 (one) set of documents as prescribed in Clause 1 of this Article to the Hospital that has been authorized to perform medical intervention for gender reassignment or the Hospital that has received sex hormone treatment or the Hospital that has undergone breast surgery or genital surgery to transform gender of the applicant (hereinafter abbreviated as the Hospital).
- The hospital receives the applicant's application and checks the validity of the application within 3 working days.
- In the case of a gender transformation requester specified in Clause 1, Article 17 of this Law: The hospital establishes a sex determination council to identify the gender transformation applicant whose gender identity is different from their existing complete biological sex and continuous follow-up for a period of 6 months. After 6 months, the Hospital issues a Certificate of recognition as a transgender person to the applicant on the basis of the conclusion of the Gender Determination Council. In case of refusal to issue a Certificate of recognition as a transgender person, the Hospital must reply in writing to the applicant, clearly stating the reason.
- In the case of a gender transformation requester specified in Clauses 2 and 3, Article 17 of this Law: The hospital shall base on the application and the dossier on which medical intervention has been performed to transform gender of the applicant to issue a Certificate of recognition as a transgender person to the applicant within 01 working day. In case of refusal to issue a Certificate of recognition as a transgender person, the Hospital must reply in writing to the applicant, clearly stating the reason.
- In the case of a gender transformation requester specified in Clause 4, Article 17 of this Law: Immediately after receiving a valid dossier of the requester, the hospital shall carry out a re-examination to determine that the applicant has whether or not medical intervention for gender reassignment has been performed. On the basis of the results of re-examination and determination of the applicant having performed medical intervention for gender reassignment, the Hospital shall issue a certificate of recognition of gender reassignment to the applicant within 03 working days, from the date of having results confirming that the applicant has performed medical intervention to transform gender. In case of refusal to issue a Certificate of recognition as a transgender person, the Hospital must reply in writing to the applicant, clearly stating the reason.
Currently, Vietnamese law still does not allow gender transformation on paper. However, the Draft Law on Transgender has mentioned and clearly stipulates on the procedures for recognizing transgender people and will change their gender on paper. Hopefully in the near future you will be able to make a gender transformation on paper.
See the detailed draft Law on Gender Transformation of Vietnam here.
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