Vietnam: Rework chip-based citizenship IDs after transgender? Can transgender people get married in Vietnam?
The Ministry of Health of Vietnam insists homosexuality, bisexuality, transgenderism are not diseases?
Pursuant to the guidance in Official Dispatch 4132/BYT-PC in 2022 on medical examination and treatment for homosexual, bisexual and transgender people, the Ministry of Health has affirmed:
- Homosexuality and transgenderism were removed by WHO from the Mental and Behavioral Disorders chapter, in the International List of Diseases (ICD) in 1990 and 2019 respectively.
- Do not consider homosexuality, bisexuality, transgenderism to be a disease.
- When organizing medical examination and treatment for homosexual, bisexual and transgender people, they must be equal, respect for their gender, non-discrimination or discrimination against these subjects.
- Do not intervene or force treatment for these subjects, if there is only psychological support and performed by people with knowledge of gender identity.
- To increase propaganda and dissemination so that doctors, health workers and people coming to medical examination and treatment establishments can properly understand homosexual, bisexual and transgender people;
After being transgender, can transgender people redo their citizen ID card according to Vietnamese regulations?
Pursuant to the provisions of Article 37 of the Civil Code 2015 providing for gender reassignment as follows:
Article 37. Sex reassignment
The sex reassignment shall comply with regulations of law. Each surged transgender has the right and obligation to apply for change of civil status affairs as prescribed in law on civil status affairs and has the personal rights in conformity with the transformed gender as prescribed in this Code and relevant laws.
Accordingly, the Civil Code 2015 recognized gender reassignment, and after reassignment, individuals have the right and obligation to register a change of civil status in accordance with the law on civil status.
At the same time, based on the provisions of Article 23 of the Law on Citizen Identity 2014, the cases of changing and reissuing citizen identity cards are as follows:
Article 23. Cases of renewal or re-grant of citizen’s identity cards
1. A citizen’s identity card shall be renewed in the following cases:
a/ The cases specified in Clause 1, Article 21 of this Law;
b/ The card is damaged and unusable;
c/ Change of family name, middle name, first name and characteristics for identification of the card holder;
d/ Gender re-assignment or native place re-determination;
dd/ There is incorrect information in the citizen’s identity card;
e/ Upon request of the card holder.
2. A citizen’s identity card shall be re-granted in the following cases:
a/ It is lost;
b/ The card holder has Vietnamese nationality restored under the Law on Vietnamese Nationality.
Accordingly, in the case of transgender people, transgender people need to reassign their gender and be reissued with chip-based citizen identification cards if required.
The procedure for issuance of a citizen identity card is carried out as follows:
Pursuant to the provisions of Article 24 of the Law on Citizen Identity 2014, the order and procedures for changing and reissuing citizen identity cards are as follows:
- Fill in the declaration form according to the prescribed form;
- The person assigned to collect and update information and documents specified in Clause 2, Article 13 of the Law on Citizen Identity 2014 checks and compares information from the national database on population to accurately identify the person who needs to issue a citizen identity card; in case the citizen does not have information in the national database on population, export submit legal documents on the information to be stated in the declaration in the prescribed form.
- Officials of citizen identity management agencies take photos and collect fingerprints of people who come to check in;
- Officials of citizen identity management agencies shall issue appointment papers to return citizen identification cards to persons who come to check in;
- Return the citizen identification card according to the time limit and place in the appointment paper as prescribed in Article 26 of this Law; in case a citizen requests to return the card at another location, the citizen identity management agency shall pay the card at the location at the request of the citizen and the citizen must pay the delivery service fee.
In case of change of citizen identity card due to a change in gender information but there is no information in the national database on population, the citizen shall submit a copy of the competent authority's document on the change of this information.
Vietnam: Rework chip-based citizenship IDs after transgender? Can transgender people get married in Vietnam?
Some legal issues related to transgender people according to Vietnamese regulations?
Can transgender people register their marriages?
Pursuant to the provisions of Clause 1, Article 8 of the 2014 Law on Marriage and Family, the following conditions for marriage are prescribed:
Article 8. Conditions for getting married
1. A man and a woman wishing to marry each other must satisfy the following conditions:
a /The man is full 20 years or older, the woman is full 18 years or older;
b/ The marriage is voluntarily decided by the man and woman;
c/ The man and woman do not lose the civil act capacity;
d/ The marriage does not fall into one of the cases prescribed at Points a, b, c and d, Clause 2, Article 5 of this Law.
Accordingly, after being transgender, transgender people need to change their civil status according to the new gender and fully meet the conditions for marriage as prescribed in the Law on Marriage and Family 2014, transgender people are fully entitled to register their marriage.
Rights of transgender people in detention
Pursuant to the provisions of Clause 3, Article 30 of the Law on Civil Judgment Enforcement 2019, the provisions on detention of prisoners are as follows:
Article 30. Incarceration of inmates
3. Inmates who are LGBT or whose gender is unidentified may be held in segregation.
Accordingly, inmates who are gay, transgender, and gender unknown may be detained separately.
Thus, after being transgender, transgender people have the right to redo their chip-mounted citizen identity according to the above order and procedures.
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