Vietnam: Under the Draft Law on Gender Reassignment, how many methods of performing medical interventions for gender reassignment are there?
- Under the Draft Law on Gender Reassignment, how many methods of performing medical interventions for gender reassignment in Vietnam are there?
- Under the Draft Law on Gender Reassignment, what are the requirements satisfied by requesters to be eligible for undergoing medical interventions for gender reassignment in Vietnam?
- Under the Draft Law on Gender Reassignment, what are the requirements satisfied by medical establishments to perform medical interventions for gender reassignment in Vietnam?
Under the Draft Law on Gender Reassignment, how many methods of performing medical interventions for gender reassignment in Vietnam are there?
According to Clause 2 Article 3 of the Draft Law on Gender Reassignment, a medical intervention for gender reassignment is the application of one or more medical measures to create compatibility between the body and gender identity of a person wishing to reassign gender.
According to Article 9 of the Draft Law on Gender Reassignment on the methods of performing medical interventions for gender reassignment selected by requesters, the methods for gender reassignment to be selected include:
- Use of sex hormones;
- Surgery of the chest and genital organs;
- Radical surgical removal of reproductive organs associated with the old sex;
- Coordination of surgery and use of genital hormones;
- Other methods for gender reassignment are recognized by countries around the world and suitable for Vietnam according to the regulations of the Minister of Health.
According to the Draft Law on Gender Reassignment mentioned above, a person wishing to reassign gender can select one of the above 05 methods of performing medical interventions to reassign gender.
Under the Draft Law on Gender Reassignment, what are the requirements satisfied by requesters to be eligible for undergoing medical interventions for gender reassignment in Vietnam?
Under Article 10 of the Draft Law on Gender Reassignment, the requirements satisfied by requesters to be eligible for undergoing medical interventions for gender reassignment in Vietnam are specified as follows:
- Age for medical intervention:
- Persons aged full 18 years or older for medical interventions in Article 9 of the Draft Law on Gender Reassignment, except for the case at Point b, Clause 1 of the Draft Law on Gender Reassignment
- Persons from full 16 years old to under 18 years old, if they are certified by medical establishments to have excessive gender oppression, shall be entitled to medical intervention using genital hormones and with the consent of their parents or guardians.
- Have received legal advice from the State Legal Aid Center
- Have capacity for civil acts.
- Marital status: Currently, the Draft Law has 02 proposed options, including:
+ Option 1: Single.
+ Option 2: Do not specify the marital status of the person requesting medical intervention to reassign gender.
It is expected that when the Law on Gender Reassignment is passed, 01 of the above 2 proposed options may be applied.
- Not under suspended sentences, non-custodial rehabilitations, additional criminal penalties such as prohibition from leaving the place of residence, and existing convictions.
Under the Draft Law on Gender Reassignment, what are the requirements satisfied by medical establishments to perform medical interventions for gender reassignment in Vietnam?
Under Article 12 of the Draft Law on Gender Reassignment, the requirements satisfied by medical establishments to perform medical interventions for gender reassignment in Vietnam are specified as follows:
Specific requirements satisfied by medical establishments to perform medical interventions for gender reassignment:
(1) Medical establishments are permitted to provide genital hormone treatment for medical intervention for gender reassignment when all the following requirements are satisfied:
- Be a medical establishment specializing in internal medicine, endocrinology, obstetrics and gynecology or male studies; pediatric specialized medical establishments that have been granted operation licenses by the law on medical examination and treatment;
- Have a doctor who has a certificate to practice medical examination and treatment related to hormonal treatment and has been trained in hormonal treatment for gender reassignment.
(2) Medical establishments may perform breast surgery for gender reassignment when all of the following requirements are met:
- Be a medical establishment with a department of plastic surgery or plastic surgery that has been granted an operation license by the law on medical examination and treatment;
- Have a doctor with a certificate of medical examination and treatment in plastic surgery or plastic surgery and has been trained in breast surgery for gender reassignment;
(3) Medical establishments may perform genital surgery for gender reassignment when all of the following requirements are met:
- Be a medical establishment with a department of plastic, urological or endocrine surgery, obstetrics and gynecology or male science that has been granted operation licenses by the law on medical examination and treatment;
- Have a doctor with a certificate of practice in urology, obstetrics and gynecology, plastic surgery or plastic surgery and has been trained in genital surgery for gender reassignment.
General requirements satisfied by medical establishments to perform medical interventions for gender reassignment:
(1) Have psychiatrists and clinical psychologists in the facility or invited from other facilities to establish a Gender Determination Board. A specialist may participate in multiple gender determination boards of the facility.
(2) Have a Gender Determination Board:
- The composition of the Board consists of 04 people: (1) Psychiatrists; (2) Psychological counselors for transgender; (3) The specialist suitable for the recommended method of medical intervention; (4) The head of the medical establishment shall act as the Chairman of the Board;
- Duties of the Gender Determination Board: Determine the mental status of an applicant applying for gender reassignment; affirm their strong desire to be transgender; select interventions appropriate to the applicant's health, financial capabilities, and aspirations; organize medical intervention and provide health advice to them during the medical intervention and confirm the time and extent of medical intervention at Points a and b, Clause 1, Article 24 of the Draft Law on Gender Reassignment as a basis for heads of medical establishments to issue new Gender Certificates.
The Gender Determination Board may carry out statutory procedures to issue gender certificates to over one person requesting for medical interventions for gender reassignment in the same batch.
If the content of the Draft Law on Gender Reassignment does not change, it is expected that the Law on Gender Reassignment will take effect from January 1, 2026.
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