What are the regulation on dossiers and procedures for recognition as a transgender people in Vietnam?
- What is Sex reassignment in Vietnam?
- What are conditions for recognition as a transgender people in Vietnam?
- What are conditions of recognition as a transgender people for cases without medical intervention to change sex in Vietnam?
- Dossiers and procedures for recognition as a transgender people in Vietnam
What is Sex reassignment in Vietnam?
Sex reassignment is a term used to refer to people who have medical intervention to live in accordance with their desired gender.
According to Article 37 of the 2015 Civil Code, Sex reassignment are:
"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."
What are conditions for recognition as a transgender people in Vietnam?
According to Article 17 of the Draft Law on Sex reassignment, the conditions for recognition as a transgender people are:
A sex reassignment applicant is recognized as a transgender people when he/she satisfies one of the following conditions:
PA1: 1. Transgender people who does not perform medical intervention for sex reassignment is confirmed by the Sex Determination Council to have a gender identity different from the existing complete biological sex.
PA2: Self-identified sex reassignment applicants with sex identity different from their current biological sex; then, submit an application to the civil status office and within 6 months, if they do not withdraw their application, they can change their civil status documents..
2. The sex reassignment applicant has used sex hormones to change sex for full 02 (two) consecutive years and has requested recognition as a transgender people.
3. The sex reassignment applicant has completed breast surgery or genital surgery or has completed both breast and genital surgery and has requested recognition as a transgender people.
4. The sex reassignment applicant who does not perform medical interventions for sex reassignment at the Hospital requested recognition and requested recognition as a transgender people.
What are conditions of recognition as a transgender people for cases without medical intervention to change sex in Vietnam?
Pursuant to Article 18 of the Draft Law on Sex reassignment on the conditions for recognition as a transgender people in cases without medical intervention to change sex as follows:
"Article 18. Conditions for recognition as a transgender people in cases without medical intervention to change sex
An sex reassignment applicant is recognized as a transgender people in cases without medical intervention to change sex if they meet the following conditions:
1. Having a complete biological sex;
2. Being full 18 years old or older, having full civil act capacity;
3. Has been certified by the Gender Determination Council to have a gender identity different from the existing completed biological sex."
Dossiers and procedures for recognition as a transgender people in Vietnam
According to Article 19 of the Draft Law on Draft Law on Sex reassignment on the dossiers and procedures for recognition as a transgender people as follows:
1. The dossiers for recognition as a transgender people includes:
- An application for recognition as a transgender people;
- Docurments proving that has performed medical intervention to change sex for the case specified in Clause 4, Article 17 of this Law (except for the person who has undergone surgery to change sex before the effective date of this Law).
2. Procedures for recognition as a transgender people:
- The sex reassignment 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 sex reassignment, the Hospital treating hormone or the Hospital performing undergone breast surgery or genital surgery to change sex organ of the applicant (hereinafter abbreviated as the Hospital).
- The hospital receives the applicant's dossiers and checks the validity of the dossiers within 3 working days.
- For the case of a sex reassignment applicant specified in Clause 1, Article 17 of this Law: The hospital establishes a sex determination council to identify the sex reassignment applicant whose gender identity is different from the their original 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 people 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 people, the Hospital must reply to the applicant and clearly stating the reason.
- For the case of a sex reassignment applicant 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 change the sex of the applicant to issue a Certificate of recognition as a transgender people to the applicant within 01 working day. In case of refusal to issue a Certificate of recognition as a transgender people, the Hospital must reply in writing to the applicant and clearly stating the reason.
- For the case of a sex reassignment applicant specified in Clause 4, Article 17 of this Law: after receiving a valid dossier of the applicant, the hospital shall immediately conduct a re-examination to determine that the applicant has been performed medical intervention for gender reassignment or not. On the basis of the results of re-examination and determination of the applicant having performed medical intervention for sex reassignment, the Hospital shall issue a certificate of sex reassignment recognition to the applicant within 03 working days from the date of having results confirming that the applicant has performed medical intervention to change sex. In case of refusal to issue a Certificate of recognition as a transgender person, the Hospital must reply in writing to the applicant and clearly stating the reason.
3. The Minister of Health shall detail the form of application for recognition and the form of recognition as a transgender person specified in Clauses 1 and 2 of this Article."
The above contents are the dossiers and procedures to recognize as a transgender people. We hope that the Law on sex reassignment will soon be promulgated so that you can prepare the dossiers and procedures and be recognized as a transgender people.
Details of draft information here.
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