What conditions, documents and procedures must be met for a person requesting medical intervention to transform gender?
What is gender transformation?
Gender transformation is a term used to refer to people who have a desire and wish for medical intervention to change their gender from male to female or vice versa. Gender transformation is applied to people who have determined their gender and want to be brought back by medicine to the gender they should belong to.
Clauses 1 and 2 of the Draft Law on Gender Transformation of Vietnam stipulates that persons requesting gender transformation and transgender people are as follows:
"Article 2. Interpretation of words
In this Law, the following terms are construed as follows:
1. Person requesting gender transformation is a person who has a complete biological sex, finds himself/herself with a gender identity different from the existing biological sex, and requests the competent authority to recognize him/her as a transgender person.
2. Transgender person means a person requesting gender transformation who is recognized by a competent authority as a transgender person according to the provisions of this Law.”
What is gender transformation?
What are the requirements for gender transformation?
Conditions for people who request to use sex hormones for gender transformation
Pursuant to Article 6 of the Draft Law on Gender Transformation of Vietnam stipulating:
"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."
Conditions for people who request breast surgery or genital surgery for gender transformation
In Article 7 of the Draft Law on Gender Transformation of Vietnam, it is stated that:
"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."
What are the dossiers and procedures for a person who requests medical intervention for a gender transformation?
For the case of the person who proposes to use sex hormones to transform gender
Article 8 of the Draft Law on Gender transformation of Vietnam stipulates the dossiers and procedures for persons requesting to use sex hormones for gender transformation, specifically as follows:
"Article 8. Dossiers and procedures for applicants to use sex hormones for gender transformation
1. Dossier to request the use of sex hormones for gender transformation, including:
a) An application for the use of sex hormones for gender transformation.
b) A certified copy or a copy showing the original for comparison of one of the following papers: passport, identity card, citizen identification card or providing personal identification number.
c) Certificate of marital status as prescribed by law.
2. Procedures for requesting the use of sex hormones for gender transformation:
a) The applicant for the use of sex hormones for gender transformation shall submit 01 (one) set of dossiers as prescribed in Clause 1 of this Article at the hospital which has been licensed for sex hormone treatment for gender transformation.
b) After fully receiving the dossier specified in Clause 1 of this Article, the Hospital shall conduct a medical examination to determine that the person has a complete biological sex, is mentally and physically healthy, is not contraindicated sex hormone treatment, established a sex determination committee to identify transgender applicants with existing heterosexual identification.
c) After determining that the requester for use of sex hormones fully meets the conditions specified at Point b of this Clause, the Hospital shall perform sex hormone treatment for the applicant. In case sex hormone treatment is not possible for the applicant, the Hospital must reply in writing and clearly state the reason.
3. The Minister of Health shall prescribe the application form specified at Point a, Clause 1 of this Article."
For people who request breast surgery or genital surgery for gender transformation
Article 9 of the Draft Law on Gender transformation of Vietnam stipulates the dossiers and procedures for those who request breast surgery or genital surgery for gender transformation, specifically as follows:
"Article 9. Dossiers and procedures for applicants for breast surgery or genital surgery for gender transformation
1. A dossier of request for breast surgery or genital surgery for gender transformation includes:
a) An application form for breast surgery or genital surgery for gender transformation;
b) Documents specified at Points b and c, Clause 1, Article 8 of this Law, except for cases where sex hormone treatment has been used for gender transformation as prescribed at Point c of this Clause;
c) Certificate of sex hormone treatment for a consecutive period of 01 year from the hospital that has received sex hormone treatment, except for female-to-male breast surgery.
2. Procedures for recommending breast or genital surgery for gender transformation:
a) The applicant for breast surgery or genital surgery for gender transformation shall submit 01 (one) set of documents as prescribed in Clause 1 of this Article at the hospital which has been licensed for breast surgery or genital surgery for gender transformation.
b) After fully receiving the dossier specified in Clause 1 of this Article, the Hospital shall carry out a medical examination to determine that the applicant has a complete biological sex, is healthy and has no contraindications for breast surgery or genital surgery, establish a Sex Determination Committee to identify transgender applicants with existing heterosexual identification.
c) After determining that the applicant fully meets the conditions specified at Point b of this Clause, the Hospital shall perform surgery on that person. In case surgery is not possible, the Hospital must reply in writing and clearly state the reason.
3. The Minister of Health shall prescribe the application form specified at Point a, Clause 1 of this Article."
In Vietnam, the rights of transgender people are only recognized in Article 37 of the Civil Code 2015 but are not really specific and clear. Draft of the Law on Transgender generates with the hope that there will be a separate law on gender transformation, so that transgender people can be protected more specifically and fully.
Thus, in the future, based on this Draft, it is possible to issue a Law on Gender Transformation, you can rely on these regulations to carry out the procedure.
See the detailed draft Law on Gender Transformation of Vietnam here.
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