In Vietnam: Is it permissible for people, who re-determine their gender identity, to change their name?

In Vietnam: Is it permissible for people, who re-determine their gender identity, to change their name?

Pursuant to Article 36 of the Civil Code in 2015 stipulating right to re-determine gender identity in Vietnam as follows:

1. An individual has the right to re-determine his/her gender identity.

The re-determination of the gender identity of a person is implemented where the gender of such person is subject to a congenital defect or has not yet been accurately formed and requires medical intervention in order to identify clearly the gender.

2. The re-determination of the gender identity of a person shall comply with regulations of law.

3. Each individual undergone re-determination of gender identity 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 re-determined gender identity as prescribed in this Code and relevant laws.

Pursuant to Article 28 of the Civil Code in 2015 stipulating right to change given names in Vietnam as follows:

1. An individual has the right to request a competent authority to recognize the change of a given name in any of the following cases:

a) Where it is so requested by the person who has a given name which causes confusion or has an adverse effect on his/her feelings or on his/her honor, legitimate rights and interests;

c) Where the adoptive father or mother of the person wishes to change the given name of their adopted child; of if a person ceases to be an adopted child and such person or his/her biological father or mother request to reclaim the given name which is given by the biological father or mother;

d) Changing the given name of a person whose biological parents have been identified upon the request on that father or mother or such person;

dd) Changing the given name of a lost person who has discovered the origin of his/her bloodline;

dd) Change the given name of a person to his/her spouse’s in the marriage and family relations involving foreign elements in accordance with law of the country in which the foreign spouse is a citizen retrieves his/her family name before the change;

e) Changing of given name of a person whose gender identity is re-determined or a transgender person;

g) Other cases prescribed in by law on civil status affairs.

2. The changing of the given name of a person who is nine years of age or older shall be subject to the consent of such person.

3. The changing of a given name shall not change or terminate the civil rights and obligations which were established in the former given name.

As regulations above, you have the right to change your name after your gender identity re-determination.

In Vietnam: What are the fines for discrimination against people whose gender identity is re-determined?

Pursuant to Article 45 of the Decree 117/2020/NĐ-CP stipulating as follows:

1. A fine ranging from VND 2.000.000 to VND 5.000.000 shall be imposed for commission of one of the following violations:

a) Disclosing information on sex reassignment of others;

b) Discriminating against a person whose sex is reassigned.

2. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for performing sex reassignment without obtaining permission from the Minister of Health or Director of the relevant Provincial Department of Health.

3. Remedial measures:

a) The entity committing the violation in Point b Clause 1 of this Article is compelled to make direct apologies to persons who are discriminated against;

b) The violating entity is compelled to return any benefits illegally obtained from the commission of the violation in Clause 2 of this Article.

As regulations above, a fine ranging from VND 2.000.000 to VND 5.000.000 shall be imposed for discrimination against people whose gender identity is re-determined. In addition, the entity who discriminates you shall make direct apologies to you.

Best regards!