Transgender Male Not Required to Register for Military Service

08:51, 11/07/2024

The 2015 Civil Code, effective from January 1, 2017, notably acknowledges the right of citizens to change their gender. This provision allows transgender male citizens to be exempt from mandatory military service.

To be specific, according to Military Service Law 2015, male citizens aged 17 years and older are required to register for military service.

According to Article 14 of this Law, exemptions from military service registration include: Persons with disabilities, persons with serious diseases, persons with mental illnesses, or persons with chronic diseases as prescribed by law.

The Military Service Law 2015 does not address how male-to-female transgender individuals should comply with military service requirements.

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To address this issue, Article 37 of the Civil Code 2015 stipulates:

Individuals who have undergone gender reassignment have the right and obligation to register for changes in civil status in accordance with the law on civil status; they have personal rights appropriate to their reassigned gender in accordance with this Code and other related laws

Therefore, for transgender individuals who have registered their civil status change in accordance with the law, their rights and obligations shall be exercised as those of females. In principle, transgender males are not subject to military service registration under the provisions of the Military Service Law 2015.

However, there are currently no specific guidelines on the civil status change for transgender individuals. Therefore, in the near future, detailed regulations and guidelines for the implementation of the above-mentioned content are still awaited.

- Doan Trinh -

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