When undergoing gender transition, transgender individuals receive medical interventions through measures such as gender reassignment surgery, facial aesthetics, hormone injections, etc. At that time, transgender individuals will experience changes in their physical appearance and gender. The question arises whether, in this case, they are allowed to change the information on their Citizen Identification Card (CCID)?
Article table of contents
Can gender transition result in a change of information on the Citizen Identity Card? (Illustrative image)
1. Transgender individuals are allowed to change their Citizen Identity Card when undergoing gender transition
According to Point e Clause 1 Article 28, Article 37 of the Civil Code 2015, citizens are allowed to undergo gender transition as per the legal regulations. Furthermore, individuals who have transitioned have the right and obligation to register the changes in their civil status according to the law on civil status; they also have personal rights in accordance with their new gender identity as specified in this Code and other relevant laws.
Currently, many countries around the world do not recognize gender transition. This provision in the Civil Code 2015 is seen as a progression, enabling transgender individuals to change their gender and creating a legal framework for gender issues.
Point c Clause 2 Article 3 of the Law on Civil Status 2014 allows the inclusion in the Civil Status Register the re-determination of an individual's gender according to a decision from a competent state authority.
Point d Clause 1 Article 23 of the Law on Citizen Identity 2014 also stipulates that in cases of gender re-determination, citizens are allowed to change or reissue their Citizen Identity Card.
2. Procedures for changing the Citizen Identity Card after gender transition
The procedures for changing the Citizen Identity Card are stipulated in the Law on Citizen Identity 2014. Specifically:
Sequence for changing or reissuing the Citizen Identity Card:
- Fill out the application form according to the prescribed template.
- The officer receives the application for reissuing the Citizen Identity Card and checks, compares the citizen's information to accurately identify the individual and ensure uniformity of the information about the citizen.
- In case of changing the Citizen Identity Card due to gender re-determination without information in the National Population Database, the citizen must submit a copy of the document from the competent authority regarding these changes.
- The officer of the citizen identity management authority will take a photograph and collect fingerprints of the applicant.
- The officer of the citizen identity management authority will issue an appointment slip for the collection of the Citizen Identity Card.
- The previously used Citizen Identity Card will be retrieved.
- The receiving authority will issue a certificate of the old Identification Number (if any) and return the Citizen Identity Card according to the time and place specified in the appointment slip.
Fee for changing the Citizen Identity Card:
According to Clause 2 Article 4 of Circular 59/2019/TT-BTC and Article 1 of Circular 112/2020/TT-BTC, the fee for changing information regarding surname, middle name, first name; identifiable characteristics; gender re-determination; upon citizen's request is: 25,000 VND/card for Citizen Identity Cards during the period from January 1, 2021, to June 30, 2021, and 50,000 VND/card for Citizen Identity Cards from July 1, 2021, onwards.
Places to conduct the procedures for changing or reissuing the Citizen Identity Card:
Citizens can choose one of the following places to carry out the procedures for changing or reissuing the Citizen Identity Card:
- At the citizenship management authority of the Ministry of Public Security;
- Provincial/municipal Police;
- District, district-level town, provincial city Police and equivalent administrative units.
Time limit for changing or reissuing the Citizen Identity Card:
Article 25 of the Law on Citizen Identity 2014 stipulates that from the date of receipt of a complete application as per the Law, the citizenship management authority must change or reissue the Citizen Identity Card to the citizen within the following time limits:
- In cities, district-level towns, no more than 7 working days for change cases; no more than 15 working days for reissuance cases;- In mountainous, highland, border, and island districts, no more than 20 working days for all cases;- In other areas, no more than 15 working days for all cases.
Thus, transgender individuals, after completing their gender transition, have the right and obligation to register changes to the information on their Citizen Identity Card as stipulated by law.
Note: From January 2021, provinces and cities have started issuing Citizen Identity Cards with an electronic chip nationwide. In this case, citizens who apply to change information on their Citizen Identity Card after gender transition will be issued a chip-based Citizen Identity Card instead of the previous barcode-based Citizen Identity Card.
Legal basis:
