People will be allowed to change gender only once in their life, and those who change gender will have their property rights recognised before the transition, according to the new draft.
National Assembly (NA) deputy Nguyễn Anh Trí, head of the drafting committee and former director of the Central Institute of Haematology and Blood Transfusion, has been seeking public opinion on the draft law on gender transition.
According to Trí, the draft law consists of four main policy groups. These are: conditions for citizens to undergo gender reassignment; medical interventions for citizens to undergo gender reassignment; confirmation of gender in cases where medical interventions for gender reassignment were carried out before the Gender Reassignment Law came into force; and the authority and procedures for recognising the gender of transgender people.
The draft strictly prohibits discrimination, misinformation or ill-treatment of transgender persons, their families or relatives. It prohibits coercion or pressure on others to undergo gender reassignment.
In particular, it strictly prohibits individuals from undergoing gender reassignment twice in their lifetime.
Regarding the rights of transgender persons, the draft sets out 15 rights, including the right to be recognised with a new gender after undergoing medical interventions for gender transition, if the conditions set out in the draft are met.
Transgender persons have the right to appropriate personal status in accordance with the gender to which they have transitioned, as determined by the Civil Code and other relevant laws.
They have the right to preserve sperm and eggs to maintain their lineage through reproductive services in accordance with the principles and laws of Việt Nam.
You have the right to retain information about diplomas and certificates issued before the gender transition. They are also entitled to maternity benefits, social insurance laws and other relevant laws in accordance with the gender to which they have transitioned.
In the case of recognition of property rights to assets established before gender reassignment, if the title deed contains gender information, the authority is required to change the gender information to reflect the recognised gender of the transgender person.
In addition to rights such as recognition of a new gender, property rights and maternity benefits, transgender persons will have the right to change gender information on personal documents after being recognised as transgender.
Specifically, gender information on personal documents such as the transgender person’s identity card will be changed to the legally recognised gender.
Regarding the conditions for individuals proposing medical intervention for gender reassignment, the draft provides two options for the marital status of the applicant: single or unspecified.
In addition, the draft provides two options regarding the documentation, procedures and processes for individuals proposing medical intervention for gender reassignment. Option 1 requires a certificate confirming single marital status in accordance with the law, while Option 2 does not require this certificate.
During the 5th session of the 15th NA, the body agreed to include the project on the gender transition law on the agenda for discussion at the 8th session in October 2024.
Currently, Việt Nam does not have criteria to accurately collect data on transgender people, leading to difficulties in collecting data on transgender people and those who have undergone medical interventions for gender transition.