Draft law on gender transition open for discussion

Vietnamese trans woman Hương Giang (centre) was crowned Miss International Queen 2018. VNA/VNS File photo

HÀ NỘI — Individuals are allowed to undergo gender transition only once in their lifetime, and those who undergo gender transition will have their property rights recognised before the transition, according to the new draft.

National Assembly (NA) delegate Nguyễn Anh Trí, head of the drafting committee and former director of the Central Haematology and Blood Transfusion Institute, has sought public opinion on the drafted Gender Transition Law.

According to Trí the draft law consists of four main policy groups. It includes conditions for citizens to undergo gender transition; medical interventions for gender transition of citizens; confirmation of gender for cases that have undergone medical interventions for gender transition before the effective date of the Gender Transition Law; and the authority and procedures for recognising the gender of transgender individuals.

The draft strictly prohibits discrimination, misinformation or mistreatment towards transgender individuals, their families or relatives. It prohibits the coercion or pressure of others to undergo gender transition.

Specifically, it strictly prohibits individuals from undergoing gender transition twice in their lifetime.

Regarding the rights of transgender individuals, the draft specifies 15 rights, including the right to be recognised with a new gender after undergoing medical interventions for gender transition when meeting the conditions specified in the draft.

Transgender individuals have the right to appropriate personal status in accordance with the gender they have transitioned to, as specified by civil law and other relevant laws.

They have the right to preserve sperm and eggs to maintain their lineage through reproductive services in line with the principles and laws of Việt Nam.

They are entitled to retain information on diplomas and certificates issued before gender transition. They are also entitled to maternity benefits, social insurance laws, and other relevant laws appropriate to the gender they have transitioned to.

In the case of recognising property rights for assets established before gender transition, if the property rights certificate contains gender information, the authority is obligated to adjust the gender information according to the recognised gender of the transgender individual.

In addition to rights such as the recognition of a new gender, property rights, and the enjoyment of maternity benefits, transgender individuals 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 identity card of the transgender individual will be changed to the legally recognised gender.

Regarding the conditions for individuals proposing medical intervention for gender transition, the draft presents two options concerning the marital status of the applicant: single or unspecified.

Additionally, concerning the documentation, procedures and processes for individuals proposing medical intervention for gender transition, the draft also provides two options. Option 1 requires a certificate confirming the single marital status according to legal regulations, while option 2 does not require this certificate.

During the 5th session of the 15th NA, the body agreed to include the Gender Transition Law project in the agenda for discussion at the 8th session in October 2024.

Currently, in Việt Nam, there are no criteria to accurately gather data on transgender individuals, leading to difficulties in collecting data on transgender people and those who have undergone medical interventions for gender transition. — VNS