Stemming from social reality, as well as recognizing a basic human right like other rights, the 2015 Civil Code also inherited and recognized the rights and obligations of individuals when determining gender. Specifically, in Article 36 of the 2015 Civil Code:

Article 36. Right to re-determine gender

1. Individuals have the right to redefine gender.

The gender re-determination of a person is done in cases where his or her gender is congenitally disabled or has not been correctly shaped and requires medical intervention to determine the gender.

2. The re-gender determination shall comply with the provisions of law.

3. Individuals who have re-determined their gender have the right and obligation to register for civil status change according to the civil status legislation; have personal rights in accordance with the gender redefined in accordance with this Code and other relevant laws.

The problem of birth defects of gender and sex has not been correctly shaped guided in Article 2 of Decree 88/2008 / ND_CP:

- Sexual birth defects are abnormalities in the genitals of a person from birth, manifested in one of the following forms: bisexual female bisexual men, bisexual male bisexual female or real bisexual ;

- Gender which has not been correctly shaped is cases where it is impossible to distinguish whether a person is male or female in terms of both genitals and sex chromosomes;

Article 37. Transsexual

The sex change is done according to the law. Individuals who have changed gender have the right and obligation to register for civil status change according to the civil status legislation; have personal rights in accordance with the gender converted according to this Code and other relevant laws.

From a legal perspective, we can see this is a conditional human rights. This is reflected in the fact that a person is only required to redefine his / her gender when he or she has a birth defect or the gender has not been correctly shaped. When and only if one of the above two conditions are met, they have the right to ask a medicine to accurately re-determine gender. On the one hand, such regulations to restrict a sex change take place arbitrarily and are on the rise in our country.

Although this is just the most general rule on transgender issues, it can be considered as an important step for those who have changed sex.

Accordingly, a person who has changed sex will be recognized by the law as moral rights to the new sex. Including the right to get married in accordance with the law.

I. Other relevant issues

The most important issue is to promulgate detailed guidelines on gender change, including the necessary contents: What is the age at which transgender is allowed, financial support policies for transgender people? Which establishments are allowed to change gender and the conditions for recognition of gender change

If you have any questions, please contact Dai Viet Notary Office (now Tran Hang Notary Office) / Dai Viet Law Co., Ltd for specific answers.

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