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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
88/200S/ND-CP
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Hanoi, August 5,
2008
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DECREE
ON
SEX REASSIGNMENT
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to Article 36 of the June 14, 2005 Civil Code;
At the proposal of the Minister of Health,
DECREES:
Chapter 1
GENERAL PROVISIONS
Article 1. Scope of
regulation and subjects of application
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2. This Decree applies to
domestic and foreign organizations and individuals in Vietnam.
Article 2. Interpretation
of terms
In this Decree, the following
terms are construed below:
1.Congenital sex defect means
abnormalities in the genitalia of a person right at birth, which is expressed
in one of the following forms: female pseudohermaphroditism,male
pseudohermaphroditism or one hermaphroditism;
2.Unidentifiable sex means a
case in which a person cannot be distinguished as a male or female based on
both the genitalia and sex chromosome;
3. Testicular differentiation
gene means a coding gene for testicular determination in the short arm of
chromosome Y, which, if tested positive, is an element of the testis
development and formation as a male identity expression.
Article 3. Principles for
sex reassignment
1. Ensuring that every person
can live true to his/her gender.
2. Conducting sex reassignment
on the principle of voluntariness, objectivity, honesty and scientificity, and
taking responsibility before law for sex reassignment.
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Article 4. Prohibited
acts
1. Conducting sex assignment for
persons who have become perfect in their gender.
2. Conducting sex assignment
without permission of the Ministry of Health or a provincial-level Health
Service stipulated in Article 8 of this Decree.
3. Disclosing information on
other persons sex reassignment.
4. Discriminating against
sex-reassigned persons.
Chapter 2
MEDICAL CRITERIA FOR SEX
REASSIGNMENT
Article 5.- Medical
criteria for identifying congenital sex defects
1. Male pseudohermaphroditism:
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b/ The sex chromosome is XY or
the testis differentiation gene is tested positive or both.
2. Female pseudohermaphroditism:
a/ The genitals have an enlarged
clitoris resembling a penis but testis cannot be touched, and the uterus and
ovary but non testis can be seen by ultrasound or endoscope.
b/The sex chromosome is XX.
3. True hermaphroditism:
a/ The genitalia are
indistinguishable as male or female. The gonads have both testis and ovary.
b/ The sex chron some can be any
of th forms: XX/YY; XXX/XY; XX/XXXY or other forms of chromosome already
identified as true harmaphioditism
Article 6. Medical
criteria for determining unidentified sex
The sex chromosome may be the
same in the case of female or male pseudohermaphroditism or true
hermaphroditism but the genitalia are not completely differentiated and cannot
be accurately identified as male or female.
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PROCESS OF MEDICAL INTERVENTION
FOR SEX REASSIGNMENT
Article 7. Medical
dossiers and procedures of request for sex reassignment
1. A dossier of request for sex
reassignment comprises:
a/ An application for sex
reassignment, made according to a form set by the Minister of Health. In case
of sex reassignment for a person aged under 16 years, that persons parent or
guardian shall make a written request; for a person aged between full 16 years
and under 18 years, his/her application must be also signed by his/her parent
or guardian:
b/ A valid copy of the birth
certificate, identity card, household status registration book or passport.
2. Procedures for requesting sex
reassignment:
a/ The person requesting sex
reassignment shall send a dossier of request for sex reassignment to the
medical examination and treatment establishment licensed to conduct medical
interventions for sex reassignment;
b/ After receiving the dossier,
the medical examination and treatment establishment shall consider and reply to
the requesting person within 15 working days after receiving the written
request. If refusing the request, it shall issue a written reply stating the
reason.
Article 8. Conditions on
medical examination and treatment establishments licensed to conduct medical
interventions for sex reassignment
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1. Having adequate physical
foundations and medical equipment and personnel according to regulations of the
Minister of Health;
2. Having been appraised and
permitted in writing by the Ministry of Health, for medical examination and
treatment establishments attached to the Ministry of Health, or by the Health
Service of a province or centrally run city, for medical examination and
treatment establishments attached to provincial-level Health Services and those
run by other branches and private owners in the localities.
Article 9. Clinical and
subclinical examination and therapy for sex reassignment
1. On the basis of dossiers of
request for sex reassignment, medical examination and treatment establishments
shall organize clinical or subclinical examination for sex reassignment:
a/ Clinical examination:
- External appearance;
- External and internal genital
organs;
- Psychosexual tests.
b/ Subclinical examination:
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- Ultrasound, endoscope,
radiography, tomography and magnetic resonance imaging:
- Hormone test;
- Sex chromosome test;
- Biopsy to determine whether
the gonads are testicular or ovarian.
2. After clinical and
subclinical examination results are available, medical examination and
treatment establishments shall hold consultations with the participation of
specialists for making appropriate prescriptions for the sex reassignment
therapy.
3. Sex reassignment therapy:
a/ On the basis of a persons
request for sex reassignment, the medical examination and treatment
establishment shall select a sex for appropriate therapy methods to ensure that
in that sex. the sex-reassigned person may best integrate with the society
psychologically, physiologically and socially;
b/ The medical examination and
treatment establishment shall decide on the age for performing surgery of the
person requesting sex assignment, ensuring the earliest age:
c/ The medical examination and
treatment establishment shall prescribe surgery and post-surgery hormone
treatment.
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1. Medical examination and
treatment establishments which have conducted medical interventions for sex
reassignment shall issue medical certificates after reassigning the sex for
persons who have received medical interventions.
2. The Minister of Health shall
issue the form of medical certificate for sex- reassigned persons.
Chapter 4
CIVIL STATUS REGISTRATION
AFTER SEX REASSIGNMENT
Article 11. Bases for
civil status registration after sex reassignment
Medical certificates specified
in Clause 1, Article 10 of this Decree serve as thebasis for civil status
registration for sex-reassigned persons.
Article 12. Grant of
medical certificates to persons who underwent sex reassignment abroad or in
Vietnam before the effective date of this Decree
For persons who underwent sex
reassignment abroad or in Vietnam before the effective date of this Decree, if
they need to re-register their civil status, they shall produce sex
reassignment certificates issued by the medical examination and treatment establishments
that previously conducted sex reassignment for them and come to a medical
examination and treatment establishment specified in Article 8 of this Decree
for examination and grant of medical certificates.
Article 13.
Responsibility for dealing with civil status registration for sex-reassigned
persons
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Article 14. Competence
and procedures for civil status registration for sex-reassigned) sons
The competence and procedures
for civil status registration for sex-reassigned persons comply with the civil
status registration law.
Chapter 5
IMPLEMENTATION PROVISIONS
Article 15.
Implementation effect
This Decree takes effect 15 days
after its publication in "CONG BAO."
Article 16.
Responsibility for implementation guidance
1. The Minister of Health shall
issue regulations on conditions on medical examination and treatment
establishments to be licensed to conduct medical interventions for sex
reassignment, the form of request for sex reassignment and the form of medical
certificate of sex reassignment.
2. The Ministry of Justice shall
assume the prime responsibility for, and coordinate with the Ministry of Public
Security and concerned agencies in, promulgating documents guiding the civil
status registration for sex-reassigned persons.
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Ministers, heads of
ministerial-level agencies, heads of government-attached agencies and
presidents of provincial-level Peoples Committees shall implement this Decree.-
ON BEHALF OF THE
GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung