VietNamNet Bridge – On May 12, the National Assembly Standing Committee discussed the amended Civil Code, particularly the contents on transgender.

Quynh Tram, a transgender who was granted the gender redefinication certificate.

According to the Minister of Justice Ha Hung Cuong, the current Civil Code and the amended draft that is being introduced for citizens’ comment only mention the redefining of sex, not provisions on transgender. However, through collecting people’s comments, the Ministry noted two opinions about the transgender issue.

The first said that the amended Civil Code should be added with the regulations on transgenders, including the conditions and procedures for transgenders.

The second did not recognize the right of transgender because this is a "complicated and sensitive" issue, which can cause unforeseeable consequences for those in need transgender and for society.

Cuong said that, based on public opinion, the Government had directed to add paragraph 3 into Article 36 of the draft of amended Civil Code with the following two options:

Option 1: "The transgender shall comply with the provisions of the Law."

Option 2: "The state does not recognize transgender".

"After discussing the Government found that the first opinion is reasonable," the Justice Minister said. He said transgender is a real need that is increasing in Vietnam.

"Because the law of Vietnam does not allow transgender so some people have to go abroad for transgender operations. After returning home, their status is not changed in their personal papers, causing difficulties for them in daily life," Cuong said.

At the same time, experts from the Ministry of Health and the Medical Association suggested that it is the time to add articles on transgenders into the Civil Code.

Though the law does not allow transgender but about 500 to 1,000 Vietnamese people have gone overseas for transgender.

PLTPHCM