Nghị định 88/2008/NĐ-CP về việc xác định lại giới tính

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

1. This Decree provides for sex assignment for persons with congenital sex defects or of unidentifiable sex.

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.

3. Keeping secret information relating to sex-reassigned persons, except for cases in which there are documents of competent state agencies requesting the supply of dossiers in service of examination, inspection, investigation, prosecution and adjudication activities related to sex reassignment.

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:

a/The genitalia have a small penis, testis can or cannot be touched but can be seen by ultrasound or endoscope, there is no uterus nor ovary.

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.

Chapter 3

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

A medical examination and treatment establishment may perform medical interventions for sex reassignment when meeting the following conditions:

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:

On a case-by-case basis, specialists may prescribe the following subclinical examination methods:

- 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.

Article 10. Medical certification after medical intervention for sex reassignment

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

District-level Peoples Committees shall :eal with the civil status registration for sex-reassigned persons in accordance with the civil status registration law.

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.

Article 17. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial-level Peoples Committees shall implement this Decree.-

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