Vietnam: Freedom On The Net 2021 Country Report

Age of ConsentLegislation/Cases/References
1.

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National

Consensual sex between same-sex couples is lawful at age sixteen (16) years .

Penal Code 

Article 115. Having sexual intercourse with children

1. Any adults having sexual intercourse with children aged from full 13 to under 16 shall be sentenced khổng lồ between one và five sầu years of imprisonment.

2. Committing the crime in one of the following circumstances, the offender shall be sentenced lớn between three và ten years of imprisonment:

a) Committing the crime more than once;

b) Against more than one person;

c) Being of an incestuous nature;

d) Making the victyên ổn pregnant;

e) Causing harms khổng lồ the victim’s health with an infirmity rate of from 31% khổng lồ 60%.

3. Committing the crime in one of the following circumstances, the offender shall be sentenced lớn between seven and fifteen years of imprisonment:

a) Causing harm to lớn the victim’s health with an infirmity rate of 61% or higher;

b) Committing the crime even though the offenders know that they are infected with HIV .

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WorldLII: Penal Code – Section 115 (Accessed 29 JAN 13)

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Assisted Reproduction TechnologyArtificial Insemination, In Vitro FertilisationSurrogacyLegislation/Cases/References1.
State

On 19 June 2014, the Family & Marriage Law passed with nearly 60 percent of votes from the National Assembly and will take effect starting next year. Under the amended law, surrogacy will only be allowed among married childless couples after doctors confirm the mother is unable khổng lồ give sầu birth even with technical support. .

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ThanhnienNews: Vietnam allows surrogacy within families, denies same-sex marriage trăng tròn JUN 14

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Censorship, Freedom of Association, Freedom of Expression, Free Speech, Right of AssemblyLegislation/Cases/References1.
State

On 22 May năm ngoái, the ministry of culture was reported to lớn have sầu sent a letter to lớn publishers ordering them khổng lồ stop printing ‘clichéd, useless, obscene and offensive’ romance novels, most of which are translations from Chinese .

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GayStarNews: Vietphái nam bans ‘poisonous’ gay romance novels

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Civil Unions, Partners: Domestic, RegisteredLegislation/Cases/References1.
National

On 13 November 2013, it was reported that the government has given same-sex couples the right khổng lồ live sầu together and hold blessing ceremonies although the unions won’t be legally recognized as marriages .

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GayStarNews: Vietnam giới legalizes gay weddings 13 NOV 13

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Gender Identity, Intersex,Transgender, TransexualLegislation/Cases/References1.
National

On 24 November năm ngoái, it was reported that more than 80% of the National Assembly voted in favour of legislation recognizing transgender people & lifting a ban on gender reassignment surgery, allowing those who have sầu undergone gender reassignment surgery lớn change their gender marker và be accorded the ‘personal rights in accordance with their new sex’. The law will come into lớn effect on 01 January 2017 .

Decree No. 88/2008/ND-CP regulates sex reassignment procedures .

Article 1. Scope of regulation và subjects of application

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

2. This Decree applies to lớn domestic & foreign organizations và individuals in Vietphái nam.

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Article 7 provides:

1. A dossier of request for sex reassignment comprises:

a/ An application for sex reassignment, made according to lớn 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 và 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 thẻ, household status registration book or passport.

2. Procedures for requesting sex reassignment:

a/ The person requesting sex reassignment shall skết thúc a dossier of request for sex reassignment to the medical examination & treatment establishment licensed khổng lồ conduct medical interventions for sex reassignment;

b/ After receiving the dossier, the medical examination & treatment establishment shall consider & reply lớn 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.

On 22 February 2013, the Ministry of Justice reportedly ordered the local government in Binh Phuoc province to lớn halternative text their decision khổng lồ reverse their recognition of intersex teacher Psay mê Le Quynh Tram’s gender, lớn await Prime Minister Nguyen Tan Dung’s decision on the matter .

On 21 January 2013, the Binh Phuoc province’s People’s Committee concluded that recognition of Pham mê Le Quynh Tram as a transgender woman is illegal & proposed the 2009 sex-redefining decision be revoked .

According lớn lawyer Nguyen Huu The Trach, those who want lớn re-define their sex have lớn comply with two conditions: first, they get examined by a province or city-cấp độ medical council; second, they undergo a transgender surgery at an authorized hospital .

On 05 November 2009, the administration of a town in Binch Phuoc province granted the application of Psi Van Hiep to lớn re-define her sex from male to female và khổng lồ change her name to lớn Psi mê Le Quynh Tram, becoming the first transgender in Vietphái mạnh khổng lồ recognized by the authorities as a woman .

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GayStarNews: Vietnam giới passes landmark law recognizing transgender people 25 NOV 15
R1.6ISEE: 10 things you need to know about the recognization of transgender rights in Viet Nam 24 NOV 15
D1.5Kenfoxlaw: Decree No. 88/2008/ND-CP 05 AUG 08
R1.4GayStarNews: Vietnamese government halts reversal of gender recognition 22 FEB 13
R1.3GayStarNews: Vietnamese intersex woman ‘deeply shocked’ at decision lớn revoke gender recognition 28 JAN 13
R1.2TuoitreNews: Transgender woman faces rejection, lớn sue 25 JAN 13
R1.1VietnamNet: The first trans-gender legally recognized in Vietnam 08 SEPhường 12

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1.National

Consensual sex between same-sex couples is lawful .

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ILGA: State-Sponsored Homophobia 
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MarriageLegislation/Cases/References1.
National

On 19 June 2014, the National Assembly approved an amended Law on Marriage & Family replacing the current regulation that forbids same sex marriage. The new law comes into effect 01 January 2015 – abolishing the ban on marriage between people of the same gender promulgated by the NA in 2000 – in order to avoid discrimination against homosexual couples, but also stipulates in Article 8 that the State shall not recognize marriage between persons of the same sex, meaning that the marriage will not be protected by law in any subsequent disputes related lớn the marriage .

On 11 April 2013, it was reported that the Government had scraped a draft decree lớn have sầu taken effect in July, that would have sầu fined homosexual couples that get married VND200,000-1 million (US$9.55-47.77), twice the current fine introduced in 2000. Deputy minister of Justice Pham Quy Ty said this “doesn’t mean Vietnam giới recognizes same-sex marriages” .

On đôi mươi June 2012, the ministry of justice was reported khổng lồ have sầu sent out a letter to lớn organizations such as the supreme court, the government’s family department và Hanoi Law University asking for opinions about legalizing same-sex marriage .

As at 05 June 1998, Vietnamese law did not ban same-sex marriage .

In March 1998, lesbian couple Cao Tien Duyen and Hong Kim Huong tied the knot in the Mekong Delta province of Vinch Long, in Vietnam’s first lesbian marriage . On 23 May, the relationship reportedly ended after a Justice Ministry-ordered meeting at their home with 20 officials from Communist Party groups .

In April 1997, a gay wedding between an Australian-Vietnamese man and his Vietnamese boyfrikết thúc angered civil authorities .

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Tuoitrebews: Ban on same sex marriage to be lifted next year in Vietnam 29 DEC 14
R1.5ThanhnienNews: Vietnam scraps fines on same-sex marriages, but far from legalization 11 Atruyền bá 13
R1.4GayStarNews: Vietphái nam government consults on same-sex marriage trăng tròn JUN 12
R1.3Sydney Star Observer: Vietnamese Marriage 12 MAR 98
R1.2Melbourne Star Observer: Vietnamese Breakup Lesbian Marriage 05 JUN 98
R1.1Sydney Star Observer: Vietnam’s 1st Gay Wedding 10 APR 97

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