VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES

TRUONG HONG QUANG

RIGHTS OF HOMOSEXUAL, BISEXUAL,
TRANSGENDER AND INTERSEX PEOPLE
UNDER VIETNAMESE CURRENT LAWS
Major: Constitutional and Administrative law
Code
: 9.38.01.02

SUMMARY OF DOCTORAL THESIS IN LAW

HANOI - 2019


The Doctoral thesis was completed at:

GRADUATE ACADEMY OF SOCIAL SCIENCES

Supervisor: Prof. Dr. VO KHANH VINH

Reviewer 1: Assoc. Prof. Dr. Nguyen Thi Viet Huong
Reviewer 2: Assoc. Prof. Dr. Nguyen Thi Hoi
Reviewer 3: Dr. Nguyen Van Thuan

The doctoral thesis will be examined by Examination Board of
Graduate Academy of Social Sciences at …………………………….

The doctoral thesis can be found at:

- National Library of Vietnam;
- Library of Graduate Academy of Social Sciences


INTRODUCTION
1. Rationale
Social life always witnesses the diversity and abundance at anytime
and there is no exception for emotion, feeling or sexual orientation. In the
past, we mostly talked about a society where families are combination of
a man and a woman aiming to breeding only. Whereas, same-sex
relationship or desire other gender were seen as an oddity, even
morbidity. Actually, homosexual, bisexual, transgender or intersex have
existed in society for a long time and been clearly depicted in this modern
life.
In modern human rights theory, rights of lesbian, gay, biosexual,
transgender and intersex (LGBTI) people are more and more interested
like rights of people living with HIV/AIDS or migrant workers... LGBTI
people are much related to sex, gender, gender identity and sexual
orientation. Their rights become controversial issues in many countries in
law development and enforcement process. However, in reality, the trend
of supporting their rights is increasing in the world.
In Vietnam, LGBTI people have been paid more and more attention by
scientists in recent years. In term of jurisprudence, rights and law on
rights of LGBTI people are also maintained both in theoretical and
practical aspects.
The Consitution of the Socialist Republic of Vietnam issued in 2013
has required the completion of legal system on human rights generally
and LGBTI’s rights particularly. Besides, Vietnam is executing or making
and completing several legal documents related to LGBTI people’s rights
namely: The Civil Code in 2015, the Penal Code in 2015 (amended and

supplemented in 2017), Law on Marriage and family in 2014,
Transgender law, Law on Labor…
From above situation, research on human rights of LGBTI people will
contribute to perfecting legal provisions to ensure human rights, enhance
social values of law in Vietnam and be fit with international trends.
Therefore, the author chooses the topic “Rights of homosexual, bisexual,
transgender and intersex people under Vietnamese current laws” to
study as a doctoral thesis in law with the desire of contributing to
decrypting related matters comprehensively and systematically.

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2. Purposes and missions of the thesis
The thesis’s purposes are to provide exact, comprehensive and suitable
arguments, then perfect Vietnamese legal system on rights of LGBTI
people in the next time.
The thesis performs several missions including:
- Studying theoretical issues on rights of LGBTI people; theories on
rights and laws on rights of LGBTI people; factors effecting law
development and enforcement on their rights; development trends of
international laws, legal provisions of several nations all over the world on
rights of these subjects.
- Studying legal reality on rights of LGBTI people in Vietnam (current
situation, legal provisions on rights of these subjects and some matters
raised in reality when executing laws).
- Based on results of theoretical and practical studies, the thesis
proposes several opinions and solutions to complete Vietnamese law on
rights of LGBTI people as well as contribute to promoting law enforcement
on rights of these subjects in the near future.

3. Objects and scope of the thesis
The thesis objects are perceptions, realities and legal provisions on
rights of LGBTI people in Vietnam.
The thesis studies on rights of LGBTI people under Vietnamese legal
system and focuses on specific rights, limited rights, unrecognized rights or
recognized rights but encountered many problems in reality. There is
comparison to international law and laws of several nations in the world on
rights of LGBTI people.
4. Research methodologies
In order to resolve given tasks, the thesis uses dialectical and historical
materialism methods of Marxism-Leninism, Ho Chi Minh Thought;
theoretical views and guidelines of the Communist Party of Vietnam and
the State’s law.
The thesis also applies some research methods such as: analytical,
synthesis, systematic, legal comparative methods; data statistic and analysis
method, analyzing practical situation method, historical method.

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5. New scientific contributions of the thesis
- In general, the thesis is a comprehensive research on perception,
reality and legal provisions on rights of LGBTI people in Vietnam.
- In particular, the thesis approaches and studies the matters
interdisciplinarily and multidisciplinarily. Not only approaches to legal
perspective, research on LGBTI people and legal provisions on rights of
their subjects but also combines sociology, psychology, anthropology,
philosophy… By interdisciplinary and multidisciplinary methods allow the
author has a systematic and comprehensive look on studied matters.
- The thesis builds, supplements and deepens theoretical system on

rights and legal provisions on rights of LGBTI people; theories on factors
affecting law development and enforcement on LGBTI people’s rights; as
well as evaluates development trends of international laws, legal provisions
of several nations all over the world on rights of these subjects.
- The thesis assesses current situations of LGBTI people in Vietnam;
analyses and assesses legal situations and enforcement on rights of LGBTI
people over the past few years. Thereby, drawbacks, mistakes and reasons
of these situations are shown.
- Based on theoretical and practical background, the thesis proposes
some viewpoints and solutions with aiming to perfect legal provisions and
legal enforcement on rights of LGBTI people comprehensively,
synchronously and appropriately with Vietnamese conditions.
6. Scientific and practical meanings of the thesis
- Reseach results will contribute to develop theoretical backgrounds to
complete Vietnamese law on rights of LGBTI people.
- The thesis will also contribute to overcoming limitations and
inadequacies in legal provisions on rights of LGBTI people currently by
suggesting solutions to perfect legal provisions and enforcement based on
human rights recognization, respect, protection and assurance. Given
solutions may support for law development and enforcement agencies on
rights of LGBTI people.
- The thesis can be used as a worthy and necessary reference in the
activities of the legislative, training majoring in laws and human rights,
professional training and laws education.

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7. Structure of the thesis
In addition to the introduction, conclusion, references and appendices,

the thesis consists of 4 chapters.

Chapter 1
OVERVIEW ABOUT RESEARCH RELATED TO THE THESIS
1.1. Overview
1.1.1. Domestic studies
1.1.2. Foreign studies
1.2. Assessment studies related to the thesis
There are lots of studies related to the thesis which approach researched
matters from different perspectives and interdisciplinarily. That these
studies were published on books, specialized journals, research, doctoral
thesis and dissertation accounted for a larger amount in comparison with
social organizations’ works, especially in recent 5 years. The author also
published several related works.
Results of these works which provide basic theoretical knowledge on
LGBTI people, their rights and legal provisions on rights of LGBTI people
are precious references for researching this thesis. However, up to now,
there is no systematic and comprehensive research on rights of LGBTI
people according to Vietnamese law. The studies just concentrate on
homosexual, transgender or bisexual (LGBT) in general, and research on
rights of intersex people seems to be sporadic.
Based on research situations, some matters have been resolved and
received on the thesis at different level as following:
Theoretical perspective: basic matters on LGBTI people, natural rights,
rights of LGBTI people; overview on international law and legal provisions
of several nations all over the world on rights of LGBTI people.
Practical perspective: current situations on LGBTI people in Vietnam;
some limitations and inadequacies in legal provisions on rights of LGBTI
people (rights to together living of same-sex couples, transgender or
gender-determination rights…).

Suggestively perpective: some solutions on together living of same-sex
couples, perfect legal provisions on transgender, gender-determination and

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rights on LGBTI people in other fields (criminal justice, gender equality…)
as well.
It can be seen that foreign studies have provided a large amount of
theoretical and practical knowledge on rights of LGBTI people in the
world whereas there is a limitation in practical research in Vietnam. For
domestic studies, some matters related to this thesis have been not totally
resolved or given yet:
Theoretically, research on definitions of LGBTI people have not
explained clearly based on theoretical background of sexual orientation and
gender identity and have not deeply studied theories on rights and legal
provisions on rights of LGBTI people yet. Research on international law
and legal regulations of several nations all over the world on rights of
LGBTI people have been sporadic, and lacked of overview about
development in each stage as well as concluded popular models. They have
also witnessed imcomplete analysis and assessment of factors effecting law
development and enforcement on rights of LGBTI people. The others have
still remained shortcomings both in theories and perceptions about LGBTI
people.
Practically, research have not fully studied about situations of LGBTI
people in Vietnam currently (studies on LGBT group only). Some fields of
law on rights of LGBTI people have not been deeply analysed (Intersex,
law access, legal aid, children, giving birth by scientific methods, working,
sports, military service…). Mechanism for protection of rights of LGBTI
people in Vietnam has not been comprehensively evaluated. At the same

time, legal enforcement has just pointed out inadequacies of legal
regulations but specific subjects (LGBTI people, State agencies, social
organizations).
Suggestively, learnt from other nations’ experience, some given
solutions have not been suitable for Vietnamese conditions yet such as:
recognizing same-sex marriage, recognizing non-surgery transgender
people, children adoption... Therefore, those recommendations have not
been totally incisive…
1.3. Matters need to be studied further in the thesis
First, study to raise the awareness of LGBTI people based on
theoretical background of sexual orientation and gender identity; and argue

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fully, comprehensively on objective, natural existence of LGBTI people as
well.
Second, study to shed light on theories on rights of LGBTI people and
legal regulations on rights of LGBTI people (their nature, reasons why
legislation has to recognize their rights, positions of their rights in legal
system…) and factors effecting law development and enforcement on
rights of LGBTI people.
Third, overall study development and main legal models on rights of
LGBTI people all over the world.
Fourth, study fully and comprehensively on situations of LGBTI people
in Vietnam currently and legal matters raised in recognization, respect,
protection and assurance rights of LGBTI people.
Fifth, study and evaluate legal situations of rights of LGBTI people in
Vietnam currently, especially focus on specific rights, unrecognized rights
or recognized rights but encountered limitations; and mechanism to protect

their rights. This matter in the thesis is also directed to legal projects or
drafts related to rights of LGBTI people which are in the process of
developing and executing in Vietnam.
Sixth, study on suggestions and specific solutions with the purpose of
perfecting legal provisions on rights of LGBTI people comprehensively,
synchronously and appropriately with Vietnamese conditions.
1.4. Research questions and scientific hypothesis
By evaluating given studies, the thesis is conducted based on following
theories and hypothesises:
- Theories on sexual orientation and gender identity;
- Hypothesis on natural rights and legal rights;
- Theories on fairness.
The thesis also proposes five research questions which need to be
resolved:
Question 1: Which theories are used to explain rights of LGBTI people?
Whether violating rights of LGBTI people is a violation of human rights in
general or not?
Question 2: Why do we need to recognize rights of LGBTI people by
using law?

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Question 3: Which factors have an effect on law development and
enforcement on rights of LGBTI people?
Question 4: Whether laws on rights of LGBTI people in Vietnam meet
the social requirements or not?
Question 5: Which solutions needed to perfect legal provisions and
promote legal enforcement on rights of LGBTI people in Vietnam?
From these research questions, the thesis provides scientific hypothesis

as follow:
“Rights of LGBTI people are one of new and complicated issues of law
on modern human rights. It is necessary to study their rights based on
theories of sexual orientation, gender identity, natural rights theory…
Rights of LGBTI people consist of various rights; at the same time, specific
rights of LGBTI people are included. Law is one of vital means aiming to
protect and ensure rights of LGBTI people whereass there are differents
aftors affecting law development and enforcement on rights of LGBTI
people such as cuture, science or technology. Despite of some progressive
points, Vietnamese legal system on rights of LGBTI people has still not met
the social needs yet. As a consequence, comprehensive, synchronous and
appropriate solutions to complete lagel provisions and promote legal
enforcement on rights of LGBTI people in Vietnam are needed”.

Chapter 2
THEORETICAL MATTERS ON RIGHTS
AND LEGAL PROVISIONS ON HOMOSEXUAL, BISEXUAL,
TRANSGENDER AND INTERSEX PEOPLE’S RIGHTS
2.1. Theoretical matters on rights of LGBTI people
2.1.1. LGBTI people
Both theoretical and practical research have shown that LGBTI are
natural things of social development. This matter is awared according to
basic definitions of sexual orientation, gender identity and our natural
physical features.
- Sexual orientation is one of four factors making sexuality which is an
enduring pattern of emotional, romantic, affectionate and sexual attraction
to persons of any gender. Homosexual and busexual are two of human

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sexual orientations; therefore, they are not genders. Homosexual and
bisexual people are male or female. While the former is attracted by same
sex ones, the latter is attracted to and wants to have relationships with both
sexes.
- Gender identity is known as a person’s internal sense of his/her own
gender (same or different from his/her biological sex at birth). Transgender
people may realize that their assigned sex does not match gender identities.
They do not need to conduct sex reassignment surgery to be called as
transgender people. After sex reassignment surgery, thay are transgenders.
- Intersex is a general term used for variety conditions in which an
individual is born with a reproductive or sexual anatomy that doesn’t seem to
fit the typical definitions of female or male. Sex reassignment surgery is one
of problems that intersex people have to face with. They often respond LGBT
people’s movements as their aims seem to be similar.
- While heterosexual people (who are attracted to people of the opposite
sex) account for majority, LGBTI peope are minority group in this society.
LGBTI is not pathology and unable to infect from one person to another.
2.1.2. Rights of LGBTI people
- Rights of LGBTI people are human fundamental needs;
- Right of LGBTI people is a system of various rights in which consists
of new rights in comparison with human rights, for example: transgender
right of transgender people, gender determination right of intersex people;
- Rights of LGBTI people are both group rights and personal rights.
2.2. Law on rights of LGBTI people
- Reasons for the law to recognize and protect rights of LGBTI people:
+ Law is considered as a vital tool to actualize, protect and promote
rights of LGBTI people. It is essential to recognize rights of LGBTI people
by law in the context of growing society;
+ LGBTI people have been suffered discrimination or abuse in different

aspects so they need protection by legal provisions;
+ It is reasonable that legitimate interests of every citizen are protected.
A democracy and progressive law need to protect both rights of majorities
and minorities;
+ If legal provisions do not recognize rights of LGBTI people, arised
conflicts will be not resolved in case LGBTI people require liberty and

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happiness. Therefore, regulations are needed to resolve these conflicts,
maintain social order and ensure rights of LGBTI people;
+ If legal provisions do not recognize rights of LGBTI people, some
consequences will be arised or continued like discrimination against
LGBTI people and their families or other negative impacts…
- Matters need to be recognized by law on rights of LGBTI people:
Under sexual orientation and gender identity aspects, legal provisions of
any nation need to consider and recognize many matters on rights of LGBTI
people such as equality, discrimination, same sex relationship, children,
transgender, sex reassignment… When considering and recognizing rights of
LGBTI people, legal provisions have to concentrate on dealing conflicts with
legitimate rights and interests of other subjects in society.
- Formality of laws on rights of LGBTI people: It is not necessary to issue
separate legal documents to prescribe rights of LGBTI people, except for
some specific rights of transgender or intersex people.
- Characteristics of process which laws consider and recognize rights of
LGBTI people: This process seems to last for a long time. It is complicate
and may conflict with State management needs, other subjects’ legitimate
rights and traditional values.
- Legal enforcement on rights of LGBTI people: Enfocing right of LGBTI

people is much more difficult and important than authorizing them in legal
system because they are minorities and not easy to identify and approach.
Solutions to enforce legal provisions play a significant role in protecting,
ensuring and promoting rights of LGBTI people in reality. Legal
enforcement on rights of LGBTI people focuses on three main groups:
LGBTI people, State agencies, other individuals and organizations.
2.3. Several basic matters in international laws and legal provisions
of several nations on rights of LGBTI people
During the past time, international laws and legal provisions of several
nations all over the world on rights of LGBTI people have witnessed
significant changes. Accordingly, LGBTI people and their rights have
become heated issued on human rights. International organizations
(especially United Nations) have recognized and raised a full awareness on
LGBTI. It takes a long and difficult time to recognize their rights in law
development trend of many countries. However, it can be clearly seen that

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there are more and more nations recognize, protect, ensure and promote
rights of LGBTI people.
International laws propose many recommendations related to LGBTI
people and their rights which especially concetrate on equality and
discrimination against them. There are different reasons for non-promotion
on rights of LGBTI people, and political reasons, conflictions or beliefs,
religions are common ones.
2.4. Factors affecting law development and enforcement on rights of
LGBTI people
Basically, law development and enforcement on rights of LGBTI people
are affected by various factors including heterosexualism, culture, politics,

beliefs and religions, communication and journalism, others… These
factors impact on law development and enforcement on rights of LGBTI
people at different levels and different nations.

Chapter 3
LEGAL SITUATIONS AND ENFORCEMENT ON RIGHTS OF
HOMOSEXUAL, BISEXUAL, TRANSGENDER AND INTERSEX
PEOPLE IN VIETNAM CURRENTLY
3.1. Current situations of LGBTI people in Vietnam
By using actual surveys and collected information, it can be seen that
LGBTI people exist positively in Vietnam despite of little national research
or investigations. Like other nations, LGBTI people in Vietnam have to
face with lots of preconception or discrimination raised from families,
society, friends and LGBTI groups themselves.
3.2. Current situations of legal provisions on rights of LGBTI
people in Vietnam
According to Vietnamese law, basically, LGBTI people own common
rights like other subjects which can be devided into two groups: (1) general
rights (applied for both LGBTI people and the others) and (2) specific
rights (applied for transgender and intersex people). Legal provisions have
not acknowledged some rights related to LGBTI people: Marriage and
children adoption of same-sex couples, surrogacy of LGBTI couples… The
terms namely sexual orientation, gender identity, homosexual, bisexual,
transgender, intersex are rarely used in legal documents. However, that

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rights of LGBTI people are expressed via different legislative techniques
(marriage of same-sex couples, giving birth by scientific methods,

surrogacy, execution of criminal judgements…) indirect recognize or not
recognize rights of these subjects.
In this part, the author focuses on analyzing and assessing legal
provisions on rights of LGBTI people which have not been recognized or
limitedly recognized. These specific rights are directly related to liberty and
happiness of LGBTI people as well as recognization their other rights.
3.2.1. Group of general rights of LGBTI people
This part assesses legal regulations on:
- Equality and non-discrimination rights in political, civil, economic,
cultural and social life;
- Rights in marriage and family field;
- Rights to access law and legal aid;
- Rights in administrative field;
- Rights in criminal justice.
3.2.2. Group of specific rights of LGBTI people
This part assesses legal regulations on:
- Transgender right of transgender people;
- Gender determination right of intersex people.
General
assessment: *
Advantages:
- LGBTI people in Vietnam have not suffered strict regulations or
discrimination like some other nations. Vietnamese law has not regulated
prohibition homosexuality/bisexuality, prison/death homosexual people...
- Some progressive and positive points are supplemented in
constitutional and legislative activities on rights of LGBTI people: The
Constitution in 2013, Law on Marriage and family in 2014, Civil Code in
2015, Penal Code 2015 (amended and supplemented in 2017), and Law on
temporary detention and custody in 2015…
* Disadvantages:

- Rights of LGBTI people appeared lately in Vietnamese legal system
(only gender determination right has been recognized since 2005).
- In overall, legal system on rights of LGBTI people has not been
comprehensive and covered all LGBTI people (equality, non-

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discrimination, together living of same-sex couples, property, civil status,
administrative procedures, criminal execution…). It has also lacked of
feasibility and not met social requirements yet.
- Current legal provisions have not fully aligned with international
common standards on rights of LGBTI people.
3.3. Current situations of legal enforcement on rights of LGBTI
people in Vietnam
3.3.1. From LGBTI people
This part assesses LGBTI people perception on their rights as well as
raised issues in legal enforcement on both their general rights and specific
rights.
3.3.2. From State agencies
This part evaluates current situations on: law propaganda and education
on rights of LGBTI people; necessary institutions related to protecting
rights of LGBTI people; law development and enforcement on their rights.
3.3.3. From people and social organizations
This section assesses people's perceptions and views on issues related to
LGBTI, the rights of LGBTI people and the participation of social
organizations in protecting and promoting the rights of LGBTI people.
General assessment:
* Advantages:
- Awareness of LGBTI people, agencies, government officials and

people on issues related to LGBTI people also has positive changes over
the years.
- LGBTI people have been more involved in active dialogues between
the Government and the public and in the process of developing policies
and laws;
- Some social organizations actively participate in the process of
protecting and promoting the rights of LGBTI people.
* Disadvantages:
- Overall, awareness of rights and rights protection of LGBTI people is
still quite limited;
- Law enforcement on some specific rights of LGBTI people reveals
some limitations and difficulties; some legitimate needs have not been
resolved by law;

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- State authorities have not really promoted their roles of propaganda
and dissemination of human rights education;
- The relevant institutions do not have enough facilities and capacity to
protect and promote the rights of LGBTI people;
- LGBTI law enforcement and enforcement activities have not really
approached human rights;
- Prejudice, stigma to LGBTI people still exist in people's awareness,
especially related to the recognition of LGBTI's rights;
- The participation of social organizations in the process of promoting
and protecting the rights of LGBTI people also faces limitations and
difficulties on foundation process, joining in formulation of laws and
operating funds.
3.4. Causes of the limitations and difficulties in law development

and enforcement of LGBTI people's rights in Vietnam
Firstly, influences of traditional notions (leading many people and
officials to a “heterosexual society” prejudice).
Secondly, the awareness of LGBTI in the construction and enforcement
of laws about their rights is incomplete and not really based on human
rights (for example, the concept of gender equality has been no longer
suitable to practice...).
Thirdly, beliefs and religions also profoundly impact on the concept of
LGBTI people as well as on recognizing and enforcing laws on the rights
of LGBTI people Vietnam.
Fourthly, causes from other factors (law development trends in regional
countries, mass media, residences, age, education levels, economic
status…).

Chapter 4
VIEWPOINTS AND SOLUTIONS TO IMPROVE
THE LAW ON THE RIGHTS OF HOMOSEXUAL,
BISEXUAL, TRANSGENDER AND INTERSEX
PEOPLE IN VIETNAM
4.1 Viewpoints to improve the law on the rights of LGBTI people in
Vietnam
First, getting more access to new cultural values

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Second, fully and comprehensively access to nature of LGBTI people’s
rights
Third, the improvement of the law on the rights of LGBTI people must
focus on uniformity and unity of law and must follow a prosess

Fourth, attention should be paid to solutions of raising the awareness
and promoting law enforcement of LGBTI people’s rights
4.2. Sollutions to improve the awareness of LGBTI people and the
law of LGBTI people’s rights
(1) LGBTI people need to be more proactively contribute to change
negative society’s perceptions themselves.
Any point of view or perception has an interaction from both sides.
According to the author of the thesis, LGBTI people themselves need to
have more positive and proactive moves in building a good image among
the social community, contributing to helping society understand
themselves better. Making society’s vision in which LGBTI is natural and
objective is very important. Since then, the notion of a heterosexual society
and heterosexual monopoly will gradually give way to a sexual diversity
society. According to the survey results, mentioned in chapter 3 of the
thesis, LGBTI people who live publicly and connect more to the
community, will also have positive impacts on society's views about
LGBTI issues. Many cases show that people realize LGBTI people are
naturally present in normal life. Besides, the attitude of positive, proactive
living which makes others understand clearly and correctly about LGBTI
people will be an effective way for them to integrate better in the
community and society.
(2) The Ministry of Education and Training needs to continue to expand
the content of sex education programs (especially for high school students
and university students). Accordingly, it is necessary to inform and educate
on issues of sexual orientation and gender identity to contribute to the
orientation of proper awareness for pupils and students in particular and for
young people in general.
(3) The Ministry of Health needs to disseminate scientific knowledge
about sexual orientation, gender identity, homosexual and transgender... to
agencies, organizations, people, families, society and especially medical

facilities, treatment facilities and officials.

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(4) State agencies need to raise solutions to propagate and disseminate
the law on human rights in general and on LGBTI people’s rights in
particular which are should be more effective and practical. In the process
of developing laws related to LGBTI people’s rights, it is necessary to
focus on communication about policy so that people and society can
understand clearly and correctly about the new policies and regulations.
Some officials are directly related to the LGBTI people’s rights (law
enforcement officers, civil servants, police officers, commune officials,
judicial officers...) also need to be supplemented right knowledge about
LGBTI people. In addition, there should be a number of programs, which
propagate and disseminate legal knowledge, specifically for vulnerable
groups (including LGBTI people) to help them understand their rights,
understand obligations and opportunities to protect their rights.
(5) Social organizations, especially which are operating in the field of
promoting and protecting LGBTI people’s rights, should continuosly be
created more favorable conditions in theirs organization and operation by
the government. These organizations should accompany more with state
agencies in activities of legal aid, propaganda, dissemination of knowledge
and laws... because sometimes those organizations are closer and more
cohesive with LGBTI people than state agencies.
(6) The mass media and newspapers need to further promote the role of
raising awareness about LGBTI issues.
4.3. Sollutions to develop the law of LGBTI people’s rights in Vietnam
4.3.1. Completing legal provisions on common rights of LGBTI people
Firstly, completing legal provisions on equal rights, the right to freedom

from discrimination in political, civil, economic, cultural and social life
(1) Expanding the concept of gender equality: equality between sexual
orientation and gender identity;
(2) The promulgation of a separate law on anti-discrimination based on
sexual orientation and gender identity is not really necessary. Currently, it
is possible to integrate this issue into specialized laws and promote law
enforcement. In the distant future, it is possible to develop a common law
on anti-discrimination to identify general and basic principles for all areas
of social life.

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Secondly, completing legal provisions on the rights of marriage and
family
(1) Base on some reasons (legitimate needs of LGBTI people, the
notion of family has changed, negative impacts resulting from denying
same-sex cohabiting couples), it is necessary to accept the relationship of
same-sex cohabiting couples by a legal form. According to the author of the
thesis, it is necessary to recognize a legal form of same-sex cohabitation
(civil union). This form has been adopted by some countries over the world
as a transition step to conveniently considerate and further evaluates samesex relationships before the recognition of equal marriage for the same-sex
couples in the future. The registed cohabitation relationships also do not
affect the traditional marriage regime; do not cause great disturbances in
Vietnamese social life. The registed cohabitations (civil union) must be
interpreted to apply to same sex couples (two homosexuals, two bisexuals
or two transgenders who have surgeries and signed to live with a same-sex
partner after surgery…). Couples, who exercise registed cohabitation
rights, will have limited rights compared to full marriage rights ones (eg:
adoption rights...);

(2) Allowing registered lesbian couples to still have the birthright by
scientific methods because they cannot have children by themselves
(3) Consideration should be given to expanding the regulation of
surrogacy pregnancy in the direction: A heterosexual male or a gay can take
his sperm with an ovule (in the ovary banks or asking for an ovule through
a hospital by a donor) for an in vitro fertilization; then fertilized oocytes
will be transplanted into the uterus of a surrogacy woman. A heterosexual
female, a lesbian, who is an infertility woman, can take her ovule in
combination with donated sperm then get another pregnant woman;
(4) Follow the process, it is possible to consider adoption right of the
same-sex couple after acknowledging the equal rights on marriage for
everyone;
(5) Some other recommendations regarding to the property relations,
the representation rights and the guardianship rights of registed
cohabitation couples

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Thirdly, completing legal provisions on the rights of access law and
legal aid
(1) The effectiveness and the percentage of people who have access to
the law should also be one of the criterias for assessing the legal access
standards of people at levels
(2) It is necessary to promote the legal aid activities of social
organizations which should be friendly, easy to access, should diversify
forms and ways of providing legal aid services such as mobile assistance,
telephone lines, forums, collaborators' activities.
Besides, it is necessary to pay attention to the formulation of standards
in how to approach objects and issues of legal aid ... It is necessary to

combine the implementation of legal aid and the promotion of policy
formulation and laws amendment, as well as the dissemination and
propagation policies and laws to the community, especially those who are
capable of protecting themselves. Besides, it is necessary to pay attention to
the formulation of standards in approaching to objects and issues of legal
aid... It is necessary to combine the implementation of legal aid and the
promotion of policíe, laws formulation and amendment as well as policies,
laws dissemination and propagation to the community, especially for
people who are capable to protect themselves.
Fourthly, perfecting the legal administrative provisions on LGBTI
people’s rights
(1) Provisions on body examination according to administrative
procedures (Law on handling administrative violations in 2012, Law On
foreigners’ entry into, exit from, transit through and residence in Vietnam
2014 and relevant legal documents) need need to be revised and
supplemented to fully cover the LGBTI group. For example, in case of
performing body examination to whom had sex-change surgery from male
to female although his ID remains a male, the person who performs the
examination must be a female and vice versa.
(2) On the issue of whether a trangender from female to male with law
permission is an objector to perform military service. This is determined by
legislators because in the world, there is not every country has provisions
of their right/duty to perform military service after legal transgenders
process.

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(3) Law on handling administrative violations needs to be abolished
point a, Clause 2, Article 35 of Decree No. 176/2013/ND-CP dated on

November 14, 2013 of the Government stipulating penalties for
administrative violations in the health sector (amended and supplemented
by Decree No. 65/2015/ND-CP dated on August 7, 2015 of the
Government) that related a fine from 30,000,000 VND and 40,000,000
VND for transgender acts for complete sex people. Because The Civil Code
2015 recorded transgender issues of transgender people.
Fifthly, perfecting the legal criminal provisions on LGBTI people’s rights
(1) Need specific guidance on "other sex acts" in Criminal Code 2015
(amended and supplemented in 2017);
(2) According to the author of the thesis, in case of performing body
examination to whom had sex-change surgery in Criminal Procedure, the
government authorities need specific guidance such as: the performer and
witnesses need to be the same sex as their gender after transgender
surgeries;
(3) Law on Execution of Criminal judgments 2010 and other related
documents need to be supplemented provisions about separate cells for
homosexual and transgender people in necessary cases. Those provisions
will be also consistent with the provisions on custody and temporary
detention for homosexual and transgender people in the Law on
Enforcement of Custody and Temporary Detention 2015.
4.3.2. Completing legal regulations on specific rights of LGBTI
people First, completing legal provisions on transgender rights of
transgender
people
The National Assembly and the Government need to speed up the
process of drafting the Transgender law so that transgender rights are no
longer "suspended". The Transgender law needs to address some of the
following important issues:
(1) The scale of recognition of transgender people;
(2) Conditions of age of transgender people;

(3) Conditions of marital status of people who want to be transgenders;
(4) Some issues during the transgender process;
(5) Number of transgender times;
(6) Health care facilities for transgender interventions;

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(7) Recognition former transgender people;
(8) The cost of transgender medical intervention;
(9) Transgender marriage rights after transgender process;
(10) Impacts on other legal documents (civil status, citizenship, people's
identity card, passport ...).
In the future, technically, the name of Article 37 in the Civil Code 2015
needs to be revised to "Transgender Rights" to affirm clearly that are
transgender rights and ensure consistency in moral rights system.
Second, perfecting the legal regulations on the right to determine the
gender of intersex people
It is necessary to issue legal documents to replace Decree
No.88/2008/ND-CP and Circular No.29/2010/TT-BYT which are regarding
gender determination issues. In particular, attention should be paid to the
following issues:
(1) Using the term "gender determination" instead of "redefining
gender" to ensure a proper understanding the nature of intersex people;
(2) Do not use the term "bisexual" because it is easy to mislead the
characteristics of intersex people;
(3) Full recognition of the status and signs of intersex people
(mentioned in chapter 2);
(4) Considering not allow gender determination surgeries for under 16
or under 18 year old people. Thus, the proposal to have gender

determination must really come from intersex people. If they do not see any
difficulties or any discomfort with their body, no one can force them to
have sex determination surgeries. Let they decide on his or her own gender
and body. In fact, many cases of intersex people who have been sent to
surgeries for gender determination by their parents, but after growing up,
they are not satisfied with the determined gender, so they have to have
surgeries again. The author's proposal is also quite similar to the
recommendations of many international intersex organizations.
Accordingly, the surgery for intersex people should only be done when they
have grown up and they have been provided all relevant information to
make a decision for themselves.
The authorities should issue decisions to recognize/appoint medical and
treatment facilities which have enough standards for medical intervention

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to determine gender. In addition, on sex determination, surgery should be taken
into which are able to perform reproductive function; if not, choose the gender
that will be easy to reproduce the genitals most similar to or close to natural.
This issue should be paid attention to during the counseling process for intersex
people who want to have gender determination.

4.4. Solutions to promote law enforcement of LGBTI people’s rights
in Vietnam
Firstly, in the process of developing and enforcing laws, State agencies
and officials need to have full access methods to rights based approach.
The development and enforcement of laws should be based on the
following basic principles: (1) Considering the supports for implementation
and enjoyment of human rights are fundamental goals in the construction and

enforcement of laws; (2) Taking international principles and standards of
human rights as a guide in the construction and enforcement of laws; (3)
Clarifying the subjects of the rights, the subjects has the obligations and the
rights, the obligations of the subjects who have rights and responsibilities in the
process of construction and enforcement of laws. If the staffs, who are
building, appraising, reviewing legal documents, have comprehensive access to
rights based approach, it will be better to ensure the requirements of human
rights protection in general and LGBTI people’s rights in particular.
Secondly, there should be solutions to further strengthen the
participation of people in the legislative process, further develop and
improve the responsibilities of authorities that are in charge of drafting in
the reception and explanation of people and organization comments
(1) Expanding opportunities to access to information for people;
(2) Proposing the contents of comments to be clarified and explained
clearly about the purpose, viewpoint, content aspects, impacts of policies
and draft laws;
(3) Prescribing the accountabilities of the authorities that are in charge
of drafting about opinions of the people; creating a mechanism for
listening, receiving and responding to ideas regularly and responsibly;
(4) There must be a mechanism to supervise activities in collecting
opinions and explaining opinions of the drafting agencies.

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Thirdly, perfecting the legal basis for the operation of social
organizations and studying to improve institutions on protection LGBTI
people’s rights
(1) It is necessary to continue studying and developing the Law on
Association to create a unified legal basis for the operation of social

organizations (including organizations promoting and protecting the rights
of LGBTI people). There needs to be a fuller view towards social
organization in particular and people in general must really be the focus of
social development, the development partner of the State;
(2) With the institution of the Court, it is necessary to continue
implementing a number of solutions to promote the role of protecting
human rights in general and LGBTI rights people in particular;
(3) Continue to research and develop national human rights institutions.
Fourthly, it is necessary to continue researching and replicating models
of community support to protect LGBTI people’s rights. Those models can
contribute to protect LGBTI people’s rights in cases of domestic violence
(especially for LGBTI children and women).

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CONCLUSION
As one of the first, direct and complete studies which is considering the
perceptions, realities and laws on the rights of homosexual, bisexual,
transgender and intersex people is the object of research, the thesis has
contributed and enriched the knowledge on this topic as well as raised some
conclusions as follows:
1. Homosexual, bisexual, transgender, and intersex are the sexual
orientations, gender identities and natural physical characteristics of
humans (accounting for a small number) in addition to heterosexual
orientations (common). Homosexual, bisexual, transgender or intersex are
not pathology and cannot infect from one person to another. Homosexuals,
bisexuals, transgender and intersex people are weak subjects in society, so
they are facing more challenges than heterosexuals.
2. The modern world has recognized new concepts about gender, gender

equality, marriage and family. Accordingly, the concept of gender, gender
equality are not only limited in the relationships between men and women
but also extended in equal relationships between sexual orientations and
gender identity (for example, between gay men and heterosexual men).
Marriage and family are now not merely a combination of heterosexual
couples but may be families of same-sex people. Reproductive function is
the main function of marriage but cannot be a function that determines a
marriage form and family relationship. New types of families have been
recognized by the United Nations that encouraged countries to protect.
3. Homosexual, bisexual, transgender and intersex issues show sexual
diversity, gender identity diversity in modern social life. When society
develops to a new level of awareness, the distinction between homosexual,
bisexual, transgender or intersex is no longer important. For example, that
time, everyone has rights to have equal marriage, adoption, division of
property... equally; it is also not necessary to distinguish between
homosexual and bisexual people because people have rights to live in their
own sexual orientation ... Moreover, diversity is always the foundation of
creativity because people have different beliefs, different educational
backgrounds, different life experiences, different strengths that will
complete each others in the development process.

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4. The requirements of protecting the equal rights of homosexual,
bisexual, transgender and intersex people is a reality in Vietnam recently.
However, recognizing new rights trends, new perspectives on their rights
still faces many barriers. Although the society appears more and more
requirements to ensure the rights of homosexual, bisexual, transgender and
intersex people, it does not mean that all rights must be immediately

recognized that can lead to "shocks" for society, especially in traditional
society as Vietnam. In general, there should be a longer-term process for
reviewing and recognizing the rights of homosexual, bisexual, transgender
and intersex people in Vietnam.
5. It can be seen that, along with the development of society, Vietnam
has innovated in legislative thinking about the rights of homosexual,
bisexual, transgender and intersex people (futher more is the problem of
sexual orientation, gender identity). This is really Vietnam's efforts in
protecting human rights. The study is shown that basically, Vietnamese law
has recognized most of the rights of homosexual, bisexual, transgender and
intersex people.
However, there is a certain distance between awareness of human rights
and institutionalized human rights in law. It is also a relatively common
phenomenon in the world. Therefore, some of those rights have not been
recognized or completed because Vietnam is in the process of developing
and improving related policies and laws (the marriage right of the same sex
couples; adoption rights of same sex couples; rights related to pregnancy of
same sex, bisexual, transgender, and intersex couples; issues related to
domestic violence prevention). This feature of Vietnam is also quite similar
to other countries in the world. The thesis also affirms that first of all, it is
necessary to ensure urgent issues for homosexual, bisexual, transgender
and intersex people such as: anti-stigma, discrimination and domestic
violence; solving number of difficulties of transgender people; legal aid;
accessing to law... About issues related to the cohabitaion of same sex
couples, children ... need a certain process.
Law enforcement on the rights of homosexual, bisexual, transgender
and intersex people plays an important role in ensuring the realization of
this group's legal rights. Therefore, there should be specific, suitable
solutions for each subject. In particular, the author emphasizes the


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