Ministry of Public Security talks about information on identity cards for transgender people

According to information from the Ministry of Public Security , according to the provisions of the Law on Citizen Identification and Point c, Clause 1, Article 24 of the Law on Identification (which will take effect from July 1), citizens are allowed to apply for a new ID card when re-identifying their gender or changing their gender according to the provisions of law.

In case of reissuing citizen identification due to gender reassignment, gender change or change of information that has not been updated or adjusted in the national population database, people need to go to the ward/commune police.

From July 1, the Law on Identification with many new contents will officially take effect.

At that time, citizens must present legally valid papers and documents proving the changed information to carry out the procedure of updating and adjusting information into the national population database.

After citizens have had their information adjusted, they continue to go to the police agency that manages identification to re-issue their identification card according to regulations.

Regarding the procedure, the Ministry of Public Security cited the provisions of the 2015 Civil Code, stating that Clause 1, Article 36 stipulates that individuals have the right to re-determine their gender. Re-determining a person's gender is carried out in cases where the person's gender is congenitally defective or not yet accurately formed and requires medical intervention to clearly determine the gender.

In Article 37 of the supplementary Civil Code, gender reassignment is carried out in accordance with the provisions of law. Individuals who have undergone gender reassignment have the right and obligation to register changes in their civil status in accordance with the provisions of the law on civil status; and have personal rights consistent with their transformed gender in accordance with the provisions of this Code and other relevant laws.

Thus, the Civil Code is currently regulating that gender reassignment is carried out in accordance with the provisions of the law. Through review, the competent authorities have not yet issued any legal document with legal effect that specifically regulates the order, procedures, authority... related to gender reassignment.

Therefore, the Ministry of Public Security finds that there is no legal basis to define the concept of "transgender person". In addition, Clause 1, Article 4, Consolidated Document No. 01/VBHN-BYT dated January 30, 2019 on gender reassignment stipulates prohibited acts: Carrying out gender reassignment for people whose gender has been completed.

Pursuant to Point b, Clause 2, Resolution No. 88/2023/QH15 dated June 2, 2023 of the National Assembly on the law and ordinance making program in 2024, adjusting the law and ordinance making program in 2023: Submit to the National Assembly for comments on the Law on Gender Transition.

Therefore, in case the Law on Gender Reassignment is passed and takes effect, based on the regulations, the Ministry of Public Security will have specific instructions on updating population information for gender reassignment cases.

Source: https://www.baogiaothong.vn/bo-cong-an-noi-ve-thong-tin-tren-the-can-cuoc-cho-nguoi-chuyen-gioi-192240601225914395.htm