LGBT rights in Vietnam

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LGBT rights in Vietnam Vietnam
Vietnam
Same-sex sexual activity legal? No laws against homosexuality in recorded Vietnamese history
Gender identity/expression Sex-change recognized for sex assignment for persons of congenital sex defects and unidentifiable sex[1]
Military service Unknown
Discrimination protections No
Family rights
Recognition of
relationships		 No
Adoption No

Lesbian, gay, bisexual, transgender (LGBT) persons in Vietnam may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is legal and is believed to never have been criminalized in Vietnamese history.[2] However, same-sex couples and households headed by same-sex couples are ineligible for the legal protections available to opposite-sex couples. Although homosexuality is generally considered a taboo because of the Vietnamese tradition, awareness surrounding LGBT rights has risen during the 21st century. Vietnam's first gay pride parade peacefully took place in Hanoi on August 5, 2012.[3]

Law regarding same-sex sexual activity

Same-sex sexual acts are not crimes. In fact, many historians believe that homosexuality was never addressed in the nation's criminal code.[4]

Recognition of same-sex unions

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Main article: Same-sex marriage in Vietnam

In July 2012, the country's minister of justice announced that the government has started a consultation on whether to legalize same-sex marriage.[5]

In June 2013, the Ministry of Justice submitted the bill that removes the ban on same-sex marriage from the Marriage and Family Law and provides some rights for cohabiting same-sex couples.[6] The National Assembly debated it in October 2013.[7]

On 24 September 2013, the Government issued the decree abolishing the fines on same-sex marriages.[8][9] The decree took effect on 11 November 2013.[10][11][12]

On 27 May 2014, the National Assembly's Committee for Social Affairs removed the provision giving legal status and some rights to cohabiting same-sex couples from the government's bill to amend the Law on Marriage and Family.[13][14] The bill was approved by the National Assembly on 19 June 2014.[15][16] A March 2014 poll indicate that 53% of Vietnamese were against same-sex marriage.[17]

In November 2013, the parliament repealed the constitutional provision defining marriage as a union between a man and a woman.[18][19]

On 1 January 2015, the 2014 Law on Marriage and Family officially went into effect. It states that while Vietnam allows gay weddings, it will not offer legal recognition or protection to unions between people of the same sex.[20] Despite the limitation, the Vietnamse LGBT community are optimistic that this latest legislation is an important stepping stone. Jamie Gillen, a National University of Singapore sociology researcher also states that Vietnam's relaxation of stance contrasts with Vietnam's neighbors such as Singapore. Vietnam's neighbors forbid same-sex marriages.[21] It is estimated that such relaxed policies will attract tourism revenue into Vietnam as Vietnam attempts to promote themselves as a tolerant and friendly society.

Gender identity

On November 24, 2015 Vietnam passed a landmark law by a vote of 282-84, enshrining rights for transgender people in a move advocacy groups say paves the way for gender reassignment surgery in the authoritarian communist nation. Such operations are currently illegal, forcing people to travel to nearby Thailand for the surgery. The legislation will allow those who have undergone gender reassignment to register under their preferred sex. The law will come into effect early in 2017.[22]

Living conditions and public opinion

In 2000, crime journalist Bui Anh Tan's novel A World Without Women (Một Thế Giới Không Có Đàn Bà) was the first fictional Vietnamese book to deal extensively with gay people. In 2007, the story was turned into a television series.[23]

In 2001, a survey found that 82 percent of Vietnamese believe homosexuality is never acceptable.[24]

In 2002, the government-run media declared homosexuality to be a "social evil" comparable to prostitution, gambling, and illegal drug use and promised that legislation would be forthcoming to allow the government to combat homosexuality and arrest gay couples.[25] Publications such as The Gioi Phu Nu and Tiep Thi Va Gia Dinh have spoken of homosexuality as a disease and "deviant behavior that is incompatible with the good morals and time-honored customs of Vietnam."[26]

The same year that the government-run press called homosexuality a "social evil", the Communist Youth Newspaper carried a story about homosexuality that stated "some people are born gay, just as some people are born left-handed".[27]

In 2007, HCMC University of Pedagogy conducted a poll of 300 pupils at three junior high and high schools and discovered that 80 percent of pupils answered "no" when asked, "Is homosexuality bad?"[28]

Controversial film director Le Hoang also took a more liberal tone when he stated that while homosexuality is a mental illness, "Qualities such as morality, talent, and dignity do not depend on sexuality."[26]

In 2009, Pham Le Quynh Tram became the first transgender woman to be legally recognized by Vietnamese authorities as a woman.[29][30] As such, she was allowed to redefine her sex from male to female and to legally change her name to Pham Le Quynh Tram from Pham Van Hiep.[29][30] However, according to a report in the Huffington Post, her official recognition was apparently withdrawn in late January 2013 (Huffington Post)..

In September 2010, Tuoi Tre Online, the internet edition of Tuoi Tre newspaper, published a letter from an 18-year-old reader describing his hard time dealing with family after they found out he was gay. The letter received hundreds of supportive responses from other readers that led the website to conclude it with an interview with Dr. Huynh Van Son, Dean of Psychology, HCMC University of Pedagogy. For the first time, a major state media agreed that "homosexuality is normal".[31] On 29 November, the first foreign gay wedding was held in Hanoi between a Japanese and an Irish national. The wedding raised much attention in the gay and lesbian community in Vietnam.[32]

On 5 August 2012, Vietnam's first gay pride parade took place in Hanoi, with participants expressing support for equal marriage rights for LGBT individuals.[33]

In 2013, Vietnamese filmer Dang Khoa, produced a sitcom entitled My Best Gay Friends. The series is published on YouTube as Vietnamese broadcasters were reluctant to air the episodes. Khoa wanted to create the show to debunk the caricature stereotypes of homosexuality.[34]

HIV and AIDS

In 2006, the government enacted legislation to protect citizens infected with HIV and persons living with AIDS from discrimination, and health care is provided free to all Vietnamese citizens.[35]

Summary table

Same-sex sexual activity legal Yes (Always legal)
Equal age of consent Yes (Always equal)
Anti-discrimination laws in employment only No
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) No
Same-sex marriages No
Recognition of same-sex couples No
Step-child adoption by same-sex couples No
Joint adoption by same-sex couples No
Gays and lesbians allowed to serve openly in the military Emblem-question.svg
Right to change legal gender Yes (From early 2017)[36]
Access to IVF for lesbians Emblem-question.svg
Commercial surrogacy for gay male couples Emblem-question.svg
MSMs allowed to donate blood Yes (Not prohibited, but discouraged)[37]

See also

References

  1. ↑ VIETNAM
  2. ↑ http://www.utopia-asia.com/vietlaw.htm
  3. ↑ http://www.rawstory.com/rs/2012/08/05/vietnams-first-gay-pride-parade-helps-unite-the-lgbt-community/
  4. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  5. ↑ "Vietnam government consults on same-sex marriage", Gay Star News, 20 June 2012
  6. ↑ (Vietnamese) Lua error in package.lua at line 80: module 'strict' not found.
  7. ↑ Gay rights in South-East Asia: Fifty shades of pink
  8. ↑ Nghị quyết sửa đổi, bổ sung Hiến pháp năm 1992 (in Vietnamese)
  9. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  10. ↑ Vietnam to remove fines on same-sex marriage
  11. ↑ NGHỊ ĐỊNH - QUY ĐỊNH XỬ PHẠT VI PHẠM HÀNH CHÍNH TRONG LĨNH VỰC BỔ TRỢ TƯ PHÁP, HÀNH CHÍNH TƯ PHÁP, HÔN NHÂN VÀ GIA ĐÌNH, THI HÀNH ÁN DÂN SỰ, PHÁ SẢN DOANH NGHIỆP, HỢP TÁC XÃ (in Vietnamese)
  12. ↑ Một số điểm mới về xử phạt vi phạm hành chính tại Nghị định số 110/2013/NĐ-CP (in Vietnamese)
  13. ↑ Vietnamese lawmakers back down on giving rights to same-sex couples
  14. ↑ Vietnam’s Proposed Marriage Law Disappoints LGBT Activists
  15. ↑ Vietnam allows surrogacy within families, denies same-sex marriage
  16. ↑ Vietnam removes ban on same sex marriage
  17. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  18. ↑ (Vietnamese) Nghị quyết sửa đổi, bổ sung Hiến pháp năm 1992
  19. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  20. ↑ Vietnam Set To Lift Gay Marriage Ban
  21. ↑ Marr, Richard.'Vietnam Removes Same-Sex Marriage Ban'.January 8, 2015, Metro Weekly. https://www.metroweekly.com/2015/01/vietnam-removes-same-sex-marriage-ban/, retrieved January 10, 2015
  22. ↑ [1]
  23. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  24. ↑ [2] Archived June 18, 2006 at the Wayback Machine
  25. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  26. ↑ 26.0 26.1 Lua error in package.lua at line 80: module 'strict' not found.
  27. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  28. ↑ "Vietnamese high school pupils accepting of homosexuality", PinkNews, reported by Joe Roberts, 26 October 2007
  29. ↑ 29.0 29.1 "First Transgender Woman Legally Recognized in Vietnam", Advocate.com, 9 September 2012
  30. ↑ 30.0 30.1 "The first trans-gender legally recognized in Vietnam", VietNamNet, 3 September 2012
  31. ↑ (Vietnamese) "Hãy nhìn nhận đồng tính là bình thường", 23 September 2010
  32. ↑ (Vietnamese) "Lễ kết hôn đồng giới tại Hà Nội", Viet Bao.vn
  33. ↑ "Vietnam's first gay pride parade helps unite the LGBT community", reported by Agence France-Presse, published on the website of The Raw Story, 5 August 2012
  34. ↑ http://www.abc.net.au/news/2013-09-12/an-homosexual-sitcom-proves-online-hit2c-but-too-sensitive-for/4954728
  35. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  36. ↑ [3]
  37. ↑ ‘Đồng tính nam không được phép hiến máu nhân đạo!’

External links

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