Summary: 1. Introduction. – 2. Methodology. – 3. The Right to Gender Reassignment under International Human Rights Law and Trends of Countries. – 4. Views and Public Opinions on Recognising Transgender Rights in Vietnam. – 4.1. Is Transgenderism a Personal Right?. – 4.2. What are the Conditions for Being Recognised as a Transgender Person?. – 4.3. How Many Times Can an Individual Change his/her Gender?. – 5. Vietnam’s Efforts in Building a Legal Basis to Ensure Transgender Rights. – 5.1. Changes in Perception and Ideas Toward Codifying Transgender Rights. – 5.2. Vietnam's Efforts in Recognising Transgender Rights and Implementing International Commitments. – 6. Discussion on the Challenges to the Recognition of Transgender Rights and the Implementation of the Laws on Transgender in Vietnam. – 6.1. The Impact of Confucian Ideology on Transgender Rights. – 6.2. Social Barriers and Challenges: Stigma and Discrimination Against Transgender People. – 6.3. Barriers and Challenges in Performing and Enforcing Laws Related to Transgender People. – 6.4. Barriers and Challenges Related to Beliefs and Religions. – 7. Conclusion.
Background: On 24 November 2015, during its 13th term, the National Assembly adopted the 2015 Civil Code, which introduced fundamental amendments concerning individual personal rights. Among the provisions that drew significant domestic and international attention was Article 37, which legalised gender transition procedures. This development marked a breakthrough in the recognition and protection of personal rights, particularly human rights, and positioned Vietnam as the 62nd country worldwide and the 11th in Asia to permit individuals to change their gender. Nonetheless, as gender transition remains a relatively new legal regulation, placed in the context of Vietnam, the recognition and implementation of this right for individuals still face numerous obstacles and challenges.
Methods: The article employs a combination of different legal research methods, including analysis, historical inquiry, synthesis, evaluation, and comparative study. In addition, through the analytical–comparative method, the article situates the discussion within the framework of international standards, thereby providing an objective assessment of the compatibility of Vietnam’s legislation with international norms. On this basis, the article lays the groundwork for proposals to enhance the domestic legal framework and outline a roadmap towards the full recognition of this right in the near future.