Chapter 3
PROCESS OF MEDICAL INTERVENTION FOR SEX REASSIGNMENT
Article 7. Medical dossiers and procedures of request for sex reassignment
1. A dossier of request for sex reassignment comprises:
a/ An application for sex reassignment, made according to 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 and 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 card, household status registration book or passport.
2. Procedures for requesting sex reassignment:
a/ The person requesting sex reassignment shall send a dossier of request for sex reassignment to the medical examination and treatment establishment licensed to conduct medical interventions for sex reassignment;
b/ After receiving the dossier, the medical examination and treatment establishment shall consider and reply to 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.
Article 8. Conditions on medical examination and treatment establishments licensed to conduct medical interventions for sex reassignment
A medical examination and treatment establishment may perform medical interventions for sex reassignment when meeting the following conditions:
1. Having adequate physical foundations and medical equipment and personnel according to regulations of the Minister of Health;
2. Having been appraised and permitted in writing by the Ministry of Health, for medical examination and treatment establishments attached to the Ministry of Health, or by the Health Service of a province or centrally run city, for medical examination and treatment establishments attached to provincial-level Health Services and those run by other branches and private owners in the localities.
Article 9. Clinical and subclinical examination and therapy for sex reassignment
1. On the basis of dossiers of request for sex reassignment, medical examination and treatment establishments shall organize clinical or subclinical examination for sex reassignment:
a/ Clinical examination:
- External appearance;
- External and internal genital organs;
- Psychosexual tests.
b/ Subclinical examination:
On a case-by-case basis, specialists may prescribe the following subclinical examination methods:
- Ultrasound, endoscope, radiography, tomography and magnetic resonance imaging:
- Hormone test;
- Sex chromosome test;
- Biopsy to determine whether the gonads are testicular or ovarian.
2. After clinical and subclinical examination results are available, medical examination and treatment establishments shall hold consultations with the participation of specialists for making appropriate prescriptions for the sex reassignment therapy.
3. Sex reassignment therapy:
a/ On the basis of a persons request for sex reassignment, the medical examination and treatment establishment shall select a sex for appropriate therapy methods to ensure that in that sex. the sex-reassigned person may best integrate with the society psychologically, physiologically and socially;
b/ The medical examination and treatment establishment shall decide on the age for performing surgery of the person requesting sex assignment, ensuring the earliest age:
c/ The medical examination and treatment establishment shall prescribe surgery and post-surgery hormone treatment.
Article 10. Medical certification after medical intervention for sex reassignment
1. Medical examination and treatment establishments which have conducted medical interventions for sex reassignment shall issue medical certificates after reassigning the sex for persons who have received medical interventions.
2. The Minister of Health shall issue the form of medical certificate for sex- reassigned persons.
Tìm kiếm
Nghị định 88/2008/NĐ-CP (Bản Word)
Nghị định 88/2008/NĐ-CP (Bản Pdf)
