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 Unknown
Family rights
Recognition of
relationships
No
Adoption Unknown

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 has 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 have 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[edit]

Same-sex sexual acts are not a crime if they involve noncommercial acts between consenting adults in private. In fact, many historians believe that homosexuality was never addressed in the nation's criminal code.[4]

Recognition of same-sex unions[edit]

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In November 2013, the parliament repealed the constitutional provision defining marriage as a union between a man and a woman.[18][19]

Living conditions and public opinion[edit]

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.[20]

In 2001, a survey found that 82 percent of Vietnamese believe homosexuality is never acceptable.[21]

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.[22] 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."[23]

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".[24]

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?"[25]

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."[23]

In 2009, Pham Le Quynh Tram became the first transgender woman to be legally recognized by Vietnamese authorities as a woman.[26][27] 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.[26][27] 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".[28] 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.[29]

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.[30]

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.[31]

HIV and AIDS[edit]

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.[32]

Summary table[edit]

Same-sex sexual activity legal Yes
Equal age of consent Yes
Anti-discrimination laws in employment only Emblem-question.svg
Anti-discrimination laws in the provision of goods and services Emblem-question.svg
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) Emblem-question.svg
Same-sex marriages No
Recognition of same-sex couples No
Step-child adoption by same-sex couples Emblem-question.svg
Joint adoption by same-sex couples Emblem-question.svg
Gays and lesbians allowed to serve openly in the military Emblem-question.svg
Right to change legal gender Yes
Access to IVF for lesbians Emblem-question.svg
Commercial surrogacy for gay male couples Emblem-question.svg

See also[edit]

References[edit]

  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. ^ "The Legality of Homosexuality in Vietnam". Utopia-asia.com. 21 February 2009. Retrieved 2009-05-01. 
  5. ^ "Vietnam government consults on same-sex marriage", Gay Star News, 20 June 2012
  6. ^ (Vietnamese) P.Thảo (2013-06-26). "Sẽ không cấm kết hôn giữa người đồng giới?". Dân Trí. Retrieved 2013-06-28. 
  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. ^ DPA (2013-11-28). "Vietnam amends Constitution". Thehindu.com. Retrieved 2014-01-05. 
  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. ^ "53% protest gay marriage legalization in Vietnam: study". http://tuoitrenews.vn. 27 March 2014. 
  18. ^ (Vietnamese) Nghị quyết sửa đổi, bổ sung Hiến pháp năm 1992
  19. ^ DPA (2013-11-28). "Vietnam amends Constitution". Thehindu.com. Retrieved 2014-01-05. 
  20. ^ "/ARTS WEEKLY/VIETNAM: Closet Gays Slowly Coming Out". Ipsnews.net. 20 July 2004. Retrieved 2009-05-01. 
  21. ^ [1][dead link]
  22. ^ "Vietnam Media Call Homosexuality "Social Evil," Vow Crackdown". The Body. 19 April 2002. Retrieved 2009-05-01. 
  23. ^ a b "AEGiS-AFP News: Lifestyle-Vietnam-gays: Vietnam's gays begin to gain recognition - August 3, 2003". Aegis.com. 2003-08-03. Retrieved 2009-05-01. 
  24. ^ Active Travel Vietnam. "Advice for Gay and Lesbian Travellers Travelling Vietnam, Vietnam Travel Tips". Activetravelvietnam.com. Retrieved 2009-05-01. 
  25. ^ "Vietnamese high school pupils accepting of homosexuality", PinkNews, reported by Joe Roberts, 26 October 2007
  26. ^ a b "First Transgender Woman Legally Recognized in Vietnam", Advocate.com, 9 September 2012
  27. ^ a b "The first trans-gender legally recognized in Vietnam", VietNamNet, 3 September 2012
  28. ^ (Vietnamese) "Hãy nhìn nhận đồng tính là bình thường", 23 September 2010
  29. ^ (Vietnamese) "Lễ kết hôn đồng giới tại Hà Nội", Viet Bao.vn
  30. ^ "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
  31. ^ http://www.abc.net.au/news/2013-09-12/an-homosexual-sitcom-proves-online-hit2c-but-too-sensitive-for/4954728
  32. ^ Knox, Richard (2007-02-05). "Vietnam Expands Protection for People with HIV". NPR. Retrieved 2009-05-01. 

External links[edit]