Transgender Rights under International Human Rights Law and the Incorporation Process in Vietnam: Barriers, Challenges and Paths Forward

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. Results and Conclusions: The objective of this article is to clarify the legal and practical issues, as well as the perspectives and challenges that Vietnam is currently facing in the process of recognising and implementing individuals’ right to gender transition. Based on this analysis, the article proposes several solutions for Vietnam in the near future. To achieve this objective, the article is structured around main parts: (i) the right to gender reassignment under international law and global trends; (ii) views and public opinions on recognizing transgender rights in Vietnam; (iii) Vietnam's efforts in establishing a legal framework to ensure transgender rights; and (iv) the challenges in recognizing transgender rights and implementing relevant laws in Vietnam.