LGBT Rights in Ha Giang Province

Ha Giang is governed by federal Vietnam law. Learn more
    Homosexuality
    ✔ Legal
    Gay Marriage
    ✖ Unrecognized
    Censorship
    ✔ No censorship
    Changing Gender
    ✖ Legal, but requires surgery
    Gender-Affirming Care
    ✔ Legal
    Non-Binary Gender Recognition
    ✖ Not legally recognized
    Discrimination
    ✖ Illegal in some contexts
    Employment Discrimination
    ✖ No protections
    Housing Discrimination
    ✖ Gender identity only
    Adoption
    ✖ Single only
    Intersex Infant Surgery
    ✖ Not banned
    Military
    ✔ Legal
    Donating Blood
    ✔ Legal
    Conversion Therapy
    ✔ Banned
    Age of Consent
    ✔ Equal
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Public Opinion

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History

Homosexual activity in Ha Giang

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Homosexual activity in Ha Giang is legal.

Current status
Legal
It is believed that homosexual acts have never been illegal in Vietnam and those punished for it have been due to falling foul of other laws, such as those of adultery, with no regard to the sexuality of the offenders.
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Same-sex marriage in Ha Giang

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Same-sex marriage in Ha Giang is unrecognized.

Current status
Since Nov 12, 2013
Unrecognized
Proposition 110 still states that same sex union is not legal. However, it removed all penalty involved with marriage ceremony or attempts to register, effectively de-criminalizing the act.
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Nov 12, 2013–Sep 10, 2018
Unrecognized
Vietnamese government said that they are trying to get a bill passed. Gay marriage pending and Gay Union pending.
Jun 9, 2000–Nov 11, 2013
Banned
The marriage law explicitly prohibits marriage between same-sex couples
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Censorship of LGBT issues in Ha Giang

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Censorship of LGBT issues in Ha Giang is no censorship.

Current status
No censorship
In Vietnam, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
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Right to change legal gender in Ha Giang

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Right to change legal gender in Ha Giang is legal, but requires surgery.

Current status
Since Jan 1, 2017
Legal, but requires surgery
On November 24, 2015, the Vietnamese National Assembly voted overwhelmingly (282 from the 366 members of the National Assembly) in favour of legalizing the right to change an individual's legal gender. This law went into effect in 2017.
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Aug 5, 2008–Nov 23, 2015
Illegal
Legally, one can only change the gender when he/she is very young and has condition that "confuses" the actual gender of the child. Once the sexual organ is "fully developed", a citizen can't change his/her gender.
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Gender-affirming care in Ha Giang

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Gender-affirming care in Ha Giang is legal.

Current status
Since Aug 5, 2008
Legal
Gender Redetermination Decree No. 88/2008/ND-CP specifies the rules of care for transgender people, including:

3. Gender reassignment treatment:

a) At the request of the person re-establishing gender, the research and treatment facility will select the gender that will have appropriate treatment methods, maintaining the principle that in the case of a given gender, the person being determined will be the gender that best integrates life mentally, physiologically and socially;

b) The research and treatment facility determines the age of the person applying for gender reassignment surgery, making sure that it is the earliest age;

c) Medical and therapeutic research centers recommend surgical treatment and postoperative hormonal treatment.
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Legal recognition of non-binary gender in Ha Giang

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Legal recognition of non-binary gender in Ha Giang is not legally recognized.

Current status
Not legally recognized
Vietnam does not legally recognize non-binary gender. In Vietnam, individuals are legally classified as either male or female.
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LGBT discrimination in Ha Giang

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LGBT discrimination in Ha Giang is illegal in some contexts.

Current status
Since Jan 1, 1992
Illegal in some contexts
Illegal (housing discrimination) for transgender people
Sources:
Australia Country Advice - refworld.org/pdfid/50f7fa112.pdf
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LGBT employment discrimination in Ha Giang

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LGBT employment discrimination in Ha Giang is no protections.

Current status
Since Jan 1, 1992
No protections
Discrimination protections pending.
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LGBT housing discrimination in Ha Giang

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LGBT housing discrimination in Ha Giang is gender identity only.

Current status
Since Jan 1, 1992
Gender identity only
For transgender people only
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Same-sex adoption in Ha Giang

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Same-sex adoption in Ha Giang is single only.

Current status
Since Jun 9, 2000
Single only
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Jan 1, 1992–Sep 9, 2018
Single only
Legalization pending.
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Intersex infant surgery in Ha Giang

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Intersex infant surgery in Ha Giang is not banned.

Current status
Not banned
Not banned in Vietnam.
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Serving openly in military in Ha Giang

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Serving openly in military in Ha Giang is legal.

Current status
Since Jan 1, 1992
Legal
Technically, homosexuals can serve openly in the military. There are no laws protecting them against discriminations though.
Sources:
Vietnam People's Army - Thayer american.edu/sis/aseanstudi…
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Blood donations by MSMs in Ha Giang

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Blood donations by MSMs in Ha Giang is legal.

Current status
Legal
There are no laws regarding donating blood in Vietnam.
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Conversion therapy in Ha Giang

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Conversion therapy in Ha Giang is banned.

Current status
Since Aug 3, 2022
Banned
On August 3, 2022, Vietnamese Health Ministry published a document saying that homosexuality is not disease and that conversion therapy to change a person's sexual orientation or gender identity was illegal.

It is currently not clear what the consequences of partaking in the practice will be, if any.
Until Aug 3, 2022
Not banned
Not banned
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Equal age of consent in Ha Giang

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Equal age of consent in Ha Giang is equal.

Current status
Since Dec 21, 1999
Equal
The age of consent is 16 years old. However, this is due to the LGBT population not being officially mentioned or recognized in the law
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