Circular No. 29/2010/TT-BYT guides the implementation of certain Articles of Government Decree No. 88/2008/NĐ-CP dated August 5, 2008 on determining gender.

Article 1. Conditions for medical examination and treatment facilities permitted to perform medical interventions for gender reassignment

1. Physical conditions:

a) Must be a state central general hospital, specialized hospital for internal medicine, obstetrics, pediatrics, or a private hospital with equivalent conditions;

b) Must have a genetic cell and molecular genetics laboratory. In cases where the medical examination and treatment facility does not have such a laboratory, it must have a support testing agreement with an organization having a legitimate genetic cell and molecular genetics laboratory;

c) The room (cabin) for gender reassignment examination must be arranged separately and discreetly.

2. Medical equipment conditions: Must have surgical instruments suitable for reconstructive surgery and aesthetic surgery.

3. Personnel conditions:

a) Must have at least one endocrinologist and one surgeon. These staff members must hold postgraduate degrees or have at least five years of experience in diagnosing and treating congenital sexual disorders or undetermined sexual characteristics;

b) In cases where the medical examination and treatment facility does not have an endocrinologist, it may enter into a contract with a doctor meeting the conditions specified in point a of this Clause.

Article 2. Procedures for assessing and granting permission for medical examination and treatment facilities to perform medical interventions for gender reassignment

1. Application dossier for assessment:

a) A document requesting review;

b) A description of the material and technical conditions and human resources ensuring the conditions for performing medical interventions for gender reassignment. For facilities without a genetic cell and molecular genetics laboratory, they must have a professional support agreement with a facility having such a laboratory;

c) A certified copy of the academic credentials and certificates of the staff directly performing medical interventions for gender reassignment as stipulated in Clause 3, Article 1 of this Circular. In cases where staff do not hold postgraduate degrees, they must have a certificate from the Director of the medical examination and treatment facility confirming at least five years of experience in the field of diagnosing and treating congenital sexual disorders or undetermined sexual characteristics. The Director of the medical examination and treatment facility shall bear legal responsibility for their confirmation;

2. Assessment procedures and recognition of facilities meeting the conditions for performing medical interventions for gender reassignment:

a) Application dossiers for assessment from medical examination and treatment facilities under the Ministry of Health shall be sent to the Ministry of Health (Department of Maternal and Child Health). Application dossiers for assessment from medical examination and treatment facilities under the Department of Health, medical examination and treatment facilities of health sectors, and private hospitals shall be sent to the Department of Health where the headquarters is located;

b) Within sixty days from the date of receiving complete valid dossiers, the Ministry of Health or the Department of Health shall establish an assessment team with the following composition:

- The assessment team of the Ministry of Health includes:

+ Representative of the leadership of the Department of Maternal and Child Health;

+ Representative of the General Department of Medical Examination and Treatment;

+ Representative of the Legal Affairs Department;

+ Representative of Vietnam-German Hospital, National Children's Hospital, or National Obstetrics and Gynecology Hospital (for northern provinces); Hoan Kiem Hospital, Cho Ray Hospital, or Tu Du Hospital (for southern provinces), who has expertise related to gender reassignment.

- The assessment team of the Department of Health includes:

+ Representative of the leadership of the Department of Health;

+ Representative of the Health Service Department;

+ In cases where the Department of Health does not have a specialist in gender reassignment: invite representatives of Vietnam-German Hospital, National Children's Hospital, or National Obstetrics and Gynecology Hospital (for northern provinces); Hoan Kiem Hospital, Cho Ray Hospital, or Tu Du Hospital (for southern provinces), who have expertise related to gender reassignment.

c) The assessment shall be conducted at the medical examination and treatment facility applying for assessment and must meet the following requirements:

- Inspect the conditions regarding material and technical conditions and human resources according to the provisions of this Circular;

- Inspect the professional qualifications of the medical staff directly performing medical interventions for gender reassignment and other relevant departments involved in performing gender reassignment techniques;

- Prepare an assessment record according to the Model prescribed in Appendix 1 issued together with this Circular.

d) After the assessment, the assessment team must submit the assessment record to the Ministry of Health or the Department of Health for review;

- Within fifteen working days from the date of receipt of the assessment record, the Minister of Health or the Director of the Department of Health shall review and issue a recognition document for the medical examination and treatment facility to be allowed to perform gender reassignment techniques. If not recognized, a reply document with clear reasons must be provided.

3. Validity period of the recognition document for medical examination and treatment facilities meeting the conditions to perform medical interventions for gender reassignment is five years. Three months before the expiration date, the medical examination and treatment facility must submit a request for extension to the Ministry of Health or the Department of Health. The Ministry of Health or the Department of Health will conduct another assessment and extend the validity period for the medical examination and treatment facility. The extension period for the recognition document for medical examination and treatment facilities meeting the conditions to perform gender reassignment is five years.

4. Costs for assessment: The assessment authority is permitted to charge standard fees for assessing medical facilities authorized to perform medical interventions for gender reassignment. The level of fee collection, management, and use shall be carried out in accordance with the regulations of the Minister of Finance.

Article 3. Sample forms and health records for requesting a re-determination of gender

The Circular hereby promulgates the Application Form for Requesting Re-determination of Gender (Annex 2) and the Health Certificate of Gender Re-determination (Annex 3).

Article 4. Implementation provisions

1. This Circular takes effect from July 30, 2010;

2. The Department of Maternal and Child Health shall take the lead and coordinate with the General Department of Medical Examination and Treatment to implement this Circular;

In the course of implementation, if there are difficulties or obstacles, medical examination and treatment facilities shall report to the Ministry of Health (Department of Maternal and Child Health) for study and resolution./.