QBits
Vietnam scraps fines on same-sex marriages, but far from legalization
Last Updated: Thursday, April 11, 2013 03:20:00


 

A person holds up a rainbow flag displaying the words “Viet Pride” as people decorated with balloons prepare to take part in Vietnam’s first ever gay pride parade on a road in Hanoi on August 5, 2012.  

Vietnam has scrapped regulations that fine same-sex couples who marry in what activists say is yet another move towards guaranteeing the rights of the LGBT (lesbian, gay, bisexual, and transgender) community.

The move comes as part of a larger wave of progress for gay rights champions.

In July last year, the Ministry of Justice began openly discussing legalizing same-sex marriages. Though no concrete measures have been taken so far, the Ministry of Justice did start polling public opinion on this issue while considering amendments to prevailing marriage laws.

The results of that poll are not yet public but according to a study released last December by the Hanoi-based non-profit Institute for Studies of Society, Economy and Environment (iSEE), support for same-sex marriages was quite low at 37 percent, while 58 percent opposed it.

Also in December, the government began mulling whether or not to allow same-sex couples to legally cohabitate. Though nothing has come of that yet either,  a draft proposal was issued last month that would have doubled the fine for same-sex marriages.

Under the draft decree that would have taken effect this July, homosexual couples that get married would have been fined VND200,000-1 million (US$9.55-47.77), twice the current fine introduced in 2000.

Gay rights activists lambasted the proposal, dismissing it as a “step back” for the protection of LGBT rights in a Confucian society where homosexuality was once labeled as taboo and even a “social evil.”

After a firestorm of criticism from the media and the public, authorities took note and did away with the fine. And by doing so, they have implicitly acknowledged the “nonsensical” implications of the draft laws, gay-rights activists say. 

“This is another new step forward that is in line with Vietnam’s current trend [of] protecting the rights of LGBT people,” said Le Quang Binh, a sociologist who runs the iSEE.

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Transgender Tram temporarily keeps gov’t recognition

The Vietnamese Ministry of Justice has required authorities in Binh Phuoc southern province to temporarily halt withdrawing its decision to legally redefine a local transgender woman as real woman, a VnExpress report said.

The requirement has been imposed while the Ministry of Health and the Ministry of Justice are waiting for Prime Minister Nguyen Tan Dung to voice his opinions on the matter, the report added.

In November, 2009 authorities in Chon Thanh district, Binh Phuoc province legally recognized transgender woman Pham Le Quynh Tram, who was born Pham Van Hiep in 1974 as a boy, as a female.

With this decision, Tram became the first transgender woman to be legally recognized by the Vietnamese government.

However, on January 21, the Binh Phuoc province’s People’s Committee concluded that recognition is illegal and proposed the sex-redefining decision be revoked.

A local lawyer pointed to the fact that Tram underwent her transgender operation at a clinic in Thailand [which was not authorized by the Vietnamese government] so the decision to legally recognize her as a woman was against the law.

After being informed of the shocking news, Tram revealed that all of her personal papers including passport, ID card, land and house ownership certificates, and driving licenses have been updated with her new name and her new sex, so revoking the 2009 recognition would mess up her life.

Vietnamese intersex woman ‘deeply shocked’ at decision to revoke gender recognition

Pham Le Quynh Tram says she will appeal authorities’ decision to revoke legal recognition of her female gender

Pham Le Quynh Tram will appeal threats to revoke legal recognition of her gender

An intersex woman in Vietnam who successfully lobbied authorities to change her legally recognized gender from male to female in 2009, is ‘deeply shocked’ over an announcement last week that the decision will be revoked.

‘I was deeply shocked. I could not sleep. Four years since I changed my name and re-defined my sex, I have done nothing wrong nor lost the virtue of a Vietnamese woman,’ said Pham Le Quynh Tram, Tuoitrenews.vn reports.

Tram plans to appeal the decision made by provincial authorities in her home of Binh Phuoc in southern Vietnam in 2009.

‘I cannot describe my happiness of living with my true sex,’ said Tram, a secondary school teacher, at the time.

Tram’s passport, ID card, land and house ownership certificates and driving license all define her as female.

‘I don’t know why they want to revoke the decision that recognized me as female,’ Tram said.

‘I’m intersex so I am allowed to redefine my sex in accordance with the government’s Decree No 88.’

Tuoitrenews.vn report that to have a different gender on official documents in Vietnam people must be examined by a medical council and undergo realignment surgery at an authorized hospital.

Tram had gender realignment surgery in a hospital in Thailand so it wasn’t officially recognized by the authorities in Vietnam.

Vietnam on right track to legalize same-sex marriages, but miles to go
Last Updated: Friday, December 14, 2012 09:00:00



A woman poses with a rainbow flag displaying the words ‘Viet Pride’ as she prepares to take part in Vietnam’s first ever gay pride parade on a road in Hanoi on August 5. Activists point out that merely allowing same-sex marriages would not usher in social tolerance for such couples or eradicate the severe discrimination in a Confucian society where homosexuality was once labeled as taboo and even a ‘social evil.’

They grabbed the paper, read it enthusiastically, but put it away quickly.

The article about the government mulling over whether to allow same-sex couples to legally cohabitate failed to excite a group of gay men in Ho Chi Minh City.

“This doesn’t really matter,” Nguyen Van Trung, a tour guide, told Vietweek. “We have been living together for years and it isn’t necessary to recognize it.”

In late November several government ministries issued for the first time a joint report that said: “There should be studies to [legally] recognize registered cohabitation by… same-sex couples.”

It called homosexuality a “natural sexual orientation” and said recognition of same-sex couples living together is inevitable and “laws should not prevent this” to ensure equal rights for LGBT (lesbian, gay, bisexual, and transgender) people.

Gay-rights activists have called this move another major step forward after the Ministry of Justice started polling public opinion on legalizing same-sex marriages last July while drafting amendments to prevailing marriage laws. 

But the activists also pointed out that merely allowing same-sex marriages would not usher in social tolerance for such couples or eradicate the severe discrimination in a Confucian society where homosexuality was once labeled as taboo and even a “social evil.”

Trung said: “The main question we are asking is: Will the government allow people like us to wed?”

According to a study released Thursday (December 13) by the Hanoi-based non-profit Institute for Studies of Society, Economy and Environment (iSEE), 89 percent of people surveyed stigmatized the LGBT community.

Support for same-sex marriages was quite low at 37 percent, while 58 percent opposed it. The study surveyed 854 people and interviewed 31 citizens and officials.

Le Quang Binh, a sociologist who runs iSEE, told Vietweek: “The reasons people give to justify their opposition to same-sex marriages reflect the dominant heterosexual philosophy behind sex, marriage, and family.

“Many believe that a family should compose of a man and a woman, so their kids have role models to follow,” Binh, who has headed several research projects on lesbian and gay issues, said.

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[Phóng sự] PÊ ĐÊ (by icsvietnam)

A short film on trans* life in Vietnam.

“We met Yuki and her friends around 5pm which was too early for transgender people to start their day. “When the sunlight is fading, and the treet lights are turned on, it is when our lives start.” Sunlight exposes the worst stigma, only darkness can help conceal the pain of discrimination. But today, we’re going to start a little earlier.

This short documentary was made ICS. We decided to name it “Pede” - the word that society still uses to stigmatize transgender people - as a way to have a closer look at a familiar yet taboo topic.

Thank you for viewing and sharing their their views.

800 celebrate sexualities diversity in Vietnam
Awareness and acceptance of LGBT people promoted at joyful event in Ho Chi Minh City
LGBT rights supporters dancing to Gangnam Style in Ho Chi Minh City, Vietnam

Eight hundred people gathered in Ho Chi Minh City, Vietnam on Sunday to celebrate diversity of sexualities.

The event, which carried the slogan ‘Open your heart - embrace diversity’ was organized by Vietnamese LGBT rights group ICS (Information, Connecting and Sharing).

The three-hour event feature cheerful activities like games, singing and performances. It culminated with a mass dance to Lady Gaga’s Born This Way and PSY’s Gangnam Style.

ICS gave out souvenir badges that read ‘I love him’, ‘I love her’ or ‘I love diversity’.

PFLAG (Parents and Friends of Lesbians and Gays) showed their support at the event.

‘I understand that my son and homosexuals have to suffer the social stigma,’ PFLAG Vietnam member Nguyen Thi Thanh Thuy told Tuoitrenews.

‘So I just hope that other parents whose children are homosexuals have a tolerant look on their beloved ones. Not only parents of homosexuals, heterosexuals’ parents who usually discriminate LGBT people, should also change their mind and be more sympathetic.’

Director of ICS Tran Khac Tung said:

‘We hope to organize bigger events in the future since we know that there are still many people, irrespective of whether they are LGBT or not, who want to support the LGBT community.’

Nào ta cùng tím 2012 - Let’s go Purple (Sài Gòn) (by icsvietnam)

Spirit Day celebrations in Ho Chi Minh City, Hanoi and Da Nang.

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yeulayeu LGBT flashmob (by tranphuong1108)

LGBT flashmob in Hanoi, Vietnam.

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Finalist in Vietnam song contest comes out as a trans woman
Huong Giang, finalist of the singing contest Vietnam Idol comes out publicly, live on TV, as a transgender woman
Huong Giang, finalist of the singing contest Vietnam Idol comes out publicly live as a transgender woman

Huong Giang made history in Vietnam when she came out live during Vietnam Idol as a transgender woman.

On Thursday (6 September) the TV talent show jury delivered their verdict to the 25-year-old finalist from Hanoi, praising her effort and determination.

Judge and film director Nguyen Quang Dung asked if Giang had previously auditioned for Vietnam Idol. After a few hesitant seconds the contestant admitted that she previously auditioned under a male name, Nguyen Ngoc Hieu.

Quang Dung praised Giang saying: ‘I really appreciate young people who dare to be true to themselves and other people. Whatever you do, you take responsibility for it.’

The jury asked the young girl what made her decide to change to which she responded: ‘I’ve got passion for singing and every single change in my life is for art. I didn’t change to win love or any kind of happiness. I think this is the real me and I have to change to be myself onstage.’

The three judges expressed their admiration of the young girl, who has been so brave to be and reveal herself publicly.

Quand Dung told Giang: ‘Since you once joined this competition, I feel more admiration for you because you were not good in the previous contest. And with such a change, from appearance to voice, I think you did a thing that not everyone can do.’

‘I know you had been afraid of revealing something true about yourself, but we all respect the truth and see no reason for you to avoid the path that you’ve chosen.’

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Việt Pride - Tự hào đồng tính - 05/08/2012 (by phoenixshowmedia)

A short video clip of Vietnam’s first Pride Parade in Hanoi in which about a hundred people road bikes and scooters through the streets.

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(h/t gaystarnews.com)

Hanoi Pride a success despite lack of state approval
Vietnam’s first pride march has seen around a hundred people on bikes and motorbikes ride in convoy through the capital and was left alone by authorities despite not having permission to go ahead

Around a hundred people have taken part in Vietnam’s first pride march on Sunday morning, taking the form of a convoy of brightly decorated bicycles and motorbikes in the capital city of Hanoi.

The convoy set off from the city’s National Stadium and finished 6 miles later at a downtown park.

The parade route was changed at the last minute to avoid it clashing with anti-China demonstrations in the city that were protesting over disputed territories claimed by both countries in the South China Sea.

The pride parade went smoothly despite not having official permission to go ahead – unlike the anti-China demonstrators who were dispersed by police, with around 20 people taken to a detention center.

Protestors used the march to call for an end to discrimination against LGBTs and for the legalization of same-sex marriage following comments by the country’s Justice Minister Ha Hung Cuong in July that it might be time to consider the issue.

‘This problem must be considered carefully, thoroughly in many aspects: cultural, legal, custom and ethical practices,’ said Ha Hung Cuong in an online forum.

‘The recognition or non-recognition of same sex marriage should be based on very basic research - the credible assessment of impact on many social and legal aspects such as personal freedom, compatibility with cultural and social practices of Vietnamese families, sensitivity, social consequences of the law.

‘The State should also have legal mechanisms to protect the legitimate rights such as legal personality, property ownership or children … of same sex couple living together.’

Not all the participants in the parade were LGBT with 19 year old marcher Kyle Tran telling AFP that he was there to support a family member.

‘It’s time to eliminate discrimination against people of different sexuality. I am straight, but my cousin is a lesbian,’ Tran said.

Viet Pride organizer Tam Nguyen told GSN on Wednesday that the event had been held to raise the profile of the LGBT community in Vietnam.

‘The most important thing about Pride is that you send out the message to the public that the gay community exists, because in many countries including Vietnam people still deny the existence of this community,’ Nguyen said.

‘Pride also shows those who are still in the closet that they can find the community and that they do not stand alone in this world.’

Vietnam to hold first gay pride in Hanoi
Viet Pride hopes to fight homophobia in the south-east Asian country with film screenings, music and a bicycle parade through capital
Viet Pride to be held in Hanoi

Vietnam will hold its first ever gay pride event in the capital Hanoi next week, as the country discusses legalizing same-sex marriage.

Viet Pride will run from 3 to 5 August and feature film screenings, presentations and live music, culminating with a cycle parade through the city center on the Sunday.

Although not illegal, being gay in Vietnam is still taboo and openly lesbian, gay, bisexual and transgender people are widely discriminated against.

According to pride organizers, gay men and women are commonly referred to asPê đê, meaning pedophile, with homosexuality considered a mental illness by many.

In some cases conversion therapies are used, including corrective rape, and the stigma can lead to suicide.

On why Viet Pride is important and needed, organizers wrote on its website: ‘The untold miseries must be told. The invisible faces must be made visible. The silenced voice must be heard. Equal rights must be given.

‘All these goals cannot be accomplished overnight but require an undivided commitment, concerted effort and collective action to make human rights and dignity for LGBT people a reality.

‘For this reason, pride has been celebrated annually since 1969 in all continents of the world to remind each and every one of us that we are born free and equal and it is not a crime or a sin to love the person we love.’

The Ministry of Justice announced last month (June 2012) that it is carrying out a consultation into same-sex marriage and would bring the issue to the one-party state’s National Assembly congress in spring 2013.

If gay marriage is legalized, the communist country will be the first Asian nation to do so.

Last Tuesday (24 July) Minister Ha Hung Cuong spoke out against homophobia, saying prejudice against gay people is ‘unacceptable’.

However, he stopped short of supporting gay marriage.

Viet Pride will be held at the Goethe Institute in Nguyen Thai Hoc, Hanoi.

Study reveals dismal lives of LGBT street children in Vietnam
Most LGBT street children and adolescents in Ho Chi Minh City are found to engage in the sex industry
Most LGBT street children and adolescents in Ho Chi Minh City are found to engage in the sex industry

Most LGBT street children and adolescents in Vietnam are engaged in the sex trade and are alone in protecting themselves from get infected with sexually transmitted diseases, according to a research.

The Institute for Studies of Society, Economy and Environment (iSee) and Save the Chldren International (SCI) released a joint study on LGBT street children and adolescents in Ho Chi Minh City on Thursday (31 May), revealing their poor everyday lives.

The research shows that parental objection regarding gender and sexual identity is the main factor pushing children to leave home.

They then lead lives full of hazards including irregular meals and sleeping places, threats of violence and harassment, and for many potential dangers of HIV and other STDs, according to Dr Nguyen Thu Nam of iSee.

Respondents have at one time or another experienced discrimination from neighbours and passers-by and have no chance of proper employment. Some report instances of psychological abuse, which has led to suicide attempts, drug abuse and self mutilation.

Bisexual adolescent Tran Lan Anh (pseudonym) told Viet Nam News that she has to move from one place to another with five lesbians on a daily basis with no money for a permanent residence and they find it difficult just to get enough food.

‘When I applied for manual jobs, the employers refused to hire me and used impolite words, reasoning that because I am not a normal person, I will steal their money,’ said Lan Anh, who now works as a sex worker.

Lan Anh says she was beaten and verbally abused by her parents every day when they learnt of her lesbian relationship. She left home at the age of 13.

In response, government authorities have highlighted the need to conduct research on a larger scale to devise comprehensive support policies to minimize the risks facing these LGBT children.

Non-governmental organization Centre for Studies and Applied Science for Gender, Family, Women and Adolescents, meanwhile, plans to provide training and jobs for LGBT street children and adolescents in beauty services and fashion.

While many of the LGBT kids are forced to live on the street, the difficulty for seeking partners have driven others to become prostitutes just to satisfy their sexual desire or seek suitable partners.

There are so-called ‘love markets’ in some cities for gays to seek partners, but some are reported to have been robbed, beaten or even killed there, according to VietNamNet.

In a survey of 831 gays last year by the STDs/HIV/AIDS Prevention Center (SHAPC), up to 37 percent of respondents prostituted themselves and one third were clients at ‘love markets’ for gays. They had sex with four partners a month on average.

Gay wedding becomes talk of town in southern Vietnam
A same-sex wedding attended by hundreds has drawn the attention of many in Kien Giang province and beyond

Two men publicly tying the knot nearly two weeks ago in the southern province of Kien Giang in Vietnam have remained a hot topic among local townspeople.

At noon of May 16, Truong Van Hen and Nguyen Hoang Bao Quoc held a large-scale wedding in Ha Tien with hundreds of guests, reported VietNamNet.

Thousands of curious people were said to have surrounded the wedding, jamming the traffic. Some tried to stop or protest the wedding, but were dismissed by the local authorities.

The Vietnam Law on Marriage and Family bans marriage between people of same same sex but the union is supported by the two families.

Many websites have circulated pictures of how parents, relatives, friends and guests witnessed ‘Groom’ Bao Quoc, dressed in a white suit, clink glasses of champagne with his ‘bride’ Van Hen, who wore red.

The first public gay marriage in the country was reported in 2007. The couple, Dinh Cong Khanh and Nguyen Thai Nguyen, now lives in Canada, where gay marriage is recognized.

According to an earlier survey by the STDs/HIV/AIDS Prevention Center (SHAPC), the Vietnamese saw homosexuality in a broadly negative light. Up to 36 percent of interviewees saw homosexuality as social evil, and 68 percent as a disease. Nearly half saw it as unhealthy relations, 27 percent corrupted and 56 percent unnatural.

Australian government funds LGBT awareness in Vietnam
Government contribute $100,000 to an LGBT rights awareness project
Training session at iSEE

The Australian government is funding a project to raise awareness about LGBT rights in Vietnam.

Gay News Network reports that the government will contribute $100,000 (Australian dollars, $104,843, €80,349) to a project at Institute for Studies of Society, Economy and Environment (iSEE), a research organisation in Hanoi which aims to improve human rights in the single-party state.

The money will be used to fund plays and exhibitions expressing the experience of Vietnamese LGBT people, for legal assistance in LGBT discrimination cases and to train government officials in awareness of LGBT rights.

‘This project is expected to make a significant contribution to fighting discrimination against lesbians and gay, bisexual and transgender people,’ said Australian Ambassador to Vietnam Allaster Cox.

Homosexuality has never been criminalised in Vietnam, but in 2002 state-run media declared it to be a ‘social evil’ similar to prostitution and gambling.