Circular No. 29/2010/TT-BYT dated May 24, 2010 of the Ministry of Health guiding a number of articles of the Government's Decree No. 88/2008/ND-CP dated August 5, 2008, on sex reassignment

CIRCULAR

GUIDING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO. 88/2008/ND-CP OF AUGUST 5, 2008, ON SEX REASSIGNMENT

THE MINISTRY OF HEALTH

Pursuant to the Government's Decree No. 188/2007/ND-CP of December 27, 2007. defining the functions, tasks, powers and organizational structure of the Ministry of Health;

Pursuant to the Government's Decree No. 88/ 2008/ND-CP of August 5, 2008, on sex reassignment;
The Ministry of Health guides in detail Articles 7, 8, 10 and 12 of the Government's Decree No. 88/2008/ND-CP of August 5, 2008, on sex reassignment, as follows;

Article 1. Conditions for medical examination and treatment establishments to conduct medical intervention for sex reassignment

1. Conditions on physical foundations:

a/ Being public general, surgery, or obstetric pediatric hospitals at the central level or general or grade-1 specialized hospitals at the provincial level or private hospitals with equivalent conditions:

b/ Having cytogenetics and molecular genetics laboratories. Medical examination and treatment establishments without these laboratories shall sign testing contracts with agencies or organizations having such laboratories:

c/ Having a separate and private room (section) for sex reassignment examination.

2. Condition on medical equipment: Having surgical instrument sets for plastic and cosmetic surgery.

3. Conditions on personnel:

a/ Having at least one endocrinologist and one surgeon who must hold a post-graduate degree or be experienced for at least 5 years in diagnosing and treating congenital sex defects or unidentifiable sex:

b/ Those medical examination and treatment establishments without an endocrinologist may sign contracts with endocrinologists meeting the conditions specified at Point a of this Clause.

Article 2. Process for appraising and permitting medical examination and treatment establishments to conduct medical intervention for sex reassignment

1. A dossier of request for appraisal comprises:

a/ A written request for appraisal:

b/ A written explanation of physical foundations, equipment and personnel to satisfy conditions for medical intervention for sex reassignment. A contract on professional assistance signed with an establishment with cytogenetics and molecular genetics laboratories, for those establishments without such laboratories:

c/ Valid copies of diplomas and certificates of those who will be directly engaged in medical intervention for sex reassignment under Clause 3. Article 1 of this Circular. Written certification of 5 years' experience in diagnosing and treating congenital sex defects or unidentifiable sex by directors of medical examination and treatment establishments, for those without a post-graduate diploma. Directors of medical examination and treatment establishments shall take responsibility before law for their certification.

2. Procedures for appraising and recognizing establishments eligible to conduct medical intervention for sex reassignment:

a/ Dossiers of request for appraisal of medical examination and treatment establishments under the Ministry of Health shall be submitted to the Ministry of Health (the Department of Mother and Child Health). Dossiers of request for appraisal of medical examination and treatment establishments under provincial-level Health Departments and health agencies of other branches and private hospitals shall be submitted to provincial-level Health Departments of the localities where those establishments are based;

b/ Within 60 days after receiving a complete and valid dossier, the Ministry of Health or a provincial-level Health Department shall form an appraisal team, specifically as follows:

- An appraisal team of the Ministry of Health is composed of:

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

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

+ Representative of the Department of Legal Affairs;

+ Representative of Viet-Duc Hospital. Central Pediatrics Hospital or Central Obstetrics Hospital (for northern provinces); or of Binh Dan Hospital. Pediatrics Hospital I or Tu Du Hospital (for southern provinces). This representative must be professionally qualified for sex reassignment.

- An appraisal team of a provincial-level Health Department is composed of:

+ Representative of the leadership of the provincial-level Health Department:

+ Representative of the Division of Medical Operations;

+ Sex reassignment specialist invited from Viet-Duc Hospital, Central Pediatrics Hospital or Central Obstetrics Hospital (for northern provinces); or from Binh Dan Hospital, Pediatrics Hospital 1 or Tu Du Hospital (for southern provinces), who must be professionally qualified for sex reassignment, for a provincial-level Health Department without a sex reassignment specialist.

c/ The appraisal shall be conducted at the medical examination and treatment establishment which requests such appraisal and must cover the following:

- Inspection of conditions on physical foundations, equipment and personnel under this Circular:

- Examination of professional qualifications of health workers who will be directly engaged in medical intervention for sex reassignment and other professional sections involved in the technical process of sex reassignment:

- Making of an appraisal report (according to the form provided in Appendix 1 to this Circular. not printed herein).

d/ After the appraisal, the appraisal team shall submit the appraisal report to the Ministry of Health or a provincial-level Health Department for consideration;

- Within 15 working days after receiving an appraisal report, the Minister of Health or the director of a provincial-level Health Department shall consider it and issue a document recognizing a medical examination and treatment establishment eligible to conduct sex reassignment. In case of refusal, it shall issue a written reply clearly stating the reason.

3. The validity duration of a document recognizing a medical examination and treatment establishment eligible to conduct medical i met vent ion for sex reassignment is 5 years. Three months before such document expires, a medical examination and treatment establishment shall submit an application to extend the document to the Ministry of Health or a provincial-level Health Department. The Ministry of Health or a provincial-level Health Department shall conduct appraisal again and extend the document for the medical examination and treatment establishment. The validity duration of an extended document recognizing a medical examination and treatment establishment eligible to conduct intervention for sex reassignment is 5 years.

4. Funds for appraisal: Appraising agencies may collect charges for appraisal of criteria and conditions of health establishments for conducting medical intervention for sex reassignment. Rates, management and use of charges for appraisal comply with the Minister of Finance's regulations.

Article 3. Forms of application and medical dossier of request for sex reassignment

Promulgated together with this Circular are the forms of application for sex reassignment and medical certification of sex reassignment (in Appendices 2 and 3 to this Circular respectively. not printed herein).

Article 4. Implementation provisions

1. This Circular takes effect on July 30, 2010:

2. The Department of Mother and Child Health shall assume the prime responsibility for, and coordinate with the Department of Medical Examination and Treatment Management in. implementing this Circular;

Medical examination and treatment establishments shall report any problems arising in the course of implementation to the Ministry of Health (the Department of Mother and Child Health) for study and settlement.-