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Article 64 was repealed and replaced by article 36 which reads: "Men and women have the right to marry and divorce. In November 2013, the National Assembly approved a new constitution. The decree took effect on 11 November 2013. On 24 September 2013, the Government issued a decree abolishing the fines on same-sex marriages. The National Assembly debated it in October 2013. In June 2013, the Ministry of Justice submitted a bill that would remove the ban on same-sex marriage from the Law on Marriage and Family ( Vietnamese: Luật Hôn nhân và Gia đình) and provide some rights to cohabiting same-sex couples. In July 2012, the Minister of Justice announced that the Government of Vietnam had started a consultation on whether to legalize same-sex marriage. Main article: Recognition of same-sex unions in Vietnam
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The Penal Code indicates that the age of consent is 16 years regardless of gender or sexual orientation. This absence of criticism agrees with the belief of many historians that same-sex sexual acts have never been criminalized in Vietnam, not even in the current Criminal Code. However, there was no mention of their sexual act during the trial, and they were only charged with adultery.
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A supplemental text to the 15th-century Code of Hồng Đức mentioned the trial of two women who lived in the same house and had sex with one another while the husband of one of the women was away. While the majority of Vietnamese historical accounts up to the modern era are concerned with the patriarchal ideas of Confucianism, the presence of homosexual activities in Vietnam has been recorded for a long time. 2 Recognition of same-sex relationships.The creation of the new post was being protested against by the African Group. In November 2016, Vietnam, South Korea, Japan, the Philippines, Israel, Thailand, East Timor, Nepal, Georgia, Turkey, Sri Lanka and Mongolia were the only Asian countries in the United Nations to vote in favor of the appointment of an independent expert to raise awareness of the discrimination faced by the LGBT community and to find ways to properly protect them. In 2017, pride parades were held in around 35 other cities and provinces. Vietnam's first gay pride parade peacefully took place in Hanoi on 5 August 2012. On November 24, 2015, the right to change gender was officially legalized in Vietnam after the 2015 Amendment Civil law allowing for gender change was approved by the National Assembly. Vietnam provides no anti-discrimination protections for LGBT people, nor does it prohibit hate crimes based on sexual orientation and gender identity. However, same-sex couples and households headed by same-sex couples are ineligible for the legal protections available to opposite-sex couples. From 2000, both male and female same-sex sexual activity are legal and are believed to never have been criminalized in Vietnamese history.
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Lesbian, gay, bisexual, transgender (LGBT) people in Vietnam may face legal challenges not experienced by non- LGBT residents. Lesbian, gay and bisexual people may serve openly Transgender people cannot access sex reassignment surgery and cannot change legal gender after surgery (Bill pending to allow gender changes)