Vietnam Visa Overstay: Fines, Penalties, and What You Should Do
The information below explains what visa overstay means, the penalties that may apply, the steps to take if your visa has already expired, and several related points under Vietnam’s immigration law (Articles 18 and 21 of the 2014 Law on entry, exit, transit, and residence of foreigners in Vietnam).
1. What is visa overstay?
If you stay in Vietnam beyond the validity of your visa without obtaining an extension or another lawful solution, you will be regarded as overstaying your visa. Visa overstay is a violation of Vietnam’s immigration rules and may result in administrative fines, compulsory exit, or restrictions on future entry.
Visa overstay may occur for a number of reasons.
| Common reason | Explanation |
|---|---|
| You did not check the visa expiry date carefully | The last valid day of stay was overlooked or misunderstood. |
| Your plans changed unexpectedly | Work, study, travel, or personal circumstances required a longer stay than originally planned. |
| You did not fully understand the visa rules | The conditions of entry, stay, or extension were not clearly understood. |
| Your extension process was delayed | The visa expired before the extension result was issued. |
| You faced force majeure or a personal emergency | Illness, accident, epidemic-related disruption, or another serious personal situation prevented timely action. |
2. Penalties for visa overstay
If you overstay your visa in Vietnam, the following administrative fines may apply:
| Period of overstay | Possible fine |
|---|---|
| Under 16 days | From VND 500,000 to VND 2,000,000 |
| From 16 days to under 30 days | From VND 3,000,000 to VND 5,000,000 |
| From 30 days to under 60 days | From VND 5,000,000 to VND 10,000,000 |
| From 60 days to under 90 days | From VND 10,000,000 to VND 15,000,000 |
| Over 90 days | From VND 15,000,000 to VND 20,000,000 |
If you overstay by 1 day, the fine will be from VND 500,000 to VND 2,000,000.
| Other possible measure | Remarks |
|---|---|
| Compulsory exit | May be applied, especially in more serious cases. |
| Restriction on future entry | Re-entry may be refused for a certain period, depending on the seriousness of the case. |
3. What should you do if your visa has expired?
If your visa has already expired, please do the following steps as soon as possible:
| Step | Action |
|---|---|
| Step 1 | Report to the Immigration Department or the local Immigration Office and declare the overstay situation. |
| Step 2 | Pay the applicable administrative fine. |
| Step 3 | If you wish to remain in Vietnam, prepare the extension file if your case is eligible for further handling. |
| Step 4 | If extension is not possible, complete the procedures for departure from Vietnam. |
| Step 5 |
If necessary, seek assistance from a qualified immigration or legal service provider. - HCMC: hanhdungtourist (+84-28) 3848 5500 |
4. Letter of explanation for visa overstay
In many overstay cases, you may be asked to provide a written explanation. The explanation should clearly and truthfully state why the overstay occurred.
| Content of the explanation letter | Details |
|---|---|
| Personal information | Full name, date of birth, gender, nationality, and passport number |
| Visa and stay information | Type of visa, date of entry, date of visa expiry, and temporary address in Vietnam |
| Reason for overstay | A clear and truthful explanation, such as illness, accident, work-related difficulty, or another relevant reason |
| Commitment and request | A statement accepting responsibility and requesting consideration for extension or departure arrangements |
| Supporting evidence | Medical certificate, work document, or other evidence, if available |
5. Where should the fine be paid?
If you have overstayed your visa, the fine is handled through the Immigration Department or the local Immigration Office in the place where you are staying.
| Authority | Locations |
|---|---|
| Immigration Department |
- Hà Nội Immigration Office: 44 Pham Ngoc Thach, Dong Da District, or No. 6 Quang Trung, Ha Dong District. |
| Local Immigration Office | Provinces and other cities throughout Vietnam |
Normal working hours are Monday to Friday, from 8:00 to 12:00 and from 13:00 to 17:00, excluding public holidays and Tet holidays.
6. How to avoid visa overstay
If you intend to remain in Vietnam lawfully, the following precautions are recommended.
| Preventive measure | Remarks |
|---|---|
| Check your visa details carefully | Review the visa stamp or visa record, including the date of entry and the expiry date. |
| Use reminders | Set a calendar reminder or alarm before the visa expiry date. |
| Apply for extension early | If a longer stay is needed, apply before the visa expires. |
| Use professional support if necessary | Professional immigration or legal services may assist with extension and compliance matters. |
| Comply with immigration rules | Remain only for the permitted period and comply with the purpose of stay stated on your visa. |
7. Other penalties for related immigration violations
| Violation | Possible penalty |
|---|---|
| Foreigners travelling in Vietnam without carrying their passport, laissez-passer, international travel document, immigration paper, residence paper, or ABTC card | Warning or fine from VND 300,000 to VND 500,000 |
| Foreigners who use a temporary residence certificate, temporary residence extension, temporary residence card, or fails to renew a permanent residence card in Vietnam beyond the permitted period for under 16 days without permission from the competent authority. | Fine from VND 500,000 to VND 2,000,000 |
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