Visa Overstay Advisory
Service
Foreign nationals staying in Vietnam beyond the validity of their visa, temporary residence card, or temporary residence confirmation — even by one day — are subject to administrative fines under Article 21 of Decree 282/2025/ND-CP.
New fines effective 15/12/2025 increase sharply, split into 7 brackets — from 500,000 VND to 40,000,000 VND — and may include deportation for overstays of 16 days or more. VLIC supports lawful, proper handling to minimize risk.
30–59 days: 10,000,000 – 15,000,000 VND
60–89 days: 15,000,000 – 20,000,000 VND
90–179 days: 20,000,000 – 25,000,000 VND
From 16 days onward, authorities may add deportation depending on the nature and severity of the violation and the candor of the disclosure.
1 year or more: 30,000,000 – 40,000,000 VND
This is the maximum administrative fine bracket. Deportation and temporary or permanent entry bans are nearly certain. The violation record will severely affect future Vietnam visa applications.
the foreign national
company & individual liability
Determine days overstayed, applicable fines under Decree 282/2025, deportation risk, and the best handling option. Immediate guidance on what to do and what not to do to avoid worsening the situation — free of charge.
Draft an overstay explanation letter presenting the reasons honestly, clearly, and persuasively — highlighting mitigating factors under the Administrative Violation Handling Law 2012. Prepare the full NA5 file, temporary residence confirmation, and force majeure evidence (if available).
Represent or accompany the foreign national at the Immigration Department. Support the presentation, explanation, and case follow-up — minimizing the risk of deportation.
After fines are paid, support preparation and submission of temporary residence extension documents (if approved to stay). For genuinely humanitarian cases (illness, accident), consult on special extension procedures.
Set up an automated tracking system for visa, temporary residence, and work permit expiration dates for all foreign staff. Send reminders 30–60 days before expiry to renew in time — reducing fines for both individuals and sponsoring companies.
Support preparation and submission of visa or temporary residence renewal documents before expiry — the best solution to avoid overstaying entirely. Renewal should be initiated at least 7–14 days before the expiration date.
The most important thing: do not attempt to leave the country on your own. While overstayed, you cannot pass the checkpoint and trying to leave may be rejected and turn the case into a more serious violation. What to do now: (1) contact VLIC for specific advice; (2) prepare your original passport; (3) go to the Immigration Department or local immigration office to report the overstay as soon as possible. With a 3-day overstay, you are in the lowest fine bracket (500,000 VND – 2,000,000 VND) and you do not yet face deportation risk. Honest disclosure is a mitigating factor that improves your case.
Yes. Force majeure reasons such as illness, accident, epidemic, natural disaster are recognized as mitigating factors under the Administrative Violation Handling Law 2012 (amended 2025). To be considered for mitigation, you should: (1) prepare full proof documents (discharge papers, medical records, hospital confirmation); (2) draft a clear and honest explanation letter; (3) report the overstay as soon as you are fit to do so. Specific mitigation depends on the authority’s review of the full file. VLIC supports drafting the explanation and preparing documents to optimize the chance of mitigation.
It depends on the Immigration Department’s decision after reviewing your file. Under Article 21 of Decree 282/2025/ND-CP, after paying the fine, the foreign national usually must leave the country and then apply for a new visa to re-enter (provided they are not placed on an entry ban list). However, genuinely exceptional humanitarian cases (such as ongoing medical treatment that prevents departure or having a young child who is a Vietnamese citizen) may be considered for a special extension. VLIC advises and supports each case individually.
Sponsoring companies face two legal risks: (1) double the individual fine if they allow a foreign worker to overstay without reporting — for example, if the individual fine is 10,000,000 VND, the company can be fined up to 20,000,000 VND; (2) an additional 20–25 million VND fine for "failing to fulfill sponsorship responsibilities" under Point a, Clause 7, Article 21 of Decree 282/2025. To prevent this, companies should establish a tracking system for all foreign staff residence documents and renew at least 30 days before expiry.
It depends on the deportation order. Under Article 21 of the Entry Law 2014 (amended), a person deported from Vietnam is not allowed to enter for up to 3 years from the effective date of the order. A person forced to leave is not allowed to enter for up to 6 months from the effective date. Extremely serious cases may result in a permanent entry ban. After the ban period expires, the person may apply for a new visa through normal procedures, but the violation record will make approval much more difficult.
