Overstaying Visa in Vietnam for Foreigners | Detailed Guide on Risks, Consequences and Legal Solutions 2025

Visa compliance is a fundamental requirement for all foreign nationals entering Vietnam. Yet, unexpected events—ranging from personal emergencies and travel interruptions to simple oversight—can result in an overstay. While many assume that overstaying is a minor infraction, the consequences can be substantial, affecting your legal status, your ability to exit the country, and your eligibility to return in the future.
With insights from An Law Vietnam – Overstay Legal Services and Expert Attorneys for Visa Overstay Cases, this guide provides a clear and authoritative overview of the laws, penalties, and essential procedures for resolving visa overstay issues under Vietnam’s updated 2025 regulatory framework.

Urgent Question:
What Are the Penalties for Overstaying a Visa by Just One Day?
This is the most immediate concern for many foreign nationals once they discover their visa has expired. Beyond monetary fines, overstaying can lead to delays in departure, difficulties at the airport, and, in certain cases, temporary bans on re-entry.

Legal Consequences of Overstaying a Visa in Vietnam

Upon expiration of the authorized visa duration, a foreign national transitions into a state of unlawful residence. You will be subject to the following consequences:

• Imposition of administrative sanctions as stipulated by Vietnamese law.
• Issuance of an Order for Forced Exit (deportation).
• Prohibition of Re-entry into Vietnam for a specified future period (contingent upon the severity of the violation).
• Significant impediments in future applications for visa extensions, renewals, or other residency permits.

Administrative Penalties and Penalty Framework Based on Duration of Overstay

The monetary fines applicable to foreign individuals are regulated under ➦ Article 18 of Decree No. 144/2021/ND-CP (which also governs sanctions against organizations).
Administrative Penalty for a Single Day of Visa Overstay
Pursuant to the regulations, a visa overstay of one (01) day falls within the category of an overstay of less than 16 days. The monetary fine for this infraction ranges from 500,000 VND to 2,000,000 VND.
Penalty Framework by Duration and Applicable Vietnamese Law

Note: For organizations committing the same violation, the fine shall be double the rate applicable to individuals (Clause 2, Article 4 of Decree 144/2021/ND-CP).

Forms of Enforcement Action and Supplemental Measures for Visa Expiration Penalties
In addition to administrative fines, the violator may be subject to supplemental enforcement measures:

• Administrative Fine: Payment according to the penalty schedule above.
• Forced Exit: Application of a deportation order, particularly in cases of severe violation or inability to apply for extension.
• Entry Ban (Prohibition of Re-entry): Restriction from re-entering Vietnam in the future (typically 2-5 years, or permanently, depending on the gravity and intentional repetition of the offense).

Mandatory Procedure for Resolving Visa Overstayal

Is a Foreigner Issued a Visa at the Border Gate for Deportation?
In principle, a visa is an instrument issued by the competent Vietnamese authority authorizing a foreign national’s entry/exit or residence in Vietnam.
A foreigner is not issued a visa at the border for ” Deportation.” Deportation is a severe form of legal enforcement. However, during the overstay resolution process, if the foreign national is compelled to depart, the immigration authority will issue a special visa known as an Exit Visa (Visa XN). This Visa XN grants legal authorization for the individual to leave Vietnam within a specified timeframe after all penalties have been settled.

Where to Pay the Visa Overstay Penalty
The foreign national is required to present themselves and remit the administrative penalties at the following immigration authorities:

• The Immigration Department of Vietnam (located in Hanoi, Ho Chi Minh City, Da Nang).
• The Provincial/City Immigration Management Division where the individual is currently residing.

Penalty Submission Addresses:

• Hanoi: 44-46 Tran Phu, Ba Dinh District.
• Ho Chi Minh City (HCMC): 333-337 Nguyen Trai, Sai Gon Ward.
• Da Nang: No. 7 Tran Quy Cap.

4-Step Emergency Resolution Procedure for Foreign Nationals Overstaying a Visa in Vietnam?
What is the required action when my period of authorized residence has expired?
If the visa validity has elapsed, immediate resolution is mandatory. The following are the essential steps for handling a visa overstay in Vietnam:

1. Immigration Presentation (Self-Reporting): Immediately proceed to the nearest Immigration Department/Division to officially report the overstay status. Maintain truthfulness and cooperation with the authorities.
2. Submission of Explanation and Penalty Payment: Provide a candid account of the reason for the overstay and comply with the payment of the stipulated administrative fine.
3. Receipt and Retention of Documentation: Secure the penalty receipt as evidence of fulfilling the legal obligation.
4. Subsequent Procedural Application: Following penalty settlement, the individual will be assessed for:

• Visa Extension Application: If eligible and the purpose of continued stay is lawful.
• Exit Visa Application (Visa XN): If departure from Vietnam is mandated.

Critical Legal Caveats Regarding Visa Expiration/Overstayal in Vietnam

• You are strictly prohibited from unilaterally attempting to exit Vietnam while your visa is expired. Attempting to depart without official clearance will lead to interdiction at the border and exacerbate the penalty.
• Only after the penalty is settled can subsequent procedures, such as extension or departure, be considered.
• Early presentation and truthful disclosure are advised to potentially mitigate the final penalty amount.
• Seek Legal Counsel: Consult an experienced Immigration Attorney, such as An Law Vietnam – Overstay Law Firm, for professional guidance. Specifically, if the overstay is prolonged (over 60 days) or the case involves complex factors, legal representation is necessary to complete the procedure and minimize the risk of being denied entry.

Other Relevant Regulations on Entry and Visas

Conditions for Foreign Nationals to be Issued a Visa at an International Border Gate
Pursuant to Article 18 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014, a foreign national may be issued a visa at an international border gate under the following circumstances:

• Originating from a country that does not have a Vietnamese competent authority authorized to issue visas.
• Required to transit through multiple countries before arrival in Vietnam.
• Entering Vietnam for tourism organized by an international travel agency operating in Vietnam.
• Foreign crew members aboard a vessel docked at a Vietnamese seaport requiring exit via a different border gate.
• Entering to attend a funeral or visit a seriously ill relative.
• Entering Vietnam to participate in emergency response, rescue, disaster prevention, epidemic control, or for other special reasons requested by the competent Vietnamese authority.

Contact for Immediate Legal Assistance

With extensive experience representing foreign nationals in visa overstay cases, An Law Vietnam – Overstay Legal Services understands the stress and uncertainty that clients often face.
Our legal team provides prompt, lawful, and strategic solutions designed to resolve your overstay matter efficiently while minimizing the risk of a re-entry ban or escalated penalties. We have successfully assisted numerous clients in complex and prolonged overstay situations.
Contact An Law Vietnam – Overstay Legal Services
📞 Phone: (+84) 986 995 543
📧 Email: info@anlawvietnam.com
📍 Head Office: Diamond Plaza, 34 Le Duan, Sai Gon Ward, Ho Chi Minh City
🏢 Vung Tau Branch: Vo Thi Sau Street, Vung Tau Ward, Ho Chi Minh City
We appreciate your trust and remain committed to protecting your legal rights in Vietnam.

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