Using a Counterfeit Passport: Forms of Handling & Regulations to Understand (Updated 2025)

Why is using a fake passport extremely risky?
Using a counterfeit passport or engaging in passport forgery is not merely an “administrative violation” but can, in many cases, lead to criminal prosecution, temporary detention, arrest, deportation, or a multi-year entry.
Effective December 15, 2025, Decree 282/2025/ND-CP officially takes effect, replacing Decree 144/2021/ND-CP. This new Decree increases the fine levels and tightens enforcement for violations in the field of security and order, including offenses related to exit, entry, and the use of forged documents.
In this article, An Law Vietnam – Legal Services for Visa Overstay and Counterfeit Passport will answer 12 important questions related to the use of fake passports, the act of forging them, and how to handle situations when you are involved.

How is the act of counterfeiting/using a fake passport understood?
What is the penalty for violating the Immigration Law under Decree 282/2025/ND-CP?
From 15/12/2025, how much is the fine for using a counterfeit passport?
How much is the fine (administrative) for forging a passport?
Is forging a passport punishable by imprisonment?
Is using a fake passport punishable by imprisonment?
What is the statute of limitations for sanctioning administrative violations of this act?
Is there an additional sanction?
Is there a penalty for using a counterfeit passport without having forged it yourself?
How to recognize a fake passport?
Is there a penalty if I accidentally buy a fake passport?
How to handle when accidentally using a counterfeit passport (An Law Vietnam service).

Using A Counterfeit Passport Forms Of Punishment & Regulations To Understand (updated 2025) (2) — *Photo Description of the Article: Using a Counterfeit Passport: Forms of Punishment & Regulations to Understand (Updated 2025)*

Contents

How is the act of counterfeiting/using a fake passport understood?

Legally, a passport is a document issued by a competent state agency, belonging to the group of “official documents of state agencies and organizations.” The act of counterfeiting and using fake passports usually falls into the following groups:
Passport Forgery
Manufacturing a “passport” that is not issued by the competent authority.
➤ Printing, creating document blanks, tampering, altering passport numbers, falsifying personal information, affixing another person’s photo, etc.
➤ This act is typically considered under Article 341 of the Penal Code 2015 – the crime of Forging Seals or Documents of State Agencies and Organizations; or Using Forged Seals or Documents. ➦ The Penal Code No. 100/2015/QH13

Using a Fake Passport
➤ Using a counterfeit passport to exit, enter, reside, open bank accounts, carry out legal procedures, etc.
➤ The element of criminal liability under Article 341 of the Penal Code is established as long as the document is known to be fake but is still used to commit illegal acts.

Buying, Selling, Storing, Brokering Fake Passports
➤ Acting as an intermediary, collecting passports, receiving money to “arrange passports,” providing fake passports to others, etc.
➤ Depending on the nature and severity, these individuals may be handled under Article 341 of the Penal Code, or crimes related to organizing or brokering for others to enter and exit illegally.
Thus, not only the person who “forges” but also the person who “uses” the fake passport is at risk of being held liable.

Penalty for violations of the immigration law according to Decree 282/2025/ND-CP

Decree 282/2025/ND-CP stipulates the sanctioning of administrative violations in the field of security, social order and safety, including violations on exit, entry, residence, and travel.
For the act of using a fake passport, Point a, Clause 5 and Point a, Clause 11, Article 21 of Decree 282/2025/ND-CP stipulate (summary):
➤ Sanctioned acts: using counterfeit passports, fake laissez-passers, fake international travel documents, fake papers issued to foreigners, etc.
➤ Fine level (individual): from 10,000,000 to 15,000,000 VND.
➤ Confiscation of material evidence and means of violation for acts of using fake passports.
➤ Foreigners may be subject to deportation, depending on the nature, severity, and consequences of the violations.
For organizations that commit similar acts, the fine is 2 times the fine applied to individuals according to Article 5 of Decree 282/2025/ND-CP. ➦ DECREE No. 282/2025/ND-CP
In addition to administrative sanctions, if the act has sufficient elements to constitute a crime, the violator may be prosecuted for criminal liability (sections 5 & 6 below).

From 15/12/2025, how much is the fine for using a fake passport?

From December 15, 2025, when Decree 282/2025/ND-CP takes effect:
➤ Individuals using counterfeit passports shall be fined from 10,000,000 to 15,000,000 VND, accompanied by the confiscation of the fake passport and related exhibits. => congan.quangngai.gov.vn
➤Organizations that commit similar acts may be fined from VND 20,000,000 to VND 30,000,000 (double).
Note: This is an administrative sanction, applied when the act has not yet reached the extent of being subject to criminal liability examination.

How much is the fine (administrative) for forging a passport?

Regarding administrative sanctions, depending on specific acts:
If a dossier is forged and used to apply for a passport or other entry and exit documents, it may be sanctioned according to the relevant articles in Decree 282/2025/ND-CP (acts related to fake seals, documents, papers; immigration management, etc.).
The actual fine will depend on:
➤ The specific act (only falsifying documents, or having used them for entry and exit, etc.)
➤ The number of forged documents
➤ Whether the violator is an individual or an organization
However, in practice, the act of “forging a passport” is often considered from a criminal perspective rather than an administrative penalty, as a passport is a particularly important document under the management of a state agency.

Is forging a passport punishable by imprisonment?

Yes. The act of forging a passport is often considered under Article 341 of the Penal Code 2015 (amended and supplemented in 2017) – the crime of Forging Seals or Documents of State Agencies and Organizations; or Using Forged Seals or Documents. Bộ Công an+1
Summary of the penalty range:
Basic Range:
➤ A fine of VND 30,000,000 – 100,000,000, or
➤ Non-custodial reform for up to 3 years, or
➤ Imprisonment from 06 months to 02 years.

Aggravated Range (02–05 years imprisonment) if:
➤ The crime is organized;
➤ The crime is committed on multiple occasions;
➤ Forging from 02 to 05 seals, documents, or papers;
➤ Obtaining illicit profits from 10,000,000 to less than 50,000,000 VND;…

The Maximum Penalty Range (03–07 years imprisonment) if:
➤ Forging 06 seals or more documents;
➤ Obtaining illicit profits of VND 50,000,000 or more;
➤ Causing serious, very serious, or particularly serious consequences.
Thus, forging a passport can be punished with imprisonment, the maximum sentence is up to 07 years in prison.

Is using a fake passport punishable by imprisonment?

Yes. If the violator does not directly forge it, but knowingly uses a counterfeit passport to commit illegal acts (e.g., through border gates, opening accounts, deceiving agencies/organizations, etc.), it is still possible to be:
➤ Administratively sanctioned (Decree 282/2025) – fine of 10–15 million VND as per section 3.
➤ Criminally prosecuted under Article 341 of the Penal Code 2015 as “using forged documents of agencies and organizations” (the penalty range is from 06 months to 07 years in prison, depending on the severity)
In cases where a fake passport is used for illegal exit or entry, the violator may also be further considered for Article 347 of the Penal Code 2015 – the crime of violating regulations on exit and entry; the crime of staying in Vietnam illegally, with a maximum penalty of up to 03 years in prison. ➦ The Penal Code No. 100/2015/QH13

What is the statute of limitations for sanctioning administrative violations for the act of using a fake passport?

According to Article 6 of Decree 282/2025/ND-CP, the statute of limitations for sanctioning administrative violations in the field of security, social order, and safety is 01 year, except for some special cases. ➦ An Law Vietnam – Legal Services
➤ The statute of limitations is calculated from the date the violation is committed.
➤ If, during this time, the violator continues to violate or deliberately evades, the statute of limitations may be recalculated according to the Law on Handling of Administrative Violations.
Note: The statute of limitations for administrative sanctions is different from the statute of limitations for criminal liability examination; if the act has enough elements to constitute a crime, it can still be investigated and prosecuted under the Penal Code within the criminal statute of limitations.

Is there an additional sanction?

Yes. For the act of using counterfeit passports, Decree 282/2025/ND-CP stipulates:
Confiscation of material evidence and means of administrative violations, including:
➤ Fake passports, fake papers;
➤ Documents and means used to commit the acts.

Deportation of Foreigners:
➤ Based on the nature, severity, consequences, and personal factors, foreigners who use fake passports may be subject to deportation.
In cases of criminal prosecution, the Court may also apply additional penalties under the Penal Code (fines, expulsion, ban from holding positions, ban from residence, etc., depending on the case).

Is there a penalty for using a fake passport without having forged it yourself?

Yes. The law distinguishes between:
➤ Passport counterfeiters; and
➤ Users of fake passports;

But both must be dealt with. Even if you don’t directly forge it, if you:
➤ Knowingly possess a passport that is not issued by a competent authority, or
➤ Knowingly possess a passport that has been erased or its information has been corrected,

=> and you still use it for entry, exit, residence, or legal transactions, you can still be:
Administratively fined according to Decree 282/2025/ND-CP; and/or
Prosecuted for criminal liability under Article 341 of the Penal Code (the crime of using forged documents of agencies and organizations).

How to recognize a fake passport?

➤ Some common signs (for both Vietnamese and foreigners):
Unusual Material and Printing
➤ The passport cover is thin, pale, or unusually shiny.
➤ The information page lacks security elements such as watermarks, microtext, and specific printing effects.

Errors in Information or Presentation
➤ Misspelling of country names, Vietnamese or English characters.
➤ The font and margins are irregular, and the lines are more deviated than on a real passport.

Portraits & Faces
➤ The photo is visibly overlaid, with traces of peeling and paste;
➤ Does not coincide with the current face (age, identification characteristics).

MRZ Zone (Machine Readable Zone)
➤ The MRZ (the bottom 2 lines of the data page) usually follows the ICAO standard; fake passports often exhibit:
➤ Strange characters, not in the right structure;
➤ Irregular digit spacing;
➤ Check-digit errors when scanning at the border gate.

Electronic Chip (for chip-enabled passports)
➤ The chip icon is on the cover but the scan does not retrieve the data;
➤The information in the chip does not match the printed page.
➤ When a fake passport is suspected, it should not be used for transactions. Please contact the Immigration Department or the police for inspection.

Using A Counterfeit Passport Forms Of Punishment & Regulations To Understand (updated 2025) — *Photo Description of the Article: Using a Counterfeit Passport: Forms of Punishment & Regulations to Understand (Updated 2025)*

Is there a penalty if you accidentally buy a fake passport?

➤ In fact, many people fall into the situation:
➤ Engaging a “service” to procure passports or documents for foreign travel;
➤ Being promised “fast processing, no need for complete documents”;
➤ Only later discovering that the passport was counterfeit.

Legally:
➤ If you have not yet used the fake passport to commit an illegal act and you actively report it, these are very important circumstances that authorities will consider:
➤ Whether there will be an administrative sanction;
➤ Whether you are considered a victim or a person who was deceived in the case.

If you have already used a counterfeit passport to:
➤ Exit or entry;
➤ Conduct transactions, deceiving agencies/organizations;

The procedural body may still consider administrative or criminal liability, after assessing:
➤ Whether you knew clearly that it was fake;
➤ The degree of cooperation, confession, and sincere testimony;
➤ Damage and consequences that occurred.
➤ In cases of “accidental purchase or accidental use”, An Law Vietnam – Visa Overstay & Fake Passport Legal Issues often recommends that clients:
➤ Do not continue to use passports suspected to be fake;
Contact An Law Vietnam lawyers immediately for advice on how to report, explain, and collect evidence to prove that you have been deceived.
In fact, An Law Vietnam has supported hundreds of similar cases when our clients sought the assistance of a third-party service provider for visas to travel to Vietnam, visit relatives, or survey the market for investment, etc. But our customers themselves did not know that they were using fake visas, or visas issued to the wrong subjects/for the wrong purpose….
Therefore, given the numerous schemes of criminals who forge official documents and seals, we always advise clients who suspect the use of a fake passport/visa that the “wisest choice” is to always have a lawyer by your side to: Help communicate your situation (proving it was not your fault) to the authorities, and receive timely advice in accordance with the law, to avoid the risk of an exit ban pending the expansion of the case.
You should remember that Don’t waste precious time! Any delays may affect the outcome of your case and your plans.
Every promise is nothing more than: “Practical experience => Good lawyer => Strong evidence => Good results”

How to deal with accidentally using a counterfeit passport

An Law Vietnam – Legal Services for Visa Overstay & Counterfeit Passport
If you – or a loved one – have used, or are under investigation for, a fake passport, take the following steps:
➤ Immediately stop using that passport
Do not use it to fly, carry out residence procedures, open accounts, or borrow capital.
Keep the passport in its original condition (do not destroy it arbitrarily).

➤ Collect all relevant evidence
Messages, emails, transfers, service contracts with the party who “provided the passport”;
Advertisements and exchanges on social networks;
Witnesses who can confirm that you were scammed by the broker/service.

➤ Proactively work with the authorities
In many cases, proactive reporting and cooperation are very important mitigating factors.
Evasion or escape often aggravates the case.

➤ Work with a lawyer as soon as possible
Attorneys can:
Assess criminal risk (Articles 341, 347 of the Penal Code, etc.). tapchitoaan.vn+1
Assist you in composing testimonies and preparing evidence;
Participate with you in working sessions with the police, procuratorate, and courts;
Protect your rights and minimize liability to the maximum extent within the framework of the law.

➤ If there is an element of visa overstay accompanied by a fake passport
The problem will become more complicated: involving both a violation of residence/immigration regulations and the element of forged documents.
This is also the core service segment of An Law Vietnam – Legal Services for Visa Overstay and Counterfeit Passport, with experience in processing documents, explaining cases, and protecting foreign clients in Vietnam.
Are you or your loved one facing investigation or prosecution in Vietnam?
Or: Being detained/under temporary arrest, or banned from leaving the country, for further investigation?
We are An Law Vietnam – Criminal Law Firm, built on a foundation of more than two decades of practical experience in handling complex cases. Our team of lawyers is always ready to take action to protect your legal rights and interests to the fullest.
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