Staying in Vietnam after your visa expires — without an extension — counts as overstaying your permitted residence, an administrative violation with a severe fine schedule that was raised sharply at the end of 2025. How much is the fine for overstaying a visa in Vietnam, and can you be deported? This guide sets out the current fine tiers and the applicable law.
1. Legal framework (in force)
Under Consolidated Document 62/VBHN-VPQH (2026) — the consolidated Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam (Law 47/2014/QH13 as amended) — a visa is a document issued by a competent Vietnamese authority permitting a foreigner to enter Vietnam, and a temporary residence certification fixes the period a foreigner may stay. Remaining in Vietnam after that period ends, without an extension, is an overstay.
On sanctions, one critical update: Decree 144/2021/ND-CP is no longer in force. It has been fully replaced by Decree 282/2025/ND-CP (issued 30 October 2025, effective 15 December 2025). All fine amounts below follow Decree 282/2025/ND-CP — older articles still citing Decree 144/2021 are outdated.
2. Fine schedule by length of overstay
Under Article 21 of Decree 282/2025/ND-CP, a foreigner using an expired temporary residence certification or temporary residence card faces the following fines:
| Overstay period | Fine | Legal basis |
|---|---|---|
| Under 16 days | VND 500,000 – 2,000,000 | Art. 21(2)(d) |
| 16 days to under 30 days | VND 5 – 10 million | Art. 21(4)(b) |
| 30 days to under 60 days | VND 10 – 15 million | Art. 21(5)(b) |
| 60 days to under 90 days | VND 15 – 20 million | Art. 21(6)(b) |
| 90 days to under 180 days | VND 20 – 25 million | Art. 21(7)(d) |
| 180 days to under 1 year | VND 25 – 30 million | Art. 21(8) |
| 1 year or more | VND 30 – 40 million | Art. 21(9)(e) |
Compared with the old Decree 144/2021 (maximum VND 20 million), the maximum fine has doubled to VND 40 million, with finer-grained tiers.
Examples: 10 days overstay → VND 500,000–2,000,000; 45 days → VND 10–15 million; 8 months → VND 25–30 million.
3. Can you be deported for overstaying?
Yes, in serious cases. Under Article 21(11)(b) of Decree 282/2025/ND-CP, based on the nature, gravity and consequences of the violation and any aggravating or mitigating circumstances, the competent authority may impose deportation as an additional sanction on foreigners violating Article 21(4)–(9) — i.e. overstays of 16 days or more.
Three points to understand correctly:
- Deportation is not automatic. It is an additional sanction decided case by case by the competent authority; not every overstay leads to deportation.
- The risk threshold starts at 16 days. Overstays under 16 days (Article 21(2)) draw only a fine of VND 500,000–2,000,000 — deportation does not apply under this provision.
- Lasting consequences. Beyond the fine and deportation risk, violators may be ordered to leave Vietnam, have the immigration violation recorded, and face difficulties re-entering Vietnam in the future (per guidance from the Immigration Management Division of Ninh Binh Provincial Police).
Separately, failing to comply with a deportation decision is itself fined VND 30–40 million.
4. What to do if you have already overstayed
- Stop the overstay immediately — every additional day pushes you into a higher fine tier and closer to deportation.
- Report voluntarily to the Immigration Management Division of the provincial/municipal police where you reside, pay the fine, and complete exit procedures as instructed. Voluntary reporting before being discovered is a mitigating factor under Vietnam’s Law on Handling of Administrative Violations.
- Prepare your documents: passport, expired visa/temporary residence certification, declaration forms, and any other papers the immigration office requires.
- Never use forged, altered or erased passports or visas to cover the overstay — these are separately fined — using forged passports or documents: VND 10–15 million (Art. 21(5)(a)); erasing or altering a passport: VND 3–5 million (Art. 21(3)) — and aggravate your case.
- Note: in practice, immigration authorities generally do not grant visa or residence-card extensions while you are already in overstay; violators are typically required to pay the fine and exit Vietnam before applying for a new visa.
For sponsoring enterprises: making false declarations when sponsoring a foreigner’s entry or residence, or failing to fulfil sponsorship duties, is fined VND 40–50 million under Decree 282/2025/ND-CP.
5. Frequently asked questions
Q: What is the fine for overstaying a visa by 2 days?
A: An overstay of under 16 days is fined VND 500,000–2,000,000 under Article 21(2)(d) of Decree 282/2025/ND-CP. The exact amount within the range is decided by the competent authority.
Q: Can I extend my visa while already in overstay?
A: In administrative practice, once you have overstayed, immigration offices generally require you to pay the fine and exit Vietnam before a new visa is considered, rather than extending on the spot. See our extension guide to renew on time.
Q: Who is liable if a child travelling with parents overstays?
A: Children under 14 are generally issued visas following a parent or guardian; legal responsibility for an overstay rests with the parent or guardian. Fines follow the general tiers in Article 21 of Decree 282/2025/ND-CP.
Q: Do overseas Vietnamese holding a foreign passport face the same fines?
A: Yes. Anyone entering Vietnam on a foreign passport is treated as a foreigner and subject to the same rules.
Q: Does waiting for a new residence card count as overstay?
A: If you filed your application on time and are waiting for the authority to process it, keep your filing receipt/appointment slip as proof. Processing delays by the administration are different from wilfully overstaying.
6. Legal references
- Consolidated Document 62/VBHN-VPQH dated 23 March 2026 of the Office of the National Assembly (consolidating the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam — Law 47/2014/QH13 and amending laws; in force) — Article 3: definitions (visa, residence, temporary residence certification, forced exit).
- Decree 282/2025/ND-CP dated 30 October 2025 of the Government (effective 15 December 2025; replacing Decree 144/2021/ND-CP) — Article 21: violations of exit, entry, transit, residence and travel rules (overstay fine tiers at paragraphs 2 and 4–9; deportation at paragraph 11(b)).
- Application guidance cross-checked: notice of the Immigration Management Division of Ninh Binh Provincial Police; comparison table of Decree 282/2025 vs Decree 144/2021 by Khanh Hoa Provincial Police; I-GLOCAL analysis (25 December 2025). Verified: 13 October 2026.
Internal links
- Planning your entry? See our Visa and Residence Roadmap for Foreign Investors in Vietnam for the full process from visa application to residence card.
- Need advice on an overstay case or immigration procedures? Contact FLAT Law Firm.
FLAT Law Firm — Business and investment legal counsel. This article is for reference only and does not constitute legal advice for any specific case. Please contact us for detailed advice.
