When a foreigner is found residing illegally in Vietnam, what happens — a fine, forced exit, or deportation? The short answer: it depends on the nature and seriousness of the violation. The process runs: detection and reporting → administrative violation record → fines on a 7-tier overstay scale → forced exit, and in serious or repeat cases → deportation under Decree 59/2026/ND-CP (effective 01/4/2026).
1. What counts as “illegal residence”?
In this article, “illegal residence” covers: overstaying a visa, temporary residence certificate or residence card without exiting; residing without valid documents (illegal entry followed by stay); residing in prohibited areas. Unlawful residence is strictly prohibited under Clause 3, Article 5 of the Law on entry, exit, transit and residence of foreigners in Vietnam (consolidated document 62/VBHN-VPQH).
2. Whoever detects it must report to the police immediately
Agencies, organisations and individuals detecting signs of violations of the law on entry, exit, transit and residence of foreigners must immediately notify the nearest police authority (in border areas: the nearest police office or border-guard post/station) — Clause 2, Article 45a of 62/VBHN-VPQH.
3. Step 1 — Record the administrative violation
The competent force draws up an administrative violation record under the Law on Handling Administrative Violations (as amended by Law 67/2020/QH14 and subsequent amending laws). Where necessary, administrative detention may be applied to stop the violation from continuing or to secure enforcement of the sanctioning decision.
4. Step 2 — Administrative fines under Article 21 of Decree 282/2025
Decree 282/2025/ND-CP (effective 15/12/2025, replacing Decree 144/2021/ND-CP), Article 21, sets fines on a 7-tier overstay scale: under 16 days VND 0.5–2 million (point đ, Clause 2); 16 days to under 30 days VND 5–10 million (point b, Clause 4); 30 days to under 60 days VND 10–15 million (point b, Clause 5); 60 days to under 90 days VND 15–20 million (point b, Clause 6); 90 days to under 180 days VND 20–25 million (point d, Clause 7); 180 days to under 01 year VND 25–30 million (Clause 8); 01 year or more VND 30–40 million (point e, Clause 9). Illegal border crossing followed by undocumented stay: VND 30–40 million.
5. Step 3 — Forced exit
Foreigners who remain in Vietnam after their permitted stay expires without exiting may be subject to forced exit (Article 30, Clause 1, point a of 62/VBHN-VPQH); the competent authority is the immigration management authority.
6. Step 4 — Deportation under Decree 59/2026 (serious/repeat cases)
Deportation is a sanctioning measure applied under Decree 59/2026/ND-CP (effective 01/4/2026, wholly replacing Decree 142/2021/ND-CP — never cite anything from Decree 142/2021 as current authority). The procedure under Article 8 of Decree 59/2026: the enforcement officer records the administrative violation → sends the documents to the provincial-level police immigration management authority where the violation occurred (or the Immigration Department of the Ministry of Public Security where detected by a central-level agency) → within 03 working days of receipt, the immigration management authority reviews and completes the dossier proposing deportation. While the procedure is underway, the violator may be subject to management measures: travel restrictions, designated residence, and temporary retention of the passport/identity documents.
7. Consequences for re-entry
Deported persons → entry refused for 03 years from the effective date of the decision (Article 21, Clause 5 of 62/VBHN-VPQH); persons subject to forced exit → 06 months (Article 21, Clause 6 of 62/VBHN-VPQH). Note: this article states no fixed threshold separating “fine + forced exit” from “deportation” — the applicable measure is decided by the competent authority based on the nature and seriousness of the violation.
8. Beyond administrative sanctions → criminal liability (warning)
Under the current Penal Code: remaining in Vietnam illegally after having been administratively sanctioned for the same act and re-offending — Article 347 (fine of VND 5–50 million or 06 months to 3 years’ imprisonment); organising or brokering others’ illegal stay in Vietnam for profit — Article 348 (1–5 years’ imprisonment; aggravated 5–10 or 7–15 years). The criminal content here is a warning only, not a deep analysis.
FAQs
How many days of overstay trigger deportation?
There is no fixed threshold. Deportation applies in serious or repeat cases, decided by the competent authority based on the nature and seriousness of the violation.
After forced exit, can I re-enter immediately?
No. Entry is refused for 06 months from the effective date of the forced-exit decision (Article 21.6).
Which decree governs deportation procedure now?
Decree 59/2026/ND-CP (effective 01/4/2026) — Decree 142/2021/ND-CP has expired and no longer applies.
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The information above is for reference only and does not constitute legal advice.
Transparency note: This article was drafted by FLAT Law Firm\u2019s AI content production system and reviewed by the internal review board (AI Legal Council QA). It has not been reviewed by a human lawyer.