Overstaying in Vietnam: What You Need to Know About Fines, Rules & Solutions

Overstaying your visa in Vietnam can have serious consequences, so it’s crucial to understand the implications and how to handle the situation properly. Here’s what you need to know:

1. Legal Consequences

_ Fines: Overstaying can result in fines, which vary based on the length of the overstay. 

In Vietnam, the fine for overstaying a visa is charged by days of overstaying. It is clearly provided for in Article 8 of the Circular No. 144/2021/NĐ-CP as follows:

+ Less than 16 days: VND 500,000 to VND 2,000,000 (approximately US$21 to US$85)

+ 16 days to 30 days: VND 3,000,000 to VND 5,000,000 (approximately US$126 to US$210)

+ 30 days to 60 days: VND 5,000,000 to VND 10,000,000 (approximately US$210 to US$420)

+ 60 days to 90 days: VND 10,000,000 to VND 15,000,000 (approximately US$420 to US$630)

+ More than 90 days: VND 15,000,000 to VND 20,000,000 (approximately US$630 to US$840)

Note: In some cases, fines may exceed the amounts listed above. If you overstay, please contact the Vietnam Immigration Department for guidance and to receive the exact fine amount.

_ Deportation: In severe cases, you may face deportation from Vietnam and be banned from reentering for a certain period. Deportation is the forced removal of a foreigner from a country. It is usually accompanied by a ban on future entry into the country. The duration of the entry ban varies based on the seriousness of the overstay.

2. How to Address an Overstay

_ Contact Immigration Authorities: If you realize you’ve overstayed, it’s essential to contact the Vietnam Immigration Department immediately. They can guide you through the process of rectifying your overstay and provide information on the necessary steps to take. Prompt communication is crucial to minimize any potential legal issues.

_ Pay Fines: You will need to settle any fines imposed due to the overstay. The fines are based on how long you’ve overstayed and must be paid to the appropriate authorities. Make sure to get a receipt for the payment as proof, which may be required for further processing or documentation.

_ Get an Exit Visa: You need to obtain an exit visa to legally leave Vietnam. This is particularly important if you plan to exit the country despite having overstayed your visa. The exit visa process can be handled through the Vietnam Immigration Department.

3. Avoiding Overstay

To prevent overstaying your visa, consider these proactive measures:

_ Track Your Visa Expiry: Regularly check your visa expiration date and set reminders well in advance. This will help you plan your departure or apply for an extension before your visa expires. Keeping track of these dates can prevent inadvertent overstays.

_ Stay Informed: Regularly review any changes in visa regulations or policies that may affect your stay. This will ensure you remain compliant with local laws and avoid any unintentional violations.

_ Apply for a Longer Validity Visa: To avoid any unexpected incidents, consider applying for a visa that is valid for a longer period than your planned itinerary. This will provide a buffer in case your plans change or if you encounter any delays.

By understanding these key points and staying proactive about your visa status, you can effectively manage your stay in Vietnam and avoid the pitfalls of overstaying.