Realizing you've overstayed your Vietnam visa — even by a single day — is a stressful moment for any expat or traveler. Vietnamese immigration law treats overstays strictly, and as of December 15, 2025, the penalties have increased significantly. If you're unsure of your status, confused about the fine schedule, or worried about deportation, the key is to act immediately and voluntarily. This guide breaks down the official fine tiers, explains the deportation risk, and tells you exactly what to do if you've overstayed.
What Does Vietnamese Law Say About Overstaying?
Under Vietnamese law, foreigners must strictly comply with the temporary residence period granted upon entry. Staying even one day past this period is considered an administrative violation. The legal basis for penalties is Decree No. 282/2025/ND-CP, effective from December 15, 2025, which replaced the previous Decree 144/2021/ND-CP and significantly increased fines.
Official Overstay Fine Schedule (Effective December 15, 2025)
The fines escalate sharply based on how long you've overstayed. The exact amount within each range is determined by the nature, severity, and consequences of the violation, as well as mitigating or aggravating circumstances.
| Overstay Duration | Fine Range (VND) | Approx. USD |
|---|---|---|
| Less than 16 days | 500,000 – 2,000,000 | $19 – $76 |
| 16 to under 30 days | 5,000,000 – 10,000,000 | $190 – $380 |
| 30 to under 60 days | 10,000,000 – 15,000,000 | $380 – $570 |
| 60 to under 90 days | 15,000,000 – 20,000,000 | $570 – $760 |
| 90 to under 180 days | 20,000,000 – 25,000,000 | $760 – $950 |
| 180 days to under 1 year | 25,000,000 – 30,000,000 | $950 – $1,140 |
| 1 year or more | 30,000,000 – 40,000,000 | $1,140 – $1,520 |
What Happens If You Overstay More Than 16 Days?
This is where the consequences become serious. In addition to the fine, immigration authorities can apply deportation (trục xuất) for overstays of 16 days or longer.
Beyond deportation itself, this can trigger:
- Entry ban: Deportation may result in a prohibition from re-entering Vietnam for a specified period.
- Future visa complications: An overstay record can make future visa or TRC applications extremely difficult or impossible.
- Sponsor liability: Your sponsoring organization, employer, or landlord may also face administrative penalties. For organizations, fines can be double the individual rate.
What Should You Do If You've Already Overstayed?
Do not attempt to leave the country without resolving your status. Immigration authorities advise that voluntarily reporting your overstay and paying the fine can be treated as a mitigating factor in the official review.
Step-by-Step: Resolving Your Overstay
- Step 1: Go to the immigration office immediately. Report to the Immigration Management Office of the Provincial Police or the Immigration Department (Cục Quản lý xuất nhập cảnh) in Hanoi or Ho Chi Minh City.
- Step 2: Bring your passport and any relevant documents. The officer will review your entry stamp and determine the exact overstay duration.
- Step 3: Pay the fine. You will receive a decision and a receipt. Keep this receipt — it proves you resolved the violation.
- Step 4: Apply for an extension or exit. Depending on your case, you may be able to apply for a visa extension (Form NA5) or you may need to exit Vietnam and re-enter with a new visa.
Can You Extend an Expired Visa?
This is a critical distinction. If your visa has already expired, you generally cannot apply for an "extension" — instead, you must apply for a new visa. Under the Law on Entry, Exit, Transit, and Residence of Foreigners, an expired visa is considered for a new visa rather than a renewal.
However, the practical process may involve paying the overstay fine first, then submitting an application for a new visa or temporary residence extension. The specific outcome depends on your circumstances and the discretion of the immigration officer. Verify the exact process at the immigration office handling your case.
Frequently Asked Questions
How much is the fine for overstaying 10 days in Vietnam?
An overstay of fewer than 16 days carries a fine of 500,000 to 2,000,000 VND (approximately $19–$76). The exact amount depends on the circumstances of the violation.
Can I be deported for overstaying 20 days in Vietnam?
Yes. For overstays of 16 days or more, authorities may impose deportation as an additional penalty. The decision depends on the nature, severity, and consequences of the violation, as well as any mitigating factors such as voluntary reporting.
What happens if I try to leave Vietnam with an overstay?
Immigration authorities advise against leaving without resolving your status first. You may face detention, forced payment of fines, and a formal overstay record that could affect future entry. Report to the immigration office before attempting to depart.
Can my sponsoring company be fined for my overstay?
Yes. Organizations that sponsor foreigners and fail to ensure compliance can face administrative penalties. For organizations, the fine can be double the individual rate for the same violation.
How do I check my exact temporary residence expiration date?
Check the stamp placed in your passport upon entry or the expiration date on your Temporary Residence Card (TRC) or visa extension certificate. If you have any doubts, contact the Immigration Management Office for clarification.