Overstay Visa in Vietnam: How Are Foreigners Penalized and Handled?

1. Situation Overview: Why Visa Overstay Is a Serious Issue in Vietnam?
Overstaying a visa in Vietnam is not considered a minor administrative error. For foreigners, even a short overstay may result in:

  • Administrative fines
  • Exit bans
  • Forced deportation
  • Future visa restrictions

Many cases escalate simply because foreigners do not know how Vietnamese immigration authorities handle overstays in practice.

  1. What Is Considered Visa Overstay in Vietnam?
    A foreigner is considered to have overstayed when they:
  • Remain in Vietnam after the visa expiry date; or
  • Stay beyond the permitted duration stated on the visa or entry stamp

📌 Important note:
There is no grace period under Vietnamese immigration law.

3. Vietnam Visa Overstay Penalties (Updated Practice)
Penalties depend mainly on the number of overstay days.

⚠️ Actual outcomes may vary depending on:

  • Reason for overstay
  • Cooperation with authorities
  • Previous immigration history

4. How Immigration Authorities Handle Overstay Cases in Practice?

📌 In serious cases, foreigners may be placed under temporary exit supervision.

 

5. Can Foreigners Stay and Fix the Overstay Inside Vietnam?

In most cases: NO.

Vietnamese practice generally requires:

  • Payment of fine
  • Exit from Vietnam
  • Re-entry with a proper visa (if permitted)

👉 If your overstay relates to work issues, see also:
Work Permit for Foreigners in Vietnam (internal link to Article 1)

 

6. Common Reasons Foreigners Overstay Their Visa

From real cases handled by lawyers, the most common reasons include:

  • Waiting for work permit approval
  • Waiting for Temporary Residence Card issuance
  • Misunderstanding visa validity
  • Company sponsorship delays

👉 Related reading:
Temporary Residence Card in Vietnam (internal link to Article 3)

7. What NOT to Do If You Overstay Your Visa?

Foreigners should avoid:

  • Hiding or staying illegally for extended periods
  • Using tourist visas to “buy time”
  • Leaving Vietnam without clearing overstay penalties
  • Providing false explanations to immigration officers

These actions may worsen the situation and lead to long-term entry bans.

8. How a Lawyer Can Help in Overstay Cases

Legal support is particularly important when:

  • Overstay exceeds 15–30 days
  • There is a pending work permit or TRC
  • The foreigner faces deportation risk
  • The case involves business or employment

A lawyer can assist with:

  • Immigration communication
  • Legal explanations and documentation
  • Minimizing penalties and delays
  • Planning lawful re-entry strategies

9. Key Takeaway for Foreigners in Vietnam

Visa overstays are manageable if addressed early, but they can become serious legal problems if ignored.

If you suspect or confirm an overstay:

  • Do not delay
  • Seek legal guidance immediately
  • Cooperate fully with immigration authorities

 

📞 Contact DHH Law Firm Today

If you or your company is dealing with a visa overstay situation, professional legal assistance can make a critical difference.

🏢 Main Office: 2nd Floor, 829 Huynh Tan Phat Street, Phu Thuan Ward, Ho Chi Minh City, Vietnam
📞 Hotline: +84 89 9352 777 (VN) | +84 89 9351 777 (ENG)
🌐 Website: www.dhhlawfirm.vn
📧 Email: contact@dhhlawfirm.vn

DHH Law Firm – Your trusted legal partner for family and foreign-related civil procedures in Vietnam.

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