Overstay in Vietnam in 2026: Fines, deportation, and how to minimize the consequences..

On December 15, 2025, Decree 282/2025/NĐ-CP came into effect in Vietnam, significantly increasing penalties for visa violations.
For all foreigners—tourists, expats, and businesspeople—even a short overstay is no longer a formality; it's a full-fledged migration risk with long-term consequences.

What is overstay in Vietnam?

An overstay is a violation of Vietnam's immigration regulations when a foreigner exceeds the permitted period of stay in the country:

• with a visa,
• visa-free entry,
• after the expiration of a residence card,
• or any other residence permit.

Even one or two days of overstay are considered a violation of immigration laws.

Vietnam to Tighten Overstay Penalties (2025): Fines, Deportation, and Entry Bans

According to Decree 282/2025/NĐ-CP, fines for violating the rules of stay for foreigners have been increased and depend on the length of the overstay:

• Less than 16 days: VND 500,000–2,000,000
• 16–30 days: VND 5,000,000–10,000,000
• 30–60 days: VND 10,000,000–15,000,000
• 60–90 days: VND 15,000,000–20,000,000
• 90–180 days: VND 20,000,000–25,000,000
• 180 days – less than 1 year: VND 25,000,000–30,000,000 VND
• More than 1 year: VND30,000,000–40,000,000 (up to USD 1,520)

But most importantly, the fine is not the only penalty.

The key change in the new decree is the expanded powers of immigration authorities. In addition to fines, authorities can apply:

• deportation,
• re-entry ban (blacklist) for up to 10 years.

In practice, this can be used not only for months-long overstays, but even for short overstays, if the circumstances are deemed aggravating.

The decree also toughens penalties for failure to register at a foreigner's place of residence. Large fines are provided for both foreigners and hotels/property owners who fail to comply with the law.

Not every overstay is created equal

It's important to understand that immigration procedures in Vietnam are not an automatic fine calculator, but an administrative process.

The final decision is influenced by:

• the length and reason for the overstay;
• visa type;
• migration history;
• the presence or absence of legal violations;
• the presence of a business, investments, family, or long-term plans in the country;
• how and when you take action.

Similar overstay periods can result in completely different consequences.
If the police or immigration service identifies an offender during a raid or inspection, the situation typically unfolds according to the most severe scenario: the violation is recorded on the spot, there is no time to prepare documents, a formal approach, and a high risk of additional measures, including deportation and an entry ban.

You can book a consultation by following the link below.

Book a consultation with an expert on visa issues in Vietnam

Cases are different when a foreigner independently initiates visa status regularization before an inspection. In such a situation, it becomes possible to act within the legal framework: correctly complete the documents, explain the circumstances, choose the optimal procedure for exiting the overstay, and significantly mitigate the negative consequences.

That's why, in an overstay, not only the duration of the violation but also the moment the action begins is crucial.

Legal support for overstays and expedited Vietnam visa processing

We provide legal support for immigration and visa matters, including situations involving overstays in Vietnam, when it's important to:

• correctly close the overstay period;
• minimize fines and the risk of deportation;
• maintain the possibility of legal stay and entry in the future.

The sooner you begin working on your visa status, the more legal options you have. Each case is unique. The correct procedure and legal support are crucial.

We also provide expedited e-Visa processing services when standard processing times are no longer applicable.