How are foreigners who overstay their visas in Vietnam handled?

Foreigners who overstay their visas in Vietnam face legal problems arising from violating immigration regulations. Handling visa overstay requires compliance with prescribed procedures. The article below will provide specific information about the handling process when foreigners who overstay their visas in Vietnam.

What is visa overstay in Vietnam?

Overstayed visa occurs when a foreigner stays in Vietnam beyond the time allowed on the visa. Visa duration is specified for each type of visa.

What to do when foreigners who overstay their visas in Vietnam

When detecting visa overdue, foreigners need to immediately contact the immigration management agency to declare and carry out procedures for applying for a new visa. Proactive reporting helps minimize the risk of heavier penalties or deportation.

The processing procedure is as follows:

• Step 1: Declare to the immigration management agency: Foreigners need to go to the Immigration Department or the Immigration Department of the police of the province or city where they are temporarily residing to declare their visa overstay status.
• Step 2: Pay administrative violation fine: Foreigners will be recorded for administrative violations and must pay fines according to regulations.
• Step 3: Apply for a new visa: After completing the fine payment procedure, the foreigner will proceed to apply for a new visa.

>>> See more: Business Visa for Foreigners – Issuance Procedures.

Procedures for granting new visas to foreigners who have overstayed their stay in Vietnam

To apply for a Vietnam visa, foreigners need to take the following steps:

Step 1: Prepare documents:

• Vietnam visa application form (Form NA1a issued with Circular 22/2023/TT-BCA).
• Passport (valid for at least 6 months) or valid international travel document.
• Documents of agencies and individuals inviting or sponsoring foreigners in Vietnam.
• Documents proving the purpose of entry of foreigners according to regulations.

Step 2: Submit application at the Immigration Department of the Ministry of Public Security.

Step 3: Get results

Time for returning results: From Monday to Friday every week (except Tet and holidays).

Penalties when foreigners who overstay their visas in Vietnam

According to regulations in Article 18 of Decree 144/2021/ND-CP, penalty for visa overstay depends on the number of days overdue, specifically as follows:

• Overdue less than 16 days: Fine from 500,000 VND to 2,000,000 VND.
• Overdue from 16 to less than 30 days: Fine from 3,000,000 VND to 5,000,000 VND.
• Overdue from 30 to less than 60 days: Fine from 5,000,000 VND to 10,000,000 VND.
• Overdue from 60 to less than 90 days: Fine from 10,000,000 VND to 15,000,000 VND.
• Overdue for 90 days or more: Fine from 15,000,000 VND to 20,000,000 VND.

In addition, foreigners are also subject to expulsion from Vietnam. Understanding the fines helps foreigners be more proactive in complying with visa regulations.

Consulting services and support for new visa issuance in Long Phan Consulting Company

Long Phan Consulting Company provides comprehensive consulting and support services for foreigners experiencing visa overstay problems. Below are our services:

• Consulting on optimal handling when visa is overdue;
• Instructions on declaration procedures and working with immigration authorities;
• Drafting documents to apply for a new visa;
• Consulting and guidance on the order and procedures for applying for a new visa;
• Representing customers to carry out visa application tasks;
• Support in resolving problems that arise during the visa processing process.

Frequently asked questions about visa overstay in Vietnam

Below are frequently asked questions about visa overstay in Vietnam by foreigners:

If I overstay my visa by just one day, will I be fined?

According to regulations, even if you are only one day overdue, you can still be subject to administrative sanctions. The fine will depend on the specific regulations and decisions of the authorities.

Can I extend my visa after it has expired?

Once your visa has expired, you cannot extend it and must apply for a new visa after paying the administrative fine.

How long does it take to process a new visa application after overdue?

Processing time for new visa applications will follow general regulations, usually 5 to 7 working days. However, this time may change depending on the actual situation and the decision of the management agency.

What can I do to avoid visa overstay?

To avoid overstaying your visa, you need to closely monitor your visa term and proactively apply for an extension or apply for a new visa before your visa expires.

What if I cannot afford to pay the fine?

If you are unable to pay the fine, you may be subject to other sanctions, including expulsion from Vietnam.

Conclude

When foreigners fall into the situation of overstaying their visas in Vietnam, legal procedures can become complicated and cause a lot of anxiety. Please contact Long Phan Consulting Company immediately via the hotline: 0906735386 for timely advice and support. We will help customers solve problems quickly and effectively.