How Will Foreigners Be Penalized If They Enter Vietnam And Stay Beyond The Duration Of The Visa?

1. The temporary residence period of foreigners entering Vietnam when being granted a visa?

According to Clause 13 Article 1 Amendments to a number of articles of Law on the entry, exit, transit, and residence of foreigners in Vietnam in 2019:

Article 31: Temporary residence permit
“1. A foreigner making entry without having a valid temporary resident card or permanent residence card shall be issued with a temporary residence certificate at the border checkpoint valid within the definite period as follow:
a) Period of temporary residence granted shall equal his/ her visa validity; in case his/ her visa is encoded as DL and valid for more than 30 days, he/ she shall be granted temporary residence for 30 days and shall be considered for extension of temporary residence as specified in Article 35 of this Law;
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2. Foreigners may temporarily reside in Vietnam throughout the duration of the temporary residence permit issued;
3. The limit for the temporary residence may be shortened or invalided by the immigration authority when the foreigner violates Vietnam's Law.”

Accordingly, foreigners entering without permanent residence cards or valid temporary residence cards will be issued with a certificate of temporary residence at the border gate with a temporary residence period equal to the visa duration. In the case of visas with the symbol DL - Issued to people who enter to visit for more than 30 days, they will grant temporary residence for 30 days and be considered for an extension of temporary residence according to regulations.

2. Can foreigners who enter Vietnam get a visa to extend their temporary stay?

Article 35 of the Law on the entry, exit, transit, and residence of foreigners in Vietnam in 2014 provides for the extension of temporary residence:

“1. Any foreigner who is temporarily residing in Vietnam and wishes to have the temporary residence status extended must request the inviting entity to follow the procedures at an immigration authority or a competent authority of the Ministry of Foreign Affairs.
2. The inviting entity mentioned in Clause 1 of this Article shall directly send the written request for an extension of the temporary residence status enclosed with a passport or laissez-passer of the foreigner to the competent authority of the Ministry of Foreign Affairs in the cases mentioned in Clauses 1, 2, 3, and 4 Article 8 of this Law, or at the immigration authority in the cases mentioned in Clause 1 Article 16 of this Law.”

Accordingly, in case the temporary residence expires, if he/she wants to stay legally in Vietnam, he/she must carry out procedures for the extension of temporary residence. Foreigners who are temporarily residing in Vietnam and wish to extend their temporary residence must request agencies, organizations, or individuals to invite or guarantee to carry out procedures at the immigration management agency or competent authority of The Ministry of Foreign Affairs.

3. What are the penalties for foreigners entering Vietnam and staying beyond the temporary residence period?

3.1. Monetary fine:

A fine of from VND 500.000 to VND 2.000.000 shall be imposed for: A foreigner who still uses a certificate of temporary residence, approval of temporary residence extension or temporary resident card, or fails to apply for a replacement of permanent residence card for residing in Vietnam without obtaining permission from a competent authority when one of these documents has been expired for less than 16 days;
A fine of from VND 3.000.000 to VND 5.000.000 shall be imposed for: A foreigner who still uses a certificate of temporary residence, approval of temporary residence extension or temporary resident card, or fails to apply for a replacement of permanent residence card for residing in Vietnam without obtaining a permission from a competent authority when one of these documents has been expired for from 16 days to less than 30 days;
A fine of from VND 5.000.000 to VND 10.000.000 shall be imposed for: A foreigner who still uses a certificate of temporary residence, approval of temporary residence extension or temporary resident card or fails to apply for replacement of permanent residence card for residing in Vietnam without obtaining permission from a competent authority when one of these documents has been expired for from 30 days to less than 60 days;
A fine of from VND 10.000.000 to VND 15.000.000 shall be imposed for: A foreigner who still uses a certificate of temporary residence, approval of temporary residence extension or temporary resident card, or fails to apply for replacement of permanent residence card without obtaining permission from a competent authority when one of these documents has been expired for from 60 days to less than 90 days;
A fine of from VND 15.000.000 to VND 20.000.000 shall be imposed for: A foreigner who still uses certificate of temporary residence, approval of temporary residence extension or temporary resident card or fails to apply for replacement of permanent residence card without obtaining permission from a competent authority when one of these documents has been expired for 90 days or more.