OVERSTAYING FOREIGNERS IN VIETNAM: WHAT TO DO?

Before Vietnamese visa expires, foreigners need to have their visas extended to not only prolong their stay in Vietnam but also avoid overstaying penalties and deportation. How are Vietnamese visas extended?
1. Penalty for overdue visa in Vietnam
It is considered as an illegal activity when foreigners try to overstay after their visa expires without notifying the immigration administrations of their overstaying. As a result, they will have to incur a punishment of paying a penalty or being deported out of Vietnam.
It is clearly provided for in Article 8 of the Decree No. 144/2021/NĐ-CP as follows:
· Overstaying for less than 16 days: VND 500,000 – VND 2,000,000
· Overstaying for 16 days – less than 30 days: VND 3,000,000 – VND 5,000,000
· Overstaying for 30 days – less than 60 days: VND 5,000,000 – VND 10,000,000
· Overstaying for 60 days – less than 90 days: VND 10,000,000 – VND 15,000,000
· Overstaying for at least 90 days: VND 15,000,000 – VND 20,000,000
Limitations in immigrating to Vietnam or banning from entering the country (usually 02 - 05 years) can be implemented if foreigners fail to follow Vietnam Visa rules, or commit any offense in Vietnam.
2. Visa Renewal Requirements
In case of overstaying in Vietnam, foreigner need to apply for an exit visa or have their visa extend under a company or an individual.
For a visa to be extended in Vietnam, foreigners need to adapt all these following requirements:
 Their passports are valid in more than 01 month.
 Having a sponsor (a company of an individual)
 Registering temporary residence in the place where they reside
 Having paid penalty fee for the overstaying
3. Application dossiers for visas extension
 Application dossiers for visas extension
 An original passport with Vietnam visa
 Declaration form for issuance, supplement, amendment of visa and extension of temporary residence (Form NA5)
 A copy of temporary residence declaration
 Other copies depend on the purpose of entry: work permit/ the enterprise registration certificate/ family relationship proof document/ etc.
 Company introduction letter
 Form of explaining the reason for visa extension.
4. Procedure of an expired visa extension
Step 1: Presenting yourself at Vietnam Immigration Department for solving violations
Step 2: Preparing dossiers for visa extension
Step 3: Submitting the documents of visa extension at:
 Vietnam Immigration Department, or
 Immigration Office of the city where the enterprise is headquartered
Step 4: Receiving result and paying visa extension fee: Time for processing Vietnam visa extension is from 5 to 7 working days from the day when all the documents are completed.