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What happens when a foreigner’s visa expires? (cases handled and fines)

I. Visa duration for foreigners in Vietnam

Pursuant to Article 8 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam in 2014, amended and supplemented in 2019, there are a total of 21 types of visas issued to foreigners. in Vietnam, including large groups such as diplomacy (NG), work (LV), investment (Investment), business (DN), study (DH), reporter (PV), labor (LD), visiting relatives (VR),… depending on the foreigner’s purpose of entering Vietnam.

Foreigners can enter and reside legally in Vietnam based on the prescribed period of time depending on the type of visa they are issued. Pursuant to Article 9 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam, the duration of visa types is prescribed as follows:

“1. SQ visas are valid for no more than 30 days.

2. Visas with symbols HN, DL, EV are valid for no more than 90 days.

3. VR visa is valid for no more than 180 days.

4. Visa symbols NG1, NG2, NG3, NG4, LV1, LV2, DT4, DN1, DN2, NN1, NN2, NN3, DH, PV1, PV2, TT are valid for no more than 01 year

5. Visas labeled LD1, LD2 are valid for no more than 02 years

5a. Visa code DT3 is valid for no more than 3 years

6. Visas with symbols LS, DT1, DT2 are valid for no more than 05 years”

When the above time limit expires, the foreigner must extend his visa if eligible for extension or must leave Vietnam if his visa is not extended. If the foreigner fails to do either of the above two things beyond the time limit stated on the visa, he or she will be fined and handled according to law.

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What happens when a foreigner's visa expires? (cases handled and fines)

II. Cases handled and fines

Pursuant to Article 18 of Decree 144/2021/ND-CP regulating penalties for administrative violations in the field of social order and security, foreigners can be fined from 500,000 VND to 20,000,000 VND if using Overstay your visa in Vietnam and may be subject to expulsion from Vietnam:

“2. Fine from 500,000 VND to 2,000,000 VND for one of the following acts:

d) Foreigners use temporary residence certificates, temporary residence extensions, temporary residence cards, and do not renew permanent residence cards in Vietnam for a period of less than 16 days without permission from a competent authority.

3. Fine from 3,000,000 VND to 5,000,000 VND for one of the following acts:

e) Foreigners use temporary residence certificates, temporary residence extensions, temporary residence cards, or non-replacement of permanent residence cards in Vietnam for more than 16 days to less than 30 days without permission from a competent authority

4. Fine from 5,000,000 VND to 10,000,000 VND for one of the following acts:

b) Foreigners use temporary residence certificates, temporary residence extensions, temporary residence cards, or non-replacement of permanent residence cards in Vietnam for more than 30 days to less than 60 days without permission from the competent authority.

5. Fine from 10,000,000 VND to 15,000,000 VND for one of the following acts:

b) Foreigners use temporary residence certificates, temporary residence extensions, temporary residence cards, and do not issue permanent residence cards for more than 60 days to less than 90 days without permission from a competent authority;

6. Fine from 15,000,000 VND to 20,000,000 VND for one of the following acts:

d) Foreigners use temporary residence certificates, temporary residence extensions, temporary residence cards, and do not renew permanent residence cards for more than 90 days or more without permission from a competent authority;

b) Expel foreigners who commit administrative violations specified in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article.”

To save time on researching procedures, filling out forms, notarizing, and waiting to submit documents, you can contact HT for consultation and assistance for Visa

Contact us at:

Email: hue.truong@htlaw.vn

Phone: +84 935 439 454.

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