Deportation from Vietnam used to be a vague threat people repeated at the border without knowing what it meant. Since April 1, 2026 it is a written procedure with timelines, named decision makers, and a list of rights you can actually use. Decree 59/2026/ND-CP replaced the old rules under Decree 142/2021 and it changes what happens to someone whose overstay stops being a fine and starts being removal.
If you are in Saigon right now and worried about a 16-day overstay, or you are trying to understand what a friend's deportation decision means, this page walks through the decree in plain language.
What changed on April 1, 2026
Decree 59/2026/ND-CP was signed on February 13, 2026 and took effect on April 1. It runs to six chapters and 44 articles and it covers three things at once: deportation as an administrative penalty, holding people in temporary custody while the paperwork is done, and escorting them to the departure point.
The headline change is that the whole process is digitalised. Case files, custody decisions, escort arrangements and the notification chain now move electronically between the police, immigration and the Ministry of Foreign Affairs. In practice that means fewer paper delays and a much shorter gap between a decision and a knock on the door.
Three other changes matter if you are the one being removed:
- Minors in custody must be held separately from adults (Article 23).
- Daily food and water rations for detainees were doubled, with meat going from 0.1 kg to 0.2 kg per day (Article 28).
- People facing removal have explicit rights to consular contact, legal representation or legal aid, and interpreters. Under the old decree the only stated remedy was a general complaint.
One thing did not change. Deportation is still an administrative penalty, not a criminal conviction. It is decided by an administrative decision, and it is separate from whatever visa or residence status you held.
What actually triggers deportation
The old fine scale was replaced by Decree 282/2025/ND-CP, which took effect on December 15, 2025 and doubled the ceiling from 20 million to 40 million VND. It also drew a hard line at day 16. Below 16 days you are in the cheapest bracket and deportation is not on the table. From 16 days onward the fine jumps and deportation becomes a sanction authorities can add on top.
| Overstay | Fine (VND) | Approx. USD |
|---|---|---|
| Under 16 days | 500,000 – 2,000,000 | $19 – $76 |
| 16 to under 30 days | 5,000,000 – 10,000,000 | $190 – $380 |
| 30 to under 60 days | 10,000,000 – 15,000,000 | $380 – $570 |
| 60 to under 90 days | 15,000,000 – 20,000,000 | $570 – $760 |
| 90 days to under 6 months | 20,000,000 – 25,000,000 | $760 – $950 |
| 6 months to under 1 year | 25,000,000 – 30,000,000 | $950 – $1,140 |
| 1 year or more | 30,000,000 – 40,000,000 | $1,140 – $1,520 |
Overstaying is the most common route into a deportation file, but it is not the only one. Working without a permit, running a business on a tourist entry, using a fake stamp or document, or having a prior removal on your record all put you in the same category. So does staying in Vietnam after a temporary exit suspension. The suspension stops you leaving until an unpaid penalty is cleared and it can run for up to three years while it is outstanding.
Article 10 of the decree created a mechanism that catches people out. If you cannot pay the administrative fine, the deportation decision can be executed immediately, and enforcement of the fine is terminated at the same time. Being broke does not delay removal. It speeds it up.
Who can order it
Decree 59/2026 names the officials who can issue a deportation decision, by referring back to Decree 189/2025/ND-CP. The list is short:
- The Director of the Immigration Department under the Ministry of Public Security.
- Provincial police chiefs.
- Heads of immigration divisions.
The same official who signs the deportation decision also decides on the management measures that apply while you wait, which removed several layers of approval that used to slow things down. If someone is holding your passport at Moc Bai or at 254 Nguyen Trai and telling you a deportation file has been opened, the decision itself has to come from one of those three levels. Ask to see it.
Your rights once a decision is issued
This is the part most people never hear about, because the conversation at the counter usually stops at "you must go". Under Articles 7 and 9 of the decree you are entitled to:
- Be told why. You must receive the reasons for expulsion and a copy of the decision at least 48 hours before it is enforced. Vietnam's Ministry of Foreign Affairs and your consulate are notified in the same window.
- Contact your embassy or consulate. This is a direct right, not a favour, and consular officers can request to visit you if you are in custody.
- Reach a lawyer or legal aid. If you are held in temporary custody you can contact a lawyer or a legal aid organisation.
- Get an interpreter. You are entitled to one when working with Vietnamese authorities. Sign nothing you have not had translated.
- Ask for a review. You can formally request reconsideration of the decision, which goes beyond the general complaint route that existed before.
- Keep your property. You may take your lawful assets out of the country.
- Be housed properly. If you are placed at a designated establishment instead of custody, the regimes under Decree 65/2020 apply, and the state covers food, drink and lodging where you cannot.
The 48-hour rule is the most useful thing on this page. It gives you a working window to call a lawyer and your consulate before the flight is booked. Get a copy of the decision in your hand: the departure deadline is written into it, and there is no standard number of days you can fall back on if you lose the paper.
Custody, escort and how long either lasts
Deportation is not always a door-to-door event. Some people are held in temporary custody under administrative procedures while the file is assembled and the flight is arranged. Article 16 covers who can order that and how it is reported: if the person held is a foreigner, the decision maker must notify the superior agency immediately so the Ministry of Foreign Affairs can inform the consulate, and a consular visit can be arranged on request.
The decree does not put a single number of days on custody. The period follows the general rule in the Law on Handling of Administrative Violations and it has to be stated in the decision for your specific case. That is the practical point: read the decision, because the deadline on your paperwork is the one that applies.
Escort, or áp giải, covers the move from where you were picked up to the immigration facility and then to the exit point. It is a transport measure for public order, not a separate penalty.
The four reasons enforcement can be postponed
The decree expanded the grounds for delay. An expulsion decision can be postponed when:
- You are seriously ill, need emergency treatment, or are mid-treatment and cannot travel, with a medical establishment certifying it.
- Civil, administrative or economic obligations are still outstanding under the law.
- You are a suspect, defendant or litigant in a case that an investigative authority is handling.
- Epidemics, natural disasters, war, or the receiving country has not agreed to admit you.
The reason has to be documented and it has to hold up. When it stops applying, the decision resumes, and the official who issued the decision is the same one who approves the postponement, so there is no separate appeal loop to buy time in.
How long a ban lasts
A re-entry ban sits on top of the fine and the removal. Article 21 of the Law on Entry, Exit, Transit and Residence of Foreigners, as amended in 2023, sets the frame: a formal deportation decision carries a re-entry ban of up to three years running from the date of the decision, while the lighter "forced exit" measure carries up to six months.
In practice the length tracks how bad the file looks, and the reported pattern is roughly this:
| Overstay | Typical outcome |
|---|---|
| Under 16 days, self-reported and paid | Usually a fine and a record, rarely a formal ban |
| 16 to 90 days | Deportation possible; bans of 1 to 3 years reported, especially where it was not self-reported |
| 90 days or more | Removal expected; bans of 3 years and up, longer with aggravating factors |
| Repeat or aggravated cases | Long bans, and a permanent bar is possible in extreme cases |
Two things about a ban are worth knowing before you panic. It only starts once you have left: a temporary exit suspension is what stops you leaving while a penalty is unpaid, and the re-entry ban begins after departure. And a ban is not the same as a blacklist entry you can never clear. People come back on new visas after standard bans expire, though the old record shows up when the visa is reviewed.
Deportation is not the same as being refused entry
These get mixed up constantly, and the difference matters a lot. A refusal at Moc Bai happens at the counter. An officer decides not to let you in, you are sent back to the Cambodian side, and there is no administrative penalty decision against you. You turn around and figure out a new plan.
Deportation is a decision made inside the country by a senior immigration or police official, with a file, a sanction and a ban attached. You are already in Vietnam when it lands. That is why the two are handled differently: a refusal is a bad day, a deportation is a legal event.
If you have not been denied yet but you are worried about the pattern of your entries, the fix is to change the pattern. Space the runs out, keep your paperwork clean, and stop relying on repeated short entries as a long-stay strategy. Our guide to how many visa runs you can do goes through what officers look at, and the refused-entry page covers what to do at the counter.
If you are facing this right now
The order of operations matters more than anything else.
- Get the decision. Ask for a copy and photograph it. The departure deadline is written on it.
- Contact your consulate the same day. You have the right to, and they can attend meetings and arrange visits if you are held.
- Get a lawyer or legal aid organisation on the phone. If you are in custody, this is an explicit right under Article 27.
- Do not stay past the deadline in the decision. Overstaying a removal order is how a short ban turns into a long one.
- If a medical or legal reason for postponement exists, produce documents for it now, not on the day.
- Fix the record once you are out. Clear outstanding obligations, keep your receipts, and get advice before you apply for a new visa.
What we cannot do is undo a decision. Visa run services move people across the border legally and get the paperwork right the first time. Nobody on the visa-run side of the industry can cancel a fine, a record or an expulsion order, and anyone who says otherwise is taking your money. If you have already overstayed, our overstay exit guide covers the fine and the crossing at Moc Bai.
Frequently Asked Questions
At what point does an overstay become a deportation case in Vietnam?
Sixteen days. Under Decree 282/2025 an overstay of fewer than 16 days stays in the bottom fine bracket of 500,000 to 2,000,000 VND and deportation is not applied. From day 16 the fine moves to 5,000,000 VND and up, and deportation becomes a sanction authorities can add to it.
Will I be told before I am deported?
Yes. Decree 59/2026 requires you to be given the reasons and a copy of the decision at least 48 hours before it is enforced. Vietnam's Ministry of Foreign Affairs and your country's consulate are notified in that same window.
Can I be deported if I cannot pay the fine?
Yes, and it makes removal faster. Article 10 allows immediate deportation where the person cannot pay the administrative fine, with enforcement of the fine terminated instead. Not paying does not buy you time.
Can I appeal a deportation decision in Vietnam?
You can request a formal review of the decision, which Decree 59/2026 made an explicit right rather than leaving you with the general complaint process. In practice you should pair that with a lawyer and your consulate, because the departure deadline in the decision keeps running while a review is considered.
Does a deportation ban apply to every country or just Vietnam?
The ban is Vietnam's. It stops you entering Vietnam, not other countries. That said, a removal record can surface in visa applications elsewhere if the form asks about prior deportations, and border officers in other countries sometimes see stamp patterns.
Can a visa run service stop me being deported?
No. A border run moves you out and back in legally, and it is the right answer for an expiring visa. It cannot cancel a fine, remove a blacklist entry or reverse an expulsion order. If an overstay file is already open, talk to a lawyer and your consulate first.
Do not let it get to that point
Most deportation files start with a date somebody forgot. If your visa or e-visa is running out, a same-day Moc Bai run from Ho Chi Minh City resets the clock legally, with transport, the Cambodia entry and the new Vietnam e-visa handled for you.
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