ASEAN NEWS | LIFE+STYLE-Expat Corner | Việt Nam to fine travel companies for tourists’ illegal overstays
HÀ NỘI — Under a new decree, travel companies that host foreign tourists who abscond and remain illegally in Việt Nam, or Vietnamese tourists who stay abroad unlawfully, will face administrative fines of up to VNĐ40 million (US$1,520).The regulation is stipulated in Decree 348/2025/NĐ-CP, issued by the Government on December 30, 2025, which amends several provisions of Decree 45/2019/NĐ-CP on administrative sanctions in the tourism sector (as amended by Decree 129/2021/NĐ-CP).
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The new decree will take effect on February 15.
Specifically, under Point d, Clause 9, Article 21 of Decree 282/2025/NĐ-CP, acts of organising, brokering, assisting, inciting, harbouring, concealing or otherwise facilitating others to illegally exit, enter or remain in Việt Nam; or organising, brokering or facilitating others to remain abroad or cross national borders unlawfully where such acts do not yet constitute criminal offences will be subject to fines ranging from VNĐ30 million to VNĐ40 million.
Based on this framework, Decree 348 revises Point c, Clause 13, Article 7 of Decree 45/2019/NĐ-CP, ensuring consistency in defining violations and penalty levels for cases in which tour operators allow tourists to illegally overstay either abroad or in Việt Nam, in line with regulations governing public security, order and social safety.
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According to the drafting agency, the revised provisions are intended to safeguard the legitimate rights and interests of businesses while protecting State interests in the event of violations. They also aim to ensure consistency across the legal system and strengthen the effectiveness of State management, particularly in areas where tourism legislation has yet to provide specific measures to address such violations.
In addition, Decree 348 amends and expands sanctioning powers for various authorities, including the Việt Nam Maritime Inspectorate, People’s Committee chairpersons at all levels, the Market Surveillance Force, the Border Guard, the Coast Guard and the People’s Public Security force.
Under the new rules, chairpersons of communal, ward and special-zone-level People’s Committees are authorised to issue warnings, impose fines of up to VNĐ25 million ($950), and revoke licences or professional certificates, or suspend operations for a specified period.
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Chairpersons of provincial and municipal-level People’s Committees may impose fines, along with similar additional sanctions.
The decree also grants sanctioning authority to specialised officials, such as directors of road management zones and regional maritime and inland waterway sub-departments, who may impose fines of up to VNĐ25 million.
Meanwhile, directors of provincial departments of culture, sports and tourism, departments of industry and trade, and departments of construction, as well as heads of inspection teams established by central agencies, are authorised to impose maximum fines of VNĐ40 million.
In the port authority sector, heads of maritime and inland waterway port authority representative offices may impose fines of up to VNĐ12.5 million ($475), while directors of maritime and inland waterway port authorities are empowered to impose fines not exceeding VNĐ25 million, revoke licences or professional certificates, suspend operations for a specified period, and confiscate administrative violation exhibits in accordance with the law. — VNS
