QUY ĐỊNH XỬ PHẠT VI PHẠM HÀNH CHÍNH ĐỐI VỚI TRƯỜNG HỢP DOANH NGHIỆP KINH DOANH DỊCH VỤ LỮ HÀNH CÓ KH

Legal situation: Dear Lawyer, I am the owner of an enterprise operating in international travel services based in Da Nang, specializing in welcoming foreign tourists to Vietnam with an entire tour program. Recently, after the tour program ended, there were 02 international tourists who voluntarily separated themselves from the group and failed to exit the country before the expiration of their granted tourist visas. Our enterprise had absolutely no agreement, involvement, or facilitation regarding this illegal overstay, and our service contract explicitly stipulates the tourists’ obligation to comply with the law and exit the country on time. Despite our repeated appeals, reminders, and efforts using all possible measures, these two clients adamantly refuse to leave Vietnam. In such cases, I would like to seek your legal advice on whether our enterprise will face any penalties or sanctions due to the tourists voluntarily abandoning the group and illegally remaining in Vietnam. Furthermore, what steps must our enterprise take in this situation to protect our legitimate rights and interests? Thank you, Lawyer.

Response:

Thank You for sending the question to FDVN Law Firm (FDVN). Upon Your consulting request, after researching relevant regulations, FDVN would like to provide the following discussion:

Pursuant to clause 13a Article 2 Decree No. 348/2025/ND-CP (taking effect from February 15, 2026): “In case the tour operator lets tourists stay abroad or hide in Vietnam illegally, it shall face the penalty in accordance with point d clause 9 Article 21 of the Government’s Decree No. 282/2025/ND-CP dated October 30, 2025 of the Government of Vietnam prescribing penalties for administrative violations against regulations on social security, order, and safety; prevention and combat of social issues; prevention and combat against domestic violence”.

According to point d, clause 9, Article 21 of Decree No. 282/2025/ND-CP, violations mentioned above shall be subject to a fine ranging from VND 30 million to VND 40 million.

Therefore, in cases where a tourist illegally remains in Vietnam, the enterprise operating in travel services shall be subject to an administrative penalty ranging from VND 30 million to VND 40 million.

In the aforementioned cases, You may conduct the following works:

First, the enterprise should actively notify the immigration department and public security regarding the situation where 02 foreign tourists as mentioned above and fully provide documents such as a tourism contract, tour program, group list, round-trip tickets, confirmation of hotel booking, etc. If there is any evidence regarding notification and reminders to the tourists on existing on time, it is necessary to attach the documents submitted.

Second, the enterprise should draft an official letter sent to the competent authorities clarifying: (i) The foreign tourists voluntarily separated themselves from the group beyond the company’s control; (ii) The enterprise does not reach any agreements or gain profits regarding the illegal remains; and (iii) Immediately after finding out the cases, the enterprise has timely notified or cooperated to resolve.

Above is FDVN’s legal opinion on Your consulting request based on the research of applicable laws. FDVN hopes that our legal opinion is useful to You.

Tuan Thi - FDVN Law Firm