Customers have continuously reported that tens of billions of dong in accounts opened at MSB suddenly "evaporated". (Illustration photo.)
The continuous loss of billions of dong in bank accounts is making many customers worry about the safety of their deposit channels.
The most asked question today is who will be responsible for such cases of money "evaporating" in accounts, what are the existing loopholes and how to ensure the safety of bank deposits?
According to lawyers and financial experts, information about abuse of power and appropriation of assets from bank accounts is becoming increasingly common, shaking depositors' confidence in the safety and transparency of the banking system.
This is a warning bell for both customers and the banking system about compliance with transaction procedures and control of these transactions.
Lawyer Nguyen Thanh Ha, Chairman of SBLAW Law Firm, emphasized that according to the provisions of Article 87 of the 2015 Civil Code, a legal entity must bear civil liability for the exercise of civil rights and obligations established and performed by its representative on behalf of the legal entity.
Therefore, in cases of loss of deposits in accounts, banks must be responsible for refunding money to customers if the loss is not due to the customer's fault, whether due to unintentional or intentional errors of bank employees or criminals outside the bank.
"If a bank officer commits a wrongful act that causes loss of money, usually acts that show signs of the crimes of 'Theft of property', 'Abuse of trust to appropriate property', 'Embezzlement of property', 'Abuse of position and power to appropriate property', the bank officer will be held responsible to the bank," noted Lawyer Ha.
In fact, when money in bank accounts "disappears", people often fall into a state of confusion and anxiety.
According to Lawyer Nguyen Thanh Ha, to protect their rights in cases of money loss, customers need to collect full evidence and transaction documents with the bank. Then, contact the bank and provide information so that the bank can verify the situation.
During the negotiation process, if an agreement cannot be reached, the customer can sue the bank at the competent People's Court to request a refund.
Sharing the same view, Lawyer Truong Thanh Duc, Director of ANVI Law Firm, said that it is necessary to verify and clarify the cause of the loss of money, but it is also impossible to overlook the bank's responsibility in such situations.
Mr. Duc noted that in the security process, withdrawing money from an account without the customer's explicit confirmation or consent is suspicious and needs to be clarified. "For customers, the confidentiality of transaction information is very important. It is necessary to protect yourself by not disclosing transaction information to anyone, including bank employees; carefully checking the transaction content before signing documents, ensuring that all information is accurate and legal...," Mr. Duc emphasized.
On the bank side, the lawyer made clear that the bank must ensure that the transaction process is secure and strictly monitored to ensure compliance from employees.
Speaking more clearly about the responsibilities of banks, Lawyer Nguyen Thanh Ha said that based on the Law on Credit Institutions 2010, banks must be responsible for participating in preserving customers' deposits. If there is a loss, the bank must take responsibility.
He also stressed that banks need to take steps to protect customers' rights and need to report to the investigation agency if they detect signs of crime.
On the management side, according to the Law on the State Bank of Vietnam 2010, the inspection and supervision agency of the State Bank must conduct inspections, examinations, and handle violations of the law by banks. If violations are detected, it is necessary to recommend competent state agencies to handle them in accordance with the provisions of law.
Speaking to reporters, economic expert Dr. Nguyen Tri Hieu said that in cases of money loss like the above, individual bank officers and employees are responsible, but the bank must also bear primary responsibility, because everything happens within the bank's premises.
Therefore, banks need to have measures to manage, train employees, take security measures, and protect customers to avoid unfortunate incidents like what happened.
Also a victim who lost money in his account, Mr. Hieu said that information technology is developing very rapidly, leading to an increase in high-tech crimes.
"As an expert with decades of experience in the finance and banking industry in the US and Vietnam, I am well aware of the risks and measures to ensure the safety of banking transactions, but recently, I was surprised to learn that nearly 500 million VND in my bank account had "evaporated" at some point," Mr. Hieu shared.
Mr. Hieu said that after checking the system, the bank responded that the scammer used Internet banking, provided full personal information to impersonate him and asked the bank to issue a new password.
The bank sent an OTP confirmation code, but the recipient was not Mr. Hieu. After obtaining this OTP code, the scammer changed the bank account password and quickly withdrew money.
The question Mr. Hieu raised was whether there are any security holes in the banking system? Regarding the legal responsibility of banks, Dr. Nguyen Quoc Hung, General Secretary of the Vietnam Banking Association, affirmed that credit institutions have the responsibility to preserve capital for depositors, and when the payment is due, they must pay the full principal and interest.
In case of an incident leading to loss of assets, if embezzlement of assets by bank staff is discovered, the credit institution must be responsible for immediate repayment.
"Any action by bank officials that causes loss of customer deposits within the bank without collusion or business relationship with customers will certainly result in the bank being held responsible for repaying the entire principal and interest," Mr. Hung emphasized.
At the same time, Mr. Hung advised people when coming to transact at the bank to perform all the steps in the transaction process correctly and completely, carefully review and understand the documents and certificates before signing. In particular, do not sign blankly, do not make transactions in conjunction or collude with bank officials.
Note that you should not be too subjective in trusting personal relationships with bank employees, even if they are family members or relatives.
Previously, VNA reported on the case of a customer NTL (Hanoi) reporting the loss of more than VND58 billion in a deposit account opened at a branch of Vietnam Maritime Commercial Joint Stock Bank (MSB).
Although the Account Information/Account Balance Confirmation Paper No. 432/CV/MSB Thanh Xuan Branch at 10:08 a.m. on October 7, 2023, Ms. L's account was 58.65 billion VND, but by October 12, 2023, the account only had 93,640 VND left.
Similarly, Ms. VTKO (Hanoi) also reported that her VND27.7 billion account at MSB suddenly "evaporated", leaving only VND46,328. It is worth mentioning that on the account statements of both Ms. L and Ms. O, many money transfer and withdrawal transactions were not requested or made by the customers themselves.
Speaking about this incident, MSB said that during the process of checking operations and periodically evaluating staff at branches, the bank discovered unusual signs related to a number of staff members with a group of customers (who had close relationships with each other before joining MSB) and proactively provided information to the authorities for clarification.
The case has been handled by Hanoi City Police, prosecuted and is under investigation. MSB has been actively cooperating with relevant authorities within the scope of request.
Recently, the Investigation Agency, Hanoi City Police Department has prosecuted the case against Ms. Bui Thi Hoai Anh (born in 1984, residing in Long Bien district, Hanoi city), Director of MSB Bank (Vietnam Maritime Commercial Joint Stock Bank) Thanh Xuan branch.
Major General Nguyen Thanh Tung, Deputy Director of Hanoi City Police, said the police determined that Bui Thi Hoai Anh had defrauded and appropriated property of 8 victims for a total of 338 billion VND.
Currently, the police have applied measures to recover assets to return to the victims; initially determined that there were no accomplices and are continuing to investigate and clarify.
Hanoi police also requested victims involved in the above incident to contact the authorities to be received and resolved in accordance with legal regulations./.
According to vietnamplus.vn
Source: https://www.vietnamplus.vn/hang-chuc-ty-dong-trong-tai-khoan-bi-mat-trach-nhiem-thuoc-ve-ai-post937444.vnp
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