Tens of billions of dong have been lost from bank accounts; who is responsible?

Numerous customers have reported that tens of billions of VND in their accounts at MSB have suddenly disappeared. (Illustrative image.)

The series of incidents involving the loss of billions of dong from bank accounts is causing many customers to worry about the safety of their money transfer channels.

The most frequently asked question now is who is responsible for these cases of money "disappearing" from bank accounts, what loopholes exist, and how can we ensure the safety of bank deposits?

According to lawyers and financial experts, information about abuse of power and misappropriation of assets from bank accounts is becoming increasingly common, shaking depositors' confidence in the safety and transparency of the banking system.

This serves as a wake-up call for both customers and the banking system regarding compliance with transaction procedures and the control of these transactions.

Lawyer Nguyen Thanh Ha, Chairman of SBLAW Law Firm, emphasized that, according to Article 87 of the 2015 Civil Code, legal entities are liable for civil damages related to the exercise of civil rights and obligations established and performed by their representatives on behalf of the legal entity.

Therefore, in cases of account deposit losses, the bank is responsible for reimbursing the customer if the loss is not due to the customer's fault, whether it is due to unintentional or intentional negligence on the part of bank employees or fraudsters outside the bank.

"If a bank employee commits misconduct that results in financial losses, typically actions that show signs of the crimes of 'Theft of property', 'Abuse of trust to appropriate property', 'Embezzlement of property', or 'Abuse of position and authority to appropriate property', then the bank employee will be held accountable to the bank," Lawyer Ha noted.

In reality, when money in a bank account "disappears without a trace," people often fall into a state of panic and anxiety.

According to lawyer Nguyen Thanh Ha, to protect their rights in cases of financial loss, customers need to gather sufficient evidence and transaction documents with the bank. Then, they should contact the bank and provide the information so the bank can verify the situation.

During negotiations, if an agreement cannot be reached, the customer can sue the bank in the competent People's Court to demand reimbursement.

Sharing the same view, Lawyer Truong Thanh Duc, Director of ANVI Law Firm, believes that the cause of the money loss needs to be verified and clarified, but the bank's responsibility in such situations cannot be overlooked.

Mr. Duc noted that in the security process, withdrawing money from an account without clear verification or consent from the customer is suspicious and needs to be clarified. "For customers, protecting transaction information is very important. They need to protect themselves by not disclosing transaction information to anyone, including bank employees; carefully checking the transaction details before signing any documents, ensuring that all information is accurate and legal...," Mr. Duc emphasized.

From the bank's perspective, the lawyer stated that the bank must ensure that transaction processes are secure and strictly monitored to guarantee compliance from its employees.

Elaborating on the responsibilities of banks, lawyer Nguyen Thanh Ha stated that, based on the Law on Credit Institutions 2010, banks are responsible for safeguarding customer deposits. If losses occur, the bank will be held liable.

He also emphasized that banks need to take steps to protect the rights of their customers and should report any signs of criminal activity to the investigating authorities.

From the regulatory perspective, according to the Law on the State Bank of Vietnam of 2010, the inspection and supervision agency of the State Bank must conduct inspections, audits, and handle violations of the law by banks. If violations are detected, they must recommend that the competent state agency handle them in accordance with the law.

Speaking to reporters, economist Dr. Nguyen Tri Hieu stated that in cases of money loss like the one above, individual bank officials and employees are responsible, but the bank also bears primary responsibility because everything happened within the bank's premises.

Therefore, banks need to implement management measures, employee training, security measures, and customer protection to avoid unfortunate incidents like the one that occurred.

As a victim of losing money from his account, Mr. Hieu said that information technology is developing very rapidly, leading to an increase in high-tech crime.

"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 security measures for banking transactions, but I was still surprised to learn that nearly 500 million VND in my bank account had 'vanished'," Mr. Hieu shared.

Mr. Hieu stated that after reviewing the system, the bank responded that the scammer had used internet banking, provided full personal information impersonating him, and requested 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 the money.

Mr. Hieu's question was whether any security vulnerabilities existed in the bank's system. Regarding the legal responsibility of banks, Dr. Nguyen Quoc Hung, Secretary General of the Vietnam Banking Association, affirmed that credit institutions are responsible for safeguarding depositors' capital and must repay the full principal and interest when due.

In the event of an incident resulting in asset loss, if embezzlement by a bank employee is discovered, the credit institution is responsible for immediate reimbursement.

"Any actions by bank officials that cause losses of customer deposits within the bank without collusion or prior business relationship with the customer will certainly hold the bank responsible for repaying the entire principal and interest," Mr. Hung emphasized.

At the same time, Mr. Hung advised people to follow all the steps in the transaction process correctly and completely when conducting transactions at banks, carefully reviewing and understanding all documents and certificates before signing. In particular, they should not sign blank documents, engage in collusion or conspiracies with bank officials.

It's important to note that you shouldn't place too much trust in personal relationships with bank employees, even if they are family members or relatives.

Previously, VNA reported on the case of customer NTL ( Hanoi ) who complained of losing over 58 billion VND from his deposit account opened at a branch of Vietnam Maritime Commercial Bank (MSB).

Although the account information/balance confirmation document No. 432/CV/MSB Thanh Xuan branch stated that as of 10:08 AM on October 7, 2023, Ms. L's account balance was 58.65 billion VND, by October 12, 2023, the account balance had decreased to only 93,640 VND.

Similarly, Ms. VTKO (Hanoi) also reported that her account of 27.7 billion VND deposited at MSB suddenly "vanished," leaving only 46,328 VND. Significantly, the account statements of both Ms. L and Ms. O show numerous money transfer and withdrawal transactions that were not requested or carried out by the customers themselves.

Speaking about the incident, MSB stated that during a routine review of operations and employee evaluations at its branches, the bank discovered irregularities involving some employees and a group of customers (who had close relationships before joining MSB) and proactively provided information to the authorities for clarification.

The case has now been taken up by the Hanoi City Police, a criminal investigation has been initiated, and it is currently under investigation. MSB has been actively cooperating with the relevant authorities within the scope of the request.

Recently, the Investigation Agency of the Hanoi City Police Department initiated a criminal case against Ms. Bui Thi Hoai Anh (born in 1984, residing in Long Bien District, Hanoi City), the Director of MSB (Vietnam Maritime Commercial Joint Stock Bank) Thanh Xuan branch.

Major General Nguyen Thanh Tung, Deputy Director of the Hanoi City Police, said that the police have determined that Bui Thi Hoai Anh defrauded and misappropriated assets from 8 victims totaling 338 billion VND.

Currently, the police have taken measures to recover the assets and return them to the victims; initial findings indicate no accomplices, and the investigation is ongoing.

Hanoi police also urged victims involved in the above incident to contact the authorities for proper handling and resolution in accordance with the law.

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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