Let me ask, in case of a mistaken transfer and the recipient refuses to return the money, what will be done? - Reader Kim Long
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| What happens if you don't return money that someone else transferred by mistake? |
1. Responsibility for returning money transferred by mistake
According to Article 579 of the 2015 Civil Code, the obligation to return property without legal basis is stipulated as follows:
- A person who possesses or uses another person's property without legal basis must return it to the owner or other right holder to that property; if the owner or other right holder to the property cannot be found, it must be handed over to a competent state agency, except in the case specified in Article 236 of the 2015 Civil Code on establishing ownership rights according to the statute of limitations due to possession or benefit from property without legal basis:
A possessor or beneficiary of property without legal basis but in good faith, continuously and openly for a period of 10 years for movable property and 30 years for immovable property shall become the owner of that property from the time of commencement of possession, unless otherwise provided by the 2015 Civil Code or other relevant laws.
- A person who benefits from property without legal basis and causes damage to another person must return that benefit to the damaged person, except in the case specified in Article 236 of the 2015 Civil Code.
Thus, according to the above regulations, the person who receives money due to a mistaken transfer must be responsible for returning the money to the owner. In case the information of the person who transferred the money by mistake is unknown or cannot be found, it must be handed over to the competent state agency.
2. What happens if you do not return money that someone else transferred by mistake?
Depending on each case, a person who fails to return money that was mistakenly transferred by another person at the request of the owner may be subject to administrative sanctions or criminal prosecution, specifically as follows:
2.1. Administrative penalty for not returning money transferred by mistake
In cases where criminal liability has not yet been prosecuted, a person who fails to return money mistakenly transferred by another person at the request of the owner may be fined from VND 3,000,000 to VND 5,000,000.
In addition, violators are also subject to additional penalties and remedial measures as follows:
- Additional penalties:
+ Confiscate exhibits and means of administrative violation for violations;
+ Deport foreigners who commit violations.
- Remedial measures:
+ Forced to return illegal profits obtained from committing violations;
+ Forced return of illegally occupied property for violations.
The above fine applies to individuals who violate the law. If an organization commits a similar violation, the fine will be doubled.
(According to Clause 2, Article 4 and Point d, Clause 2, Clause 3, Clause 4, Article 15 of Decree 144/2021/ND-CP)
2.2. Criminal prosecution for failure to return money transferred by mistake
In case a person fails to return money due to another person mistakenly transferring money at the request of the owner, and there are sufficient elements to constitute a crime, he/she may be prosecuted for criminal liability for the crime of illegal possession of property according to Article 176 of the 2015 Penal Code (amended in 2017) as follows:
- Anyone who intentionally fails to return to the owner, legal manager or fails to hand over to the responsible agency property worth from VND 10,000,000 to under VND 200,000,000 or under VND 10,000,000 but the property is a relic or antique that was mistakenly delivered or that he/she found or captured, after the owner, legal manager or responsible agency requests to receive the property back according to the provisions of law, shall be subject to a fine of from VND 10,000,000 to VND 50,000,000, non-custodial reform for up to 02 years or imprisonment from 03 months to 02 years.
- Crime of appropriating property worth 200,000,000 VND or more or national treasures, shall be punished with imprisonment from 01 year to 05 years.
* Note: Currently, the situation of taking advantage of mistaken transfers to commit fraud is quite common, so if you are not sure about the owner's information or suspect fraud, you should immediately report it to the police.
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