Billions in bank deposits suddenly "evaporated": How to handle it?

In recent days, a number of cases of customers' deposits "evaporating" at banks have caused public opinion to continuously raise big questions about the safety of deposit and withdrawal transactions.

Most recently, a customer deposited more than 58 billion VND at Vietnam Maritime Commercial Joint Stock Bank (MSB). On October 12, 2023, the customer went to the MSB branch in Hanoi to request a statement of his account since opening (March 2021) and discovered that his account only had 93,640 VND left.

Raise awareness of security

Talking to Nguoi Dua Tin , economic expert Dr. Nguyen Tri Hieu commented that the reason why customers' bank deposits suddenly disappeared could be due to poor security, leading to high-tech criminals being able to hack the account.

Second, there are cases where bank staff assist criminals or are criminals themselves. Bank staff and tellers do not comply with the regulations issued by the bank, leading to exploitation and embezzlement.

Mr. Hieu shared that he himself had also been in a situation where his bank account was hacked and lost nearly 500 million VND. “Customers should only keep a small amount of money in their accounts to make transactions on Internet Banking. When receiving information from the bank via phone or any device, it is necessary to check those transactions immediately,” he advised.

On the bank side, the expert said that it is also necessary to be extremely careful with money transfers, especially large amounts, and to ensure 100% match with customer orders.

In further discussion with Nguoi Dua Tin , Lawyer Truong Anh Tu - Chairman of TAT Law firm said that for those who are planning to deposit money at the bank, depositors should not transact outside the headquarters but go directly to banks and bank branches to transact directly.

When depositing money, customers should note to fill in all information and parameters on the documents; only receive documents and papers when they have the signature of the transaction officer and the confirmation stamp of the bank. Depositors can keep evidence by using mobile or electronic devices to record a video clip of their entire transaction process.

If the transaction is large, the depositor should consider inviting a bailiff to the bank to make a record of the entire transaction. Making a record will incur costs, but compared to the potential risks to their deposit, those costs are not high. In addition, people should choose reputable banks in the system and have not had a history of losing depositors' money for transactions.

For customers who have deposits at banks and credit institutions, it is necessary to raise awareness of security and confidentiality and respect and fully comply with the correct transaction procedures with the bank. Absolutely do not sign any documents even when requested by bank staff, if you do not really understand.

Absolutely do not provide your e-banking transaction password to others, do not access strange links that risk hackers breaking into your account and stealing data. Customers need to register balance changes via SMS, regularly check account balances, savings books and immediately contact the bank when detecting abnormalities in their accounts.

The bank must be responsible for compensation.

In case of bank deposits suddenly “evaporating”, Lawyer Truong Anh Tu advises that customers need to calmly gather all documents, vouchers, and transaction documents with the bank and find a reputable legal service provider to carry out the procedure of inviting a lawyer to participate in protecting their legal rights and interests.

Customers absolutely must not participate in criminal cases involving individual bank officers who commit wrongdoings that cause loss of their money.

Because, the cases of bank officials violating and causing loss of money are often acts with signs of the crimes of "Theft of property", "Abuse of trust to appropriate property", "Embezzlement of property", "Crimes of violating regulations on banking activities and other activities related to banking activities" in which the victim is the Bank, the depositors are "outside" this litigation cycle because the depositors have a relationship with the Bank in another legal relationship.

Lawyer Truong Anh Tu - Chairman of TAT Law firm.

Next, the customer collects documents to initiate a civil lawsuit to reclaim money, with the defendant being the bank. Because the relationship between the depositor and the bank is a civil transaction of receiving deposits.

If this situation occurs, the client and his lawyer must fight fiercely so that the court cannot refuse to accept the civil case, arguing that the dispute between the depositor and the bank is a dispute over a property loan contract.

At the same time, according to the lawyer, the bank must be responsible for compensation and depositors have every right to file a civil lawsuit demanding the bank pay them the lost amount.

According to 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”. Because, from an economic perspective, depositing money in credit institutions is considered an act of keeping one’s own money.

From the perspective of civil law, depositing money in a bank or credit institution must always be understood as a contract for lending assets. Accordingly, after depositing money in a bank, the bank itself will become the owner of that money and must bear the risks for it.

The depositor ceases to own the deposited amount, becomes the lender, and has the right to request the bank to pay another equivalent amount within the agreed term.

Regarding the case of a customer suddenly losing 58 billion VND deposited at MSB, at the press conference to inform about the socio-economic situation in the first quarter of 2024 organized by the Hanoi People's Committee on the afternoon of March 28, Major General Nguyen Thanh Tung - Deputy Director of Hanoi City Police said that on October 10, 2023, the Investigation Security Agency, Hanoi City Police received a report from MSB Bank about the discovery of the above bank employee showing signs of fraud and property appropriation.

The above news report accused Ms. Bui Thi Hoai Anh (born in 1984, residing at apartment building 390 Bo De, Long Bien) - director of MSB bank Thanh Xuan branch - of having signs of fraud and appropriation of customers' assets with the amount of 165 billion VND.

Based on the investigation results on October 18, 2023, the Deputy Director of Hanoi City Police said that the Investigation Agency has initiated a case and temporarily detained Ms. Bui Thi Hoai Anh. Initially, it was determined that Ms. Anh had defrauded and appropriated the assets of 8 victims with the amount of 338 billion VND .

Source: https://www.nguoiduatin.vn/tien-ty-gui-ngan-hang-dot-ngot-boc-hoi-xu-ly-the-nao-a656405.html