In recent days, a number of cases of "evaporation" of customer deposits at banks have caused public opinion to continuously raise big questions about the safety in the deposit and withdrawal transaction process.
Most recently, a customer deposited more than 58 billion VND at Vietnam Maritime Commercial Joint Stock Bank (MSB). On October 12, 10, a customer came to the MSB branch in Hanoi to request an account statement since opening (March 2023) and discovered that his account had only 3 VND left.
Raise awareness about security
Exchange with Reporter, Economic expert Dr. Nguyen Tri Hieu commented that the reason why customers' bank deposits suddenly disappeared could come from poor security, leading to high-tech criminals being able to hack their accounts. clause.
Second, there are cases where bank officials assist criminals or the officials themselves are criminals. Bank officials and tellers do not comply with the bank's regulations, leading to exploitation and embezzlement.
Mr. Hieu shared that he also fell into a situation where his bank account was hacked and nearly 500 million VND was lost. “Customers should only keep a small amount of money in their account for transactions on Internet Banking. When there is information from the bank via phone or any device, it is necessary to immediately check those transactions," he advised.
On the banking side, the expert believes that it is also necessary to be very careful with money transfer transactions, especially large sums of money, to ensure 100% match with the customer's order.
Talk more with Reporter, Lawyer Truong Anh Tu - Chairman of TAT Law firm said that for people who are planning to deposit money at banks, depositors should not make transactions outside the headquarters but go directly to the banks. Bank branch for direct transactions.
When paying, customers should note that all information and parameters are written on the documents; Only receive documents and documents back with the teller's signature and the bank's confirmation stamp. Depositors can retain evidence by using mobile devices to electronically record video clips of their entire transaction process.
If the transaction is a large amount, the depositor should consider inviting a bailiff to the bank to document the entire transaction process. Creating a certificate will incur costs, but compared to the potential risks to your deposit, those costs are not high. In addition, people should choose reputable banks in the system and have not yet had precedents of losing depositors' money for transactions.
For customers who have deposits at banks and credit institutions, it is necessary to raise awareness of security, respect, and fully comply with the correct transaction procedures with banks. Absolutely do not sign any documents falsely, even if requested by bank staff, if you do not really understand.
Absolutely do not provide e-banking transaction passwords to others, do not access strange links at risk of hackers entering 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 bank deposits suddenly "evaporate", Lawyer Truong Anh Tu advises that customers need to calmly gather all documents and transaction documents with the bank and find a bank. A reputable legal service provider to carry out procedures to invite lawyers to participate in protecting your legal rights and interests.
Customers absolutely do not participate in criminal cases related to individual bank officials whose misconduct caused the loss of their money.
Because, cases where bank officials commit violations that cause money to be lost are often acts showing signs of the crime of "Theft of property", "Abuse of trust to appropriate property", "Embezzlement of property". assets", "Crime of violating regulations on banking activities and other activities related to banking activities" where the victim here is the Bank, the depositor is "outside" of this spiral of proceedings because the depositor Money is related to 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 in which the subject of the lawsuit is the bank. Because the relationship between the depositor and the Bank is a civil transaction of receiving deposits.
If they fall into this situation, customers and their lawyers must fight fiercely to prevent the court from refusing to accept the civil case with the argument: The dispute between the depositor and the bank is a disputed relationship. on property loan contracts.
At the same time, according to the lawyer, the bank must be responsible for compensation and the depositor has the right to file a civil lawsuit to request the bank to pay for the lost money.
According to the provisions of Article 87 of the 2015 Civil Code: "Legal entities must bear civil responsibility for the implementation of civil rights and obligations established and performed by the representative on behalf of the legal entity." Because, from an economic perspective, depositing money in credit institutions is considered an act of storing one's money.
From a civil law perspective, depositing money in banks or credit institutions must always be understood as a property loan contract. Accordingly, after depositing money into the Bank, the bank itself will become the owner of that money and must bear the risks for it.
The sender terminates ownership of the money just deposited, becomes the lender, and has the right to request the bank to pay another equivalent amount within the agreed time limit.
Regarding the case of a customer suddenly losing 58 billion VND deposited at MSB, at a press conference on the socio-economic situation of 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 3, 10, the Security Investigation Agency, Hanoi City Police received information from MSB Bank about the discovery of a suspect. The above bank employee showed signs of fraudulent appropriation of assets.
The above news accuses Ms. Bui Thi Hoai Anh (born in 1984, residing at apartment 390 Bo De, Long Bien) - director of MSB Thanh Xuan branch - of showing signs of fraud in appropriating customers' assets with amount of 165 billion VND.
Based on the results of the investigation on October 18, 10, Deputy Director of Hanoi City Police said that the Investigation Agency has prosecuted the case and temporarily detained Ms. Bui Thi Hoai Anh. Initially, it was determined that Ms. Anh had defrauded and appropriated the property of 2023 victims for an amount of 8 billion VND..
