Deposits in banks suddenly “evaporate”: Who is responsible?

In addition, many other customers’ money also disappeared from MSB accounts. Or like the case of financial expert – Dr. Nguyen Tri Hieu, whose bank account was hacked and lost nearly 500 million VND.

Why is the place where money is supposed to be safe and highly reliable but now has so many inadequacies? When money “evaporates”, the customer or the bank is harmed and who is responsible? responsibility is a concern of many Dan Tri readers when posting comments on the newspaper.

2 guests: one person has more than 586 billion dong, one person has more than 277 billion dong in the same MSB account, but now the money has evaporated, leaving only a few tens of thousands of dong left (Illustration: Manh Quan)

Deposits in banks suddenly "evaporate"

Deposit contract can be considered an “asset loan contract”

Attorney Quach Thanh LucDirector The Law Firm – Hanoi Bar Association said this view is supported by various regulations in the 2015 Civil Code. Article 463 of the 2015 Civil Code defines a property loan contract as “an agreement between the parties whereby the lender delivers the property to the borrower; When the repayment is due, the borrower must return to the lender assets of the same type in the correct quantity and quality and must only pay interest if agreed upon or prescribed by law.

A A deposit contract can be considered a “property loan contract”. According to Article 464 of the 2015 Civil Code, after depositing money in a bank, the bank itself will become the owner of that money and must bear the risk. for it (Article 162 of the 2015 Civil Code).

The sender terminates ownership of the money just deposited and becomes the lender with the right to request the bank to pay another equivalent amount according to agreed term.

The bank must be responsible for the deposit amount

According to Lawyer Quach Thanh Luc, when money is deposited in the bank, the bank The bank must be responsible for that asset.

Pursuant to Clause 23, Article 10 of the Law on Credit Institutions 2010, to protect the interests of customers, the bank must have the following responsibilities:

– Facilitate customers to deposit and withdraw money, ensuring on-time payment of principal and interest of deposits.

– Refuse to block, withhold, and transfer deposits. of the customer unless requested by a competent state agency according to the provisions of law or approved by the customer.

Also according to the Lawyer when the customer goes to the bank to deposit money The customer trusts the bank, so when a loss of money occurs, the bank is also involved.

So when a customer loses money for no reason, the bank must also be responsible for compensation. damages when errors occur. If the bank employee is the one who appropriated the customer’s deposit, the bank will be determined to be the victim, then the person appropriating will have to compensate the bank and the bank will have to compensate the lost customer. money.

In addition, according to Article 5 of Circular 23/2014/TT-NHNN, the account holder is only responsible for damages due to errors or fraudulent exploitation when using payment services via account due to their own fault.

In case the bank refuses to accept responsibility and does not compensate the customer, the customer has the right to initiate a civil lawsuit demanding compensation from the bank. all losses for customers.

The recent incidents of losing money in accounts are also a warning phenomenon for people and banks. Sophisticated forms of fraud make it increasingly difficult for customers to get their money back.

Therefore, depositing customers absolutely do not give information to anyone, including bank staff, and must check it. Carefully read the transaction content before signing the documents… Especially do not be subjective and do not cut corners with bank staff.