Question: I would like to ask, what should I do if I transfer the money to the wrong account and the recipient refuses to return it?

Reply:

Responsibility for returning money transferred by someone else by mistake

According to Article 579, the 2015 Civil Code stipulates the obligation to return property without legal basis as follows:

- A person who possesses or uses another person's property without a legal basis must return it to the owner or other person with rights to that property; If the owner or subject with other rights to the property cannot be found, it must be handed over to a competent state agency, except for the cases specified in Article 236, 2015 Civil Code on establishing ownership rights according to the law. statute of limitations due to possession or benefit of property without legal basis:

A person who possesses or benefits from property without legal basis but bona fide, continuously, and publicly for a period of 10 years for movable property, 30 years for real estate, becomes the owner of the property. that, from the time of commencement of possession, unless the 2015 Civil Code or other relevant laws provide otherwise.

- A person who benefits from property without legal grounds causing damage to another person must return that benefit to the person who suffered damage, except for the case specified in Article 236, 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 person does not know or cannot find the information of the wrong transferor, they must hand it over to the agency. competent state.

How to handle failure to return money due to someone else's mistaken transfer?

Depending on each case, a person who fails to return money mistakenly transferred by someone else at the request of the owner may be subject to administrative sanctions or criminal prosecution, specifically as follows:

Administrative penalties for not returning money due to someone else's mistaken transfer

In cases that do not reach the level of criminal prosecution, the person who fails to return money mistakenly transferred by another person at the request of the owner may be fined from 3,000,000 VND to 5,000,000 VND.

In addition, violators will also be subject to additional penalties and remedial measures as follows:

- Additional penalties:

+ Confiscation of material evidence and means of administrative violations for violations;

+ Expel foreigners who commit violations.

- Remedial measures:

+ Forced to return illegal profits obtained from violations;

+ Forced return of property illegally seized for violations.

The above fine applies to individual violators; if an organization commits a similar violation, the fine will be doubled. (According to Clause 2, Article 4 and Point dd, Clause 2, Clause 3, Clause 4, Article 15, Decree No. 144/2021/ND-CP)

Criminal liability for failure to return money due to someone else's mistaken transfer

In cases where a person fails to return money mistakenly transferred by someone else at the request of the owner, which has all the elements constituting a crime, he or she may be prosecuted for criminal liability for illegal possession of property according to the law. Article 176, Penal Code 2015 (amended 2017) is as follows:

- Any person who intentionally does not return to the owner, legal manager or fails to hand over to a responsible agency property worth from 10,000,000 VND to under 200,000,000 VND or less than 10,000,000 VND but Property being relics or antiques that was mistakenly delivered or found or captured by oneself, after the owner, legal manager or responsible agency requests to receive the property back in accordance with the provisions of law. law, shall be fined from 10,000,000 VND to 50,000,000 VND, sentenced to non-custodial reform for up to 2 years or imprisoned from 3 months to 2 years.

- Committing the crime of seizing property worth 200,000,000 VND or more or national treasures, shall be sentenced to imprisonment from 1 year to 5 years.

* Note: Currently, the situation of taking advantage of mistaken bank transfers to commit fraud is quite common, so if you are not sure of the owner's information or suspect fraud, you should immediately report it to the authorities. police officer.