Reply:

1. Responsibility for returning money transferred by someone else by mistake

According to Article 579 of the 2015 Civil Code, the obligation to return property without legal basis is 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 of the 2015 Civil Code on establishing ownership rights over time. title 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 of the 2015 Civil Code.

So, 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 of not knowing or not being able to find the information of the person who mistakenly transferred money, they must hand it over to the state agency. have authority.

2. 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:

2.1. 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 144/2021/ND-CP)

2.2. Investigate criminal liability for actions Do not 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 of the 2015 Penal Code (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 02 years or imprisoned from 03 months to 02 years.

- Committing the crime of seizing property worth 200,000,000 VND or more or national treasures, the penalty shall be from 01 year to 05 years.

* Note: Currently, taking advantage of mistaken money transfers to commit fraud is quite common, so if you are unsure of the owner's information or suspect fraud, you should immediately report it to the police.