Recently, Ms. Nguyen Kim Trang (Dong Nai) mistakenly transferred money to the same bank account. After contacting the bank to confirm and make a check, she received a response from the bank that the transaction could not be recovered because the beneficiary did not confirm the refund to the bank via phone.

The bank also did not receive a response from the beneficiary to the transaction refund request in the document Ms. Trang sent to the bank. The bank said that she could make up to 3 check requests for this transaction.

Ms. Trang asked, can she get back the money she mistakenly transferred?

Regarding this issue, the State Bank of Vietnam has the following opinion:

Regulations related to refunding money due to mistaken transfer, according to Article 579 of the 2015 Civil Code, the person who uses another person's property without legal basis must return it to the owner: "1. The person who possesses or uses another person's property without legal basis must return it to the owner or other subject with rights to that property;";

Article 580 of the Civil Code stipulates:

"1. The person who possesses or uses property without legal basis must return all the property that has been acquired;

… 4. The person who benefits from property without legal basis must return the benefit from that property to the person who suffered damage in kind or in money".

According to Circular No. 17/2024/TT-NHNN dated June 28, 2024 regulating the opening and use of payment accounts at payment service providers:

At Point d, Clause 2, Article 20 stipulates:

"Payment account holders are obliged to:

... d) Refund or coordinate with banks and foreign bank branches to refund amounts that have been mistakenly credited to their payment accounts;".

According to Point a, Clause 2, Article 21: "Banks and foreign bank branches where customers open accounts have the right to:

a) Proactively debit customers' payment accounts in the following cases:

… (i) Upon written request of competent authorities in enforcing decisions on administrative sanctions, decisions on judgment enforcement, tax collection decisions or other payment obligations as prescribed by law and notify the payment account holder;

(ii) To adjust items that are incorrectly accounted for, not accounted for in accordance with the nature or not consistent with the content of use of the payment account as prescribed by law and notify the payment account holder;

(iii) Upon discovering that a wrong Credit has been recorded in the customer's account or upon request to cancel the Credit transfer order of the bank or foreign bank branch serving the money transfer party because the bank or foreign bank branch serving the money transfer party discovers an error compared to the payment order of the remitter established amount; the debiting of the payment account must be notified to the payment account holder;

(iv) According to a prior written agreement between the payment account holder and the bank or foreign bank branch to pay regular and periodic payments or collect due and overdue debts, interest and arising costs; the debiting of the payment account must be notified to the payment account holder;".

According to Clause 6, Article 17: "The handling of inquiries and complaints in the use of payment accounts shall be carried out in accordance with the agreement between the payment account holder and the bank or foreign bank branch and regulations on non-cash payment services".

Clause 2, Article 21 stipulates:

"2. Banks and foreign bank branches are obliged to:

… (i) Instruct customers on how to use payment accounts safely, notify and explain to customers about prohibited acts in opening and using payment accounts and promptly answer and handle customers' questions and complaints in opening and using payment accounts according to the provisions of this Circular and the agreement between the payment account holder and the bank or foreign bank branch;

… k. Issue internal regulations on opening and using payment accounts at banks and foreign bank branches; provide instructions and publicly notify customers to know and implement. Internal regulations must include at least the following contents:

(iv) Regulations on handling inquiries and complaints, sample request for inquiries and complaints;".

Based on relevant legal regulations, those who use or possess other people's property without legal grounds must return it to the owner.

At the same time, banks are responsible for guiding customers, promptly handling questions and complaints; issuing and implementing internal regulations related to handling inquiries and complaints during the process of customers using payment accounts.