Tiếng Việt
Table of Contents
1. The obligation to return property without legal basis.
2. How will not returning money that is mistakenly transferred by another person be handled?
2.1 Administrative sanctions
2.2 Criminal prosecution
1. The obligation to return property without legal basis
According to Article 579 of the 2015 Civil Code, the obligation to return property without legal basis is stipulated as follows:
“Article 579. Obligation to return [property]
1. A person possessing or using property of another unlawfully must return the property to its owner or a subject with other rights with respect to such property. If the owner or such subject is not able to be found, the person possessing or using property of another unlawfully must deliver the property to the authorized State body, except in the case provided in article 236 of this Code.
2. A person deriving benefits from property unlawfully, thereby causing loss and damage to another, must give such benefits to such other person, except in the case provided in article 236 of this Code.”
Except for the case stipulated in Article 236 of the 2015 Civil Code on establishing ownership rights by prescription due to possession or benefit from property without legal basis:
“Article 236. Creation of ownership rights by reference to limitation periods due to unlawful possession orderiving of benefits from property
A person unlawfully but in good faith possessing, or deriving benefits from, property continuously and in an overt manner for ten (10) years with respect to moveable property, and for thirty (30) years with respect to immoveable property, shall become the owner of such property from the moment of commencement of possession, unless otherwise provided by this Code or other relevant laws.”
Thus, based on the above provisions, the person who receives money mistakenly transferred by another person must return it to the damaged person. In case the information of the person who transferred the money by mistake is unknown or cannot be found, it must be handed over to the competent state agency for settlement.
2. How will the case of not returning money due to someone else’s mistaken transfer be handled?
2.1 Administrative sanctions
Handling administrative violations of illegal possession of other people’s property as prescribed in Point d, Clause 2, Article 15 of Decree 144/2021/ND-CP
“2. A fine of from VND 3.000.000 to VND 5.000.000 shall be imposed for any of the following violations:
d) Buying, selling, concealing, or using property of another person despite knowing that the assets were illegally obtained;”
In addition, according to Clauses 3 and 4, Article 15 of Decree 144/2021/ND-CP, additional penalties and remedial measures are prescribed:
“3. Additional penalties:
a) Confiscate the exhibits and means used for committing administrative violations specified in Points a,b,c and d Clauses 1 and Points a,b,c and dd Clause 2 of this Article.
b) Expel foreigners committing the administrative violations specified in Clauses 1 and 2 of this Article.
4. Remedial measures:
a) Enforced return of benefits illegally obtained from the commission of the violation in Points c, d and dd Clause 2 of this Article;”.
b) Mandatory return of the illegally appropriated property in case of commission of the violations in Points dd and e Clause 2 of this Decree.”
c) Mandatory restoration of original condition in case of administrative violations specified in Point a Clause 2 of this Article.”
2.2 Criminal prosecution
Criminal prosecution for the crime of “Illegal possession of property” against those who fail to return money mistakenly transferred by others, meeting all elements of the crime specified in Article 176 of the 2015 Penal Code, amended and supplemented in 2017:
“1. Any person who finds or mistakenly receives a piece of property which is assessed at from VND 10,000,000 to under VND 200,000,000, a relic, an antique, an item of historical or cultural value but deliberately fails to return it to its legitimate owner or fails to submit it a competent authority after the owner or the competent authority requests the return or submission of such property as prescribed by law shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 02 years’ community sentence or 03 – 24 months’ imprisonment.
2. If the property obtained is assessed at VND 200,000,000 or over or national treasure, the offender shall face a penalty of 01 – 05 years’ imprisonment.”
Thus, depending on the nature and severity of the incident, a person who fails to return money mistakenly transferred by another person at the request of the owner may be subject to administrative sanctions or criminal prosecution.