Headquarters of the Cam Ranh Transaction Office – Sacombank Khanh Hoa Branch. Source: Nguoi Lao Dong
In a recent press release on July 4th, Saigon Thuong Tin Commercial Joint Stock Bank (Sacombank) announced its decision to file an appeal to the appellate court to protect its legitimate rights in a civil lawsuit between customer Ho Thi Thuy Duong and the bank.
According to Sacombank, this lawsuit is related to a concluded criminal investigation awaiting trial, which occurred at the Cam Ranh Transaction Office (Khanh Hoa Branch) in October 2022.
The investigation’s conclusion clearly stated that “all documents related to the total amount of VND 46.9 billion were duly signed by customer Duong, with signatures matching those registered at Sacombank.” Additionally, a forensic examination conclusion issued by the Khanh Hoa Provincial Police’s Technical Criminal Department on April 7, 2024, confirmed that the signatures and handwriting on the withdrawal/transfer documents belonged to customer Ho Thi Thuy Duong.
Sacombank emphasized that they had repeatedly submitted complaints and provided documentation requesting the temporary suspension of the civil case with Ho Thi Thuy Duong to the Cam Ranh People’s Court in Khanh Hoa province, pending the outcome of the criminal case. However, the civil case proceeded to trial.
Earlier on July 4th, the Cam Ranh People’s Court announced its verdict in the case of Ho Thi Thuy Duong suing Sacombank, demanding the return of her deposited funds along with accrued interest.
The court ruled in favor of Ho Thi Thuy Duong (born 1977, Cam Phu ward, Cam Ranh city), who had an account at the Cam Ranh Transaction Office under Sacombank’s Khanh Hoa branch.
In May 2022, Ms. Duong discovered that her account had been debited and requested a statement from the bank. The statement revealed 12 transactions totaling VND 46.9 billion, including 9 cash withdrawals and 3 transfers. Notably, some transactions occurred between 6:00 PM and 9:00 PM, outside regular business hours.
After the incident, Ms. Duong sent petitions to the State Bank and the Ministry of Public Security, seeking assistance in the matter of her lost funds.
In April 2023, Sacombank negotiated with Ms. Duong and her husband, agreeing to refund VND 20 billion. At the time of the refund, the bank obtained two land-use right certificates from the couple.
During the trial, Ms. Duong’s family requested Sacombank to refund the remaining VND 26.9 billion (after deducting the previously refunded VND 20 billion) plus accrued interest, totaling more than VND 36 billion.
Sacombank, on the other hand, requested the court to dismiss all of Ms. Duong’s claims, arguing that the 12 withdrawal documents bearing her signatures were valid.
The bank also stated that the VND 20 billion transferred to Ms. Duong’s account was a temporary payment made at her request.
After considering the plaintiff’s arguments, relevant documents, and evidence presented in court, the judges agreed with the plaintiff’s claims.
The court determined that Ms. Duong neither withdrew nor transferred the VND 46.9 billion in the 12 transactions. Notably, two cash withdrawals took place when Ms. Duong was not in Khanh Hoa, as confirmed by a travel agency, indicating that she could not have performed those transactions.
Furthermore, Ms. Duong did not provide written authorization or power of attorney to anyone else to withdraw or transfer the funds. The court also noted several irregularities in the transactions, such as transfers made outside regular hours and amounts exceeding prescribed limits.
The court concluded that “with these irregularities, the bank must take responsibility for its mistakes and for being exploited by fraudsters to appropriate the customer’s assets.”
After a day of trial, the court ruled that Sacombank must refund the full amount of VND 46.9 billion to the customer, along with accrued interest.
Since Sacombank had already refunded VND 20 billion, the bank is required to pay the remaining VND 26.9 billion plus interest as per regulations. Additionally, the court ordered Sacombank to return the land-use right certificates obtained from Ms. Duong.
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