AesirX ComplianceOne | Decree 382 Controlled Testing in Banking

Decree 382/2026/NĐ-CP of the Government was issued and took effect on 6 October 2026. It amends Decree 94/2025/NĐ-CP on the controlled testing mechanism in banking. That mechanism lets credit institutions, foreign bank branches and Fintech companies test a solution under State Bank supervision. Peer-to-peer lending is open to Fintech companies only (Decree 94 Article 2 Clause 1).

The decree changes what an applicant files, how the State Bank checks it, and how each later change to a test is reviewed. It took effect on the day it was issued. It states no fine.

What changes for an applicant:

• Filing channels. A dossier may go by the postal public service, through a service provider or an authorised person, in person at the State Bank's one-stop desk, or online through the National Public Service Portal. Each channel is permitted. None is required.
• The qualification test. The legal representative and the general director must hold a listed university degree, or have at least two years' management experience in finance, banking, payment intermediation or information technology. Neither may belong to a category the law prohibits.
• Records the State Bank retrieves. The State Bank retrieves the criminal record of the legal representative and general director from the criminal-record database. If it cannot obtain the record, or the record is incomplete or inaccurate, it asks the authority that manages the database, not the applicant. For personnel credentials and corporate standing documents, the State Bank retrieves what it can, and asks the applicant to supplement the dossier only where it cannot obtain the information, or the information is incomplete or inaccurate.
• Appraisal periods. The State Bank appraises a Fintech solution dossier within 80 days, and a peer-to-peer lending dossier within 90 days, from its written confirmation that the set is complete.
• Reviews of later changes. An adjustment, a stop, an extension and a completion each go to the State Bank on its own form. Each is reviewed within 25 working days.
• One explanation. When the State Bank asks for an explanation, the organisation may send one. For an admission dossier, if none is sent within 45 days of the request, the State Bank returns the dossier. For an adjustment or an extension the window is 7 working days, after which the dossier is returned. For a stop review, if none is sent within 7 working days, the State Bank decides the stop and revokes the certificate of participation.

Dossiers the State Bank had confirmed complete before 6 October 2026 keep the appraisal period and procedure of the earlier law. Their legal representative and general director are appraised under the new test. A dossier received but not yet confirmed is judged for completeness under the reduced list.

The decree repeals Decree 94 Article 9(3) and Article 12(3) (Article 3(1) and Article 6(1)). In Decree 94's signed text, those clauses list the resolution of the board, members' council, shareholders or owner approving the solution proposal, for a Fintech solution and for peer-to-peer lending. Since 6 October 2026 that resolution is no longer a listed dossier component. Forms 01–03 still require the number and date of the relevant resolution or approval document. Keep that approval and complete those form references; the resolution itself is no longer filed as a separate dossier component. The qualification test applies to the company applicants the two amended clauses name: the Fintech company applying to test a Fintech solution, and the company applying to test peer-to-peer lending.