Vietnam: What is the penalty upon swiftlet nest farms for using amplifiers to lure swiftlets with the sound frequency exceeding the permissible maximum noise level?
- How is the sound intensity of the sounding device used to lure swiftlets in Vietnam?
- What is the penalty upon swiftlet nest farms for using amplifiers to lure swiftlets with the sound frequency exceeding the permissible maximum noise level?
- What are the requirements for entities involved in exploitation, preliminary processing and storage of swiftlet nests in Vietnam?
How is the sound intensity of the sounding device used to lure swiftlets in Vietnam?
Pursuant to the provisions of Clause 2, Article 25 of Decree No. 13/2020/ND-CP as follows:
Management of swiftlet breeding
...
2. Regarding swiftlet breeding facilities:
a) Swiftlet nest farms and equipment used for swiftlet breeding must be relevant to swiftlet behaviors.
The swiftlet nest farms operating before the effective date of this Decree but failing to comply with the regulation laid down in Point a Clause 1 of this Article shall remain intact and not be expanded;
b) Sufficient water that ensures quality shall be provided for swiftlet breeding and measures shall be taken to protect the environment in accordance with regulations of the law on environmental protection;
c) Records shall be in place to contain information about swiftlet breeding, preliminary processing and storage of swiftlet nests, thereby facilitating the tracing of swiftlet products;
d) Sounding device used to lure swiftlets must have a sound intensity not exceeding than 70 dBA (decibel A) measured at the loudspeaker’s mouth; loudspeakers used to lure swiftlets shall be active only from 5:00 to 11:30 and from 13:30 to 19:00 every day, except for the case specified in Point d of this Clause;
dd) The swiftlet nest farms operating before the effective date of this Decree but failing to comply with the regulation laid down in Point a Clause 1 of this, swiftlet nest farms located in populated areas and swiftlet nest farms that are less than 300 m away from populated areas are not allowed to use loudspeakers;
e) It is not allowed to hunt and lure swiftlets for any purposes other than raising of swiftlets for their nests and scientific research.
According to the above regulations, sounding device used to lure swiftlets must have a sound intensity not exceeding than 70 dBA (decibel A) measured at the loudspeaker’s mouth;
At the same time, loudspeakers used to lure swiftlets shall be active only from 5:00 to 11:30 and from 13:30 to 19:00 every day, except for swiftlet nest farms operating before March 5, 2020 but not meeting the following regulations:
- Swiftlet breeding areas shall be submitted by the provincial People's Committee to the provincial People's Council for decision;
- A swiftlet breeding area shall be relevant to swiftlet behaviors and local socio - economic conditions and shall not affect life of residents.
Swiftlet nest farms located in populated areas and swiftlet nest farms that are less than 300 m away from populated areas are not allowed to use loudspeakers.
Vietnam: What is the penalty upon swiftlet nest farms for using amplifiers to lure swiftlets with the sound frequency exceeding the permissible maximum noise level? (Image from the Internet)
What is the penalty upon swiftlet nest farms for using amplifiers to lure swiftlets with the sound frequency exceeding the permissible maximum noise level?
Pursuant to the provisions of Article 27 of Decree No. 14/2021/ND-CP stipulating as follows:
Offences against regulations on swiftlet farming activities
1. Imposing the fine ranging from 3,000,000 dong to 5,000,000 dong for the act of using loudspeakers to lure swiftlets in case swiftlet houses are located in residential areas, or swiftlet houses located at the distance of less than 300 m from residential areas operate before the effective date of Decree No. 13/2020/ND-CP.
2. The fine ranging from 5,000,000 dong to 10,000,000 dong shall be imposed for one of the following offences:
a) Using amplifiers to lure swiftlets with the sound frequency exceeding the permissible maximum noise level as legally prescribed;
b) Making sound to lure swiftlets out of the regulated time.
3. Imposing the fine ranging from 10,000,000 dong to 15,000,000 dong for the act of hunting or luring swiftlets to use for purposes other than the purposes of raising swiftlets to harvest bird nests or for scientific research purposes.
4. Other supplementary penalties:
Confiscating exhibits involved in the offences referred to in clause 3 of this Article.
5. Remedies
a) The penalty existing in the form of compelling the application of noise reduction measures according to regulations shall be imposed for the offences specified at Point a, Clause 2 of this Article;
b) The penalty existing in the form of compelling the return of swiftlets into the wild shall be imposed for the offences specified in clause 3 of this Article.
According to the above regulations, swiftlet nest farms using amplifiers to lure swiftlets with the sound frequency exceeding the permissible maximum noise level may be subject to an administrative fine of from VND 5,000,000 to VND 10,000,000.
At the same time, apply remedies to force the application of noise reduction measures.
The above-mentioned fine is imposed upon individuals, in case the fine is imposed upon organizations, the fine shall be 2 times that of individuals.
What are the requirements for entities involved in exploitation, preliminary processing and storage of swiftlet nests in Vietnam?
Pursuant to the provisions of Clause 3, Article 25 of Decree No. 13/2020/ND-CP, entities involved in exploitation, preliminary processing and storage of swiftlet nests in Vietnam shall comply with the following requirements:
- Technical procedures for exploitation, preliminary processing and storage of swiftlet nests shall be promulgated and adopted;
- Areas and premises used for preliminary processing and storage of swiftlet nests must be located away from contamination sources and comply with requirements for contamination control;
- Appropriate measures shall be taken to control and prevent harmful organisms from entering areas for preliminary processing and storage of swiftlet nests;
- Water used for preliminary processing of swiftlet nests meets domestic water standards;
- Swiftlet nests after preliminary processing must comply with technical requirements provided in the Appendix VII of Decree No. 13/2020/ND-CP.
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