HOW TO LEGALLY ATTRACT THE SWIFTLETSS WITH A LOUDSPEAKER?

Posted date: 21/08/2020

My neighbor has just built a 3-story house to raise swiftlets. Since this house has been completed, I often sleepless for many times because of the noise. My neighbor uses the loudspeaker to attract the swiftlets all day and night long. I feel that I’m not so fine these days. I just want to know if my neighbor’s act is prohibited by laws and he has to bear a penalty. I'm looking forward to hearing from you. Thank you so much!

FDVN opinions:

Thank you very much for concerning our legal services. Please kindly see our points of view in your case:

[1]. Law provisions on using speaker to attract the swiftlets

According to the provisions of Article 25 of Decree No. 13/2020/ND-CP dated January 21, 2020, guiding the implementation of the Law on Animal Husbandry, the management of swiftlets must comply with the following provisions:

“1. Regarding swiftlets breeding areas:

a) The provincial People’s Council shall request the provincial People’s Committee to decide the swiftlets breeding areas;

b) A swiftlets breeding area shall be relevant to swiftlets behaviors and local socio-economic conditions and shall not affect the life of residents.

2. Regarding swiftlets breeding facilities:

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 swiftlets 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, swiftlets nest farms located in populated areas and swiftlets nest farms that are less than 300 m away from populated areas are not allowed to use loudspeakers;”

According to the above provisions, the area to raise swiftlets must be in the area of swiftlets planning by the competent authority and may only use the loudspeakers with sound intensity not exceeding 70 dAB from 5:00 AM - 11:30 AM and from 1:30 PM – 5:00 PM on the same day. If the distance between the swiftlets nest farm and the residential area is less than 300, the loudspeakers cannot be used.

[2]. Administrative penalties for acts of using the loudspeaker to lure swiftlets make noise

At Clause Article 17 of Decree 155/2016 / ND-CP on violations against regulations on noise:

“1. A warning shall be issued for generating noise at a level in excess of the permissible exposure levels of noise prescribed in the technical regulation on noise of less than 02 dBA.

2. A fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed for generating noise at a level in excess of the permissible exposure levels of noise prescribed in the technical regulation on noise of from 02 dBA to less than 05 dBA.

3. A fine ranging from VND 5,000,000 to VND 20,000,000 shall be imposed for generating noise at a level in excess of the permissible exposure levels of noise prescribed in the technical regulation on noise of from 05 dBA to less than 10 dBA.

4. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for generating noise at a level in excess of the permissible exposure levels of noise prescribed in the technical regulation on noise of from 10 dBA to less than 15 dBA.

5. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for generating noise at a level in excess of the permissible exposure levels of noise prescribed in the technical regulation on noise of from 15 dBA to less than 20 dBA.

6. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for generating noise at a level in excess of the permissible exposure levels of noise prescribed in the technical regulation on noise of from 20 dBA to less than 25 dBA.

7. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for generating noise at a level in excess of the permissible exposure levels of noise prescribed in the technical regulation on noise of from 25 dBA to less than 30 dBA.

8. A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for generating noise at a level in excess of the permissible exposure levels of noise prescribed in the technical regulation on noise of from 30 dBA to less than 35 dBA.

9. A fine ranging from VND 120,000,000 to VND 140,000,000 shall be imposed for generating noise at a level in excess of the permissible exposure levels of noise prescribed in the technical regulation on noise of from 35 dBA to less than 40 dBA.

10. A fine ranging from VND 140,000,000 to VND 160,000,000 shall be imposed for generating noise at a level in excess of the permissible exposure levels of noise prescribed in the technical regulation on noise of more than 40 dBA.

11. Additional penalties:

a) Suspend the establishment’s activities causing the noise pollution for 03 - 06 months if any of the violations prescribed in Clauses 4, 5, 6 and 7 of this Article is committed;

b) Suspend the establishment’s activities for 06 - 12 months if any of the violations prescribed in Clauses 8, 9 and 10 of this Article is committed.

12. Remedial measures:

a) Enforce the implementation of measures for reducing the noise to the permissible exposure levels of noise prescribed in the technical regulation on noise within the period regulated by the person who has the power to impose penalties for administrative violations and specified in the decision on the imposition of penalties for administrative violations if any of the violations prescribed in this Article is committed;

b) Enforce the payment of costs for conducting an inspection, assessment, measurement, and analysis of environmental samples for activities generating noise in excess of the permissible limits prescribed in environmental technical regulations or resulting in the noise pollution according to current norms and prices if any of the violations prescribed in this Article is committed.”

Therefore, depending on the nature and severity of the violation, the swiftlets raiser may bear an administrative penalty of VND 1.000.000 to VND 140.000.000 for making noise. In addition, the violating swiftlet raiser is also forced to suspend facility operations for a period of 03-12 months, to implement the noise reduction measures and pay for the inspection cost for making actual noise pollution.

We hope that our legal opinions on your case will be helpful to you.

Legal advisor: Ngo My Tram

FDVN Law Firm

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