Circular No. 35/2013/TT-BNNPTNT Provisionally Governing the Management of Swiftlet Farming

CIRCULAR

Interim Provisions on the Management of Swiftlet Farming

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Pursuant to Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development; Decree No. 75/2009/ND-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government;

Pursuant to the Environmental Protection Law No. 52/2005/QH11 dated November 29, 2005;

Pursuant to the Law on Food Safety No. 55/2010/QH12 dated June 17, 2010;

Pursuant to the Animal Breeds Ordinance No. 16/2004/PL-UBTVQH11 dated March 24, 2004;

Pursuant to the Veterinary Ordinance No. 18/2004/PL-UBTVQH11 dated April 29, 2004;

Pursuant to Decree No. 123/2018/NĐ-CP dated September 17, 2018 of the Government amending and supplementing certain Decrees stipulating conditions for investment and business in the agricultural sector;

The Ministry of Agriculture and Rural Development issues this Circular providing interim provisions on the management of swiftlet farming.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular provides interim provisions on the management of swiftlet farming to ensure veterinary hygiene and food safety.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

Domestic organizations and individuals, foreign organizations and individuals engaged in swiftlet farming activities in Vietnam.

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

1. Swiftlet farming: refers to the activity of attracting and exploiting swiftlet nests (swiftlet nests).

2. Swiftlet farm: is a facility owned by organizations or individuals engaged in swiftlet farming, including all construction works serving commercial swiftlet farming activities, such as swiftlet houses, warehouses, and processing facilities.

3. Swiftlet house: is a construction work that has been renovated or newly built for the purpose of attracting swiftlets to reside and build nests.

4. Attracting swiftlets: is the use of sound equipment to attract swiftlets to reside and build nests.

Chapter II

PROVISIONS ON SWIFTLET FARMING

Article 3. Swiftlet Farms

1. The owner of a swiftlet farm must report to the Department of Agriculture and Rural Development or the Economic Department at the district, town, city level under the province (referred to as the specialized department at the district level) where the swiftlet farm is located, using the form attached to this Circular.

2. Reporting Time

a) Organizations and individuals must report for the first time when the swiftlet farm begins operation;

b) For organizations and individuals who have been farming swiftlets before the effective date of this Circular, they must report no later than December 31, 2013;

c) When there is a change in the scale of the swiftlet farm (area of the swiftlet house, number of swiftlets), organizations and individuals farming swiftlets must report no later than October 30 each year.

3. Location of New Swiftlet Farms

Organizations and individuals constructing new facilities for swiftlet farming from the effective date of this Circular must comply with planning regulations or obtain written approval from the People's Committee at the district level.

Article 4. Use of Sound Equipment to Attract Swiftlets

The sound intensity must not exceed 70 dBA (A-weighted decibels) during the period from 6:00 AM to 9:00 PM and shall not be used between 9:00 PM and 6:00 AM the following morning.

Article 5. Veterinary Hygiene and Disease Prevention

1. Swiftlet farms must have protective clothing such as uniforms, shoes, boots, and masks. Workers and visitors must wear protective clothing provided by the farm and wash their hands with soap before entering and after leaving the swiftlet farm.

2. Swiftlet houses must be cleaned regularly and undergo disinfection and sterilization measures at least once a week. Disinfectants that affect the quality of swiftlet nests shall not be used. In case of disease control, follow the guidance of the veterinary authority for cleaning, disinfection, and sterilization.

3. Tools used for harvesting swiftlet nests must be cleaned and disinfected before and after use.

4. Waste from swiftlet farming must be collected, disinfected, sterilized, and treated through composting, burning, burial, or other methods to ensure safety before disposal into the environment.

5. Implementation of regulations on health monitoring and disease control

a) Swiftlet farms must continuously monitor the health status of the swiftlet flock. If there are unusual deaths of swiftlets, immediately report to local authorities or the veterinary authority for timely handling;

b) Swiftlet farms must be inspected, monitored, and samples taken for testing periodically or randomly upon request of the authorized veterinary authority;

c) In case of an outbreak: Swiftlet farms must strictly implement preventive and control measures according to legal regulations and guidance from the authorized veterinary authority. During the outbreak period, all harvested swiftlet nests from areas declared as affected must be processed according to the guidance of the authorized veterinary authority before consumption.

Article 6. Harvesting, Processing, and Preservation of Bird's Nest

1. Workers harvesting, processing, and preserving bird's nests must have protective equipment and devices ensuring safe working conditions and disease prevention.

2. The location for processing and preserving bird's nests must be dry, clean, isolated from bird houses, and far from areas with environmental pollution risks and disease outbreaks.

3. Water used in the processing stages of bird's nests must ensure it does not affect the quality of the nests or consumer health.

4. There must be equipment used during the processing and preservation of bird's nests that ensures product hygiene and safety.

5. Effective measures must be taken to prevent other animals from entering the processing and preservation areas.

6. The processing and preservation procedures for bird's nests must comply with current legal regulations regarding product quality.

Chapter III

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

Article 7. Responsibilities of Bird House Owners

1. Cooperate with specialized agencies in taking samples periodically or urgently when required.

2. Bear responsibility for paying fees and charges for disease testing on bird flocks according to current regulations.

3. Organizations and individuals participating in bird farming and nest harvesting activities must comply with the provisions of Articles 3, 4, 5, 6, and Clause 1, Clause 2 of Article 7 of this Circular.

4. Violating entities must be dealt with according to current legal regulations.

Article 8. Responsibilities of Agencies

1. Responsibilities of the Department of Agriculture and Rural Development of provinces and centrally governed cities

a) Advise the provincial People's Committee to approve specific implementation plans for this Circular;

b) Coordinate with local information and communication sectors to organize publicity and dissemination of this Circular to organizations and individuals involved in bird farming and residents in bird farming areas;

c) Provide professional guidance related to bird farming declarations to the county-level specialized departments; inspect the management implementation, coordination work, and reporting systems of county-level specialized departments; compile statistical data on bird farming activities within the province and report to the Livestock Production Department before November 30 each year;

d) Direct and organize inspections of the implementation of regulations stipulated in this Circular. Inspection procedures and evaluation classifications shall be carried out according to Circular No. 14/2011/TT-BNNPTNT dated March 29, 2011, issued by the Minister of Agriculture and Rural Development on inspection and evaluation of agricultural production and business facilities and agricultural, forestry, and aquatic products;

đ) For provinces and centrally governed cities with natural conditions suitable for the characteristics and natural habits of swiftlets, organize research and assessment of the current situation to develop concentrated bird farming area planning proposals for approval by the provincial People's Committee;

2. Responsibilities of the Livestock Production Department

a) Organize supervision and inspection of provinces and centrally governed cities to effectively implement this Circular;

b) Coordinate with the Department of Agriculture and Rural Development of provinces and centrally governed cities to conduct regular and urgent inspections of this Circular's implementation, promptly identifying management issues and proposing timely solutions to the Minister of Agriculture and Rural Development and the Chairman of the provincial People's Committee;

c) Organize reviews, supplements, revisions, and development of technical standards and procedures for bird farming, processing, and product preservation, submitting technical guidance documents on safe bird farming to the Minister of Agriculture and Rural Development for issuance;

3. Responsibilities of the Animal Health Department

a) Direct provincial animal health bureaus to inspect veterinary hygiene conditions at bird farms, guiding the implementation of disease prevention measures for birds;

b) Veterinary agencies take samples twice a year regularly to monitor diseases, and take samples urgently when there are unusual bird deaths or if the farm is located in an avian influenza outbreak area.

Chapter IV

EFFECTIVE DATE

Article 9. Effective Date

1. This Circular takes effect from September 6, 2013.

2. For bird farms existing prior to the effective date of this Circular that do not meet its requirements, they must take corrective measures by December 31, 2014 at the latest.

3. The Director of the Ministry's Office, the Heads of the Livestock Production Department, the Animal Health Department, the Directors of the Departments of Agriculture and Rural Development of provinces and centrally governed cities, the Heads of relevant units, organizations, and individuals are responsible for implementing this Circular.

4. During the implementation process, if there are any difficulties, the Departments of Agriculture and Rural Development of provinces and centrally governed cities, and relevant organizations and individuals should reflect these issues to the Ministry of Agriculture and Rural Development for timely revision and supplementation to ensure compliance./.