INTRODUCTION
Background to the study
In today's global landscape, English, although not an official language in many countries, is the most widely taught foreign language, with approximately 1.5 billion learners worldwide This surge in English language acquisition is primarily due to its status as the "global language" of business, politics, and culture, leading to an increased demand for translation services between English and other languages These services are essential for bridging communication gaps and providing access to global resources As the need for translation grows, scholars are actively exploring various translation theories to address related challenges These theories play a crucial role in identifying effective translation methods and offer frameworks for problem-solving However, with multiple co-existing theories, each with distinct approaches, the question arises: "Which theory is best suited for producing high-quality translations, particularly in the legal field?"
Vietnam's open-door policies and globalization have attracted a growing number of foreign investors, presenting significant opportunities for economic development Consequently, the translation of Vietnamese legal documents into English, and vice versa, has become increasingly vital As a Legal English student, I've observed that many classmates face challenges in the "Legal Translation" subject To address this issue, I conducted a small interview to identify the specific types of legal documents that pose the greatest difficulties for them.
1 Beare, Kenneth (2020, February 11) How Many People Learn English? Retrieved from https://www.thoughtco.com/how-many-people-learn-english-globally-1210367
2 al, N P (2012) Research in English and Applied Linguistics (REAL) Vol 2: Beautiful World is Seen from the Eyes of Linguists LLC Publishing
In a study involving ten randomly selected students from the LE41 Class at HCMC University of Law, eight participants identified International Sales Contracts as a significant focus Translating English sales contracts poses considerable challenges for translators, as they must navigate non-equivalence and possess extensive linguistic and cultural knowledge in both the native and foreign languages.
This article explores translation theories and their implications for translating legal texts between English and Vietnamese, with a particular emphasis on International Sales Contracts.
With the rationale presented in the previous part, the two purposes of this study are as follows:
This study seeks to summarize the key aspects of translation theories and identify their defining characteristics Notably, translation theory remains a contentious subject, with researchers presenting diverse perspectives that offer valuable insights and viewpoints from various angles.
This article will examine two specific examples of International Sales Contracts to illustrate the application of translation theories Consequently, the study will recommend the use of particular translation theories for translating English-Vietnamese International Sales Contracts.
This study aims to address two key research questions: the identification of common translation theories and their application in translating English-Vietnamese International Sales Contracts By exploring these questions, the research seeks to uncover the implications of translation theories for the effective translation of International Sales Contracts.
This study highlights the often-overlooked translation theories relevant to students in the "Legal Translation" course and practicing translators By focusing on the LE41 student group, this research offers a unique and practical perspective tailored to the legal context, specifically benefiting language and law majors The findings aim to provide valuable insights for LE41 students and serve as a reliable resource for future researchers exploring related topics or validating existing research.
Numerous translation theories exist, each tailored to specific translation objectives Notably, these theories can be categorized into two main types based on their intended purpose.
The primary objective is to convey the complete essence and significance of each word and phrase from the original text with utmost precision.
The primary goal of the second section is to highlight how various languages convey meaning in unique ways, guiding translators to effectively preserve the intended meaning while utilizing the most suitable expressions for each language.
This study identifies five key theories within the two main categories and, based on prior interviews, emphasizes the translation of International Sales Contracts from English to Vietnamese.
This article is structured into five chapters, beginning with the Introduction, which outlines the background, objectives, research questions, significance, and scope of the study Chapter 2, the Literature Review, defines key terms and analyzes previous studies relevant to the research topic.
Chapter 3 of the thesis outlines the methodology and establishes the conceptual framework of the study Chapter 4, referred to as "the body," presents the findings and discussions, serving as the response to the research questions Finally, Chapter 5 concludes the thesis, addressing potential limitations and offering suggestions for future research.
Keywords: translation, translation theories, legal translation, International Sales Contract.
Research questions
This study aims to address two key research questions: first, "What are the common translation theories?" and second, "How are these translation theories applied in the translation of English-Vietnamese International Sales Contracts?" By answering these questions, the primary goal of the paper is to uncover the implications of translation theories for translating International Sales Contracts.
Significance of the study
This study highlights the often-overlooked translation theories relevant to students of "Legal Translation" and practicing translators By focusing on the LE41 student group, this research offers unique insights tailored to the legal context, benefiting both language and law majors and specifically LE41 students The findings aim to serve as a reliable resource for future researchers, facilitating new studies and validating existing findings in the field.
Scopes of the research
Translation theories are numerous and each serves distinct purposes in the translation process Notably, these theories can be categorized into two main types based on their intended goals.
The primary objective is to convey the complete power and significance of each word and expression in the original text with utmost precision.
The main goal of this section is to highlight how various languages express meaning in unique ways, which assists translators in effectively preserving the intended meaning while utilizing the most suitable forms of each language.
This study identifies five key theories within the two categories discussed and emphasizes the translation of English-Vietnamese International Sales Contracts, based on insights gained from prior interviews.
Outline of the thesis
This paper is structured into five chapters, beginning with an Introduction that outlines the background, aim, research questions, significance, and scope of the study Chapter 2, the Literature Review, defines key terms and explores previous studies relevant to the topic.
Chapter 3 of the thesis outlines the methodology and establishes the conceptual framework for the study Chapter 4, referred to as "the body," presents the findings and discussions, addressing the research questions Lastly, Chapter 5 concludes the study, highlighting potential limitations and offering suggestions for future research.
Keywords: translation, translation theories, legal translation, International Sales Contract
LITERATURE REVIEW
Definition of the key terms
Translation serves as a crucial tool for converting written or spoken source language (SL) texts into their equivalent target language (TL) forms, enabling the reproduction of diverse texts such as religious, literary, scientific, and philosophical works for a broader audience It plays an essential role across various domains, including literature, culture, religion, commercial advertising, entertainment, public administration, international diplomacy, scientific research, legal proceedings, immigration, and education Consequently, the definition of translation is multifaceted, with theorists offering various interpretations; however, the predominant view characterizes translation as interlingual translation, highlighting its role as a form of cross-cultural communication.
Translation is primarily understood as interlingual translation, which involves converting text from one language to another Foster (1958) defines translation as the process of transferring the content of a text from the source language (SL) to the target language (TL), a perspective echoed by Catford (1965).
Translation involves substituting text from a source language (SL) with corresponding text in a target language (TL), emphasizing the importance of equivalent textual material However, this definition lacks clarity regarding the specific type of equivalence being referenced This ambiguity is also noted in Savory's definition, which parallels Catford's perspective on translation.
(1969) 5 who contends that translation is made possible by an equivalent of thought that lies behind its different verbal expressions
1 Ordudari, M (2007) Translation procedures, strategies and methods Translation Journal
2 Sakai, Naoki "Translation." New Dictionary of the History of Ideas Retrieve from Encyclopedia.com: https://www.encyclopedia.com/history/dictionaries-thesauruses-pictures-and-press-releases/translation
3 Foster, M (1958) Translation from/into Farsi and English Retrieved from http://www.parsa-ts.com/index.htm
4 Catford, J.C (1965/1978) A Linguistic Theory of Translation London: Oxford University Press
5 Savory, T (1969) The Art of Translation London: Jonathan Cape Ltd
Considering translation as a process, Finlay (1971: 17) 1 defines translation as
Translation is a bilingual mediated communication process that seeks to produce a target language (TL) text equivalent to a source language (SL) text According to Pinchuck (1977), it involves finding a TL equivalent for an SL utterance Wilss (1982) emphasizes that translation is a transfer process aimed at transforming a written SL text into an optimally equivalent TL text, necessitating a comprehensive understanding and analytical processing of the syntactic, semantic, and pragmatic aspects of the SL.
Viewing translation as a form of cross-cultural communication, Tianmin (2000:
Translation is a process of simultaneous de-contextualization and re-contextualization, making it a productive act rather than merely reproductive This perspective aligns with Hatim and Mason's view that translation serves as an act of communication aimed at conveying messages across cultural and linguistic boundaries.
In summary, despite variations in expression, these definitions highlight the crucial need to seek the closest equivalence in meaning by selecting the appropriate lexical and grammatical structures of the target language, while also considering the communication context and cultural nuances.
Translation theory encompasses various perspectives from linguists and theorists, with Catford (1965) asserting that it focuses on the relationships between languages, positioning it as a subset of Comparative Linguistics He defines translation as the process of substituting textual content in a source language (SL) with equivalent content in a target language (TL).
According to Newmark (1981: 19) 7 , translation theory is concerned mainly with determining appropriate translation methods for the widest possible range of texts
1 Finlay, I.F (1971) Translating Edinburgh: The English University Press
2 Pinchuck, I (1997) Scientific and Technical Translation Andre Deutsch
3 Wilss, W (1982) The Science of Translation Stutgart: Gunter Narr verlag Tubingen
4 Tianmin, S.J (2000) Translation in context Retrieved from http://accurapid.com/journal/36context.htm
5 Hatim, B & Mason, I (1997) Translator as communicator London and New York: Routledge
6 Catford, J.C (1965) A Linguistic Theory of Translation London: Oxford University Press
7 Newmark, P (1981) Approaches to Translation Oxford: Pergamon Press Ltd
16 or text-categories It also provides a framework of principles, restricted rules and hints for translating texts and criticizing translations, a background for problem solving
Graham, as referenced by Ross (1981), emphasizes that a comprehensive theory of translation necessitates a formal investigation into the fundamental principles that define the subject and outline the study method Additionally, an effective translation theory should incorporate a practical evaluation process with clearly defined criteria.
Translation theories emphasize that translation goes beyond merely transferring linguistic codes; it focuses on effective communication and incorporates the pragmatic aspects of language These theories also address essential principles for translating figurative language, resolving lexical mismatches, handling rhetorical questions, and using cohesion markers, all of which are vital for achieving high-quality translations.
Legal translation involves converting legal texts from one language to another, but it differs from other translation types due to its dependence on cultural context This complexity makes it one of the most challenging forms of document translation, as it demands a high level of accuracy that machine translation cannot achieve.
Legal translation refers to the translation of language utilized in legal contexts and for legal purposes While it is often viewed as a specialized field exclusive to law, this is not always true Given that law is influenced by cultural factors, legal translation may lack linguistic clarity However, employing Latin legal terminology can help mitigate this lack of transparency in translations.
1 Graham, Joseph F (1981) Theory for Translation in Rose (ed) below
2 Vallejo, J D (n.d.) Translation Theory TranslationDirectory.com Retrieved from https://www.translationdirectory.com/article414.htm
3 Wikipedia (n.d.) Legal translation Retrieved from https://en.wikipedia.org/wiki/Legal_translation
Legal translation is a complex process that involves not only converting text from one language to another but also translating between different legal systems, as noted by Šarčević (1997) According to Cao (2007), it is a specialized form of translation that pertains specifically to legal language and processes Additionally, Cao classifies legal translation based on various criteria, highlighting its multifaceted nature.
Legal translation is classified based on the subject matter of the source language texts into four main categories: translating domestic statutes and international treaties, translating private legal documents, translating legal scholarly works, and translating case law.
Second, legal translation can also be categorized according to the status of the SL texts: (a) translating enforceable law, e.g., statutes; and (b) translating non- enforceable law, e.g., legal scholarly works
Legal translation can be categorized based on the functions of legal texts in the source language Firstly, it includes primarily prescriptive texts such as laws, regulations, codes, contracts, treaties, and conventions Secondly, it encompasses texts that are both descriptive and prescriptive, like judicial decisions and legal instruments used in judicial and administrative proceedings, including actions, pleadings, briefs, appeals, and petitions Lastly, it involves purely descriptive works, such as scholarly articles, legal opinions, and law textbooks authored by legal scholars, whose authority may differ across various legal systems.
Legal translation can be categorized based on the intended purposes of the target language (TL) texts Firstly, the normative purpose aims to create equally authentic legal texts within bilingual and multilingual jurisdictions, encompassing domestic laws and international legal instruments Secondly, the informative purpose involves translating statutes, court decisions, scholarly works, and various legal documents to convey essential information effectively.
1 Šarčević, S (1997) New Approach to Legal Translation The Hague/ London/ Boston: Kluwer Law International
2 Cao, D (2007) Translating Law Clevedon, UK: Multilingual Matters
Previous studies
A significant challenge for those aiming to excel in legal translation is the scarcity of resources that connect translation theories with legal translation practices To address this gap, I have identified two relevant books authored by scholars on translation theories, as well as research by Ms Nguyen Hong Phuc, which closely aligns with my area of study.
In "Translation Theories: Strategies and Basic Theoretical Issues" (2011), Prof A B As-Safi emphasizes the essential role of translation, which has led to the development of various theories and reflections to support it This diversity arises from different perspectives and approaches to translation, resulting in numerous definitions, types, and theories explored in the first three chapters of Part One Translation theories trace their origins to Roman times and have evolved through four distinct periods, as outlined by George Steiner in Chapter Two Chapter Three offers an extensive overview of both ancient and contemporary translation theories, providing valuable insights for students and professionals interested in the field.
In "An Introduction to Translation Theories" (2012), Vietnamese author PhD Luu Trong Tuan explores various translation theories, examining the cognitive processes involved in translation The book outlines how different theories have shaped the translation discipline and presents a variety of translation strategies and methods influenced by the choice of translation unit Additionally, Tuan emphasizes that the degree of equivalence achieved in translation is contingent upon these choices, providing readers with a comprehensive understanding of the complexities involved in translation practices.
1 As-Safi, A.B (2011) Translation Theories: Strategies and Basic Theoretical Issues Petra University
2 Luu Trong Tuan (2012) An introduction into translation theories Nhà xuất bản Đại học Quốc gia Thành phố
Hồ Chí Minh (Ho Chi Minh City National University Publisher)
It would be a big mistake if the graduation thesis of Ms Nguyen Hong Phuc
The study conducted in 2019 provides valuable insights into translation theories and their application in translating English and Vietnamese legal texts It addresses key questions, including the identification of relevant translation theories, the main characteristics of legal translation, and the challenges faced in this field By proposing suitable translation theories to overcome these difficulties, the research aims to enhance the translation process of legal documents However, the study is limited in scope, focusing on a select few translation theories and primarily examining contracts and related documents as the sole type of legal text.
METHODOLOGY
Research questions
This research aims to identify common translation theories, focusing on five key theories relevant to translation strategies for complex texts, specifically International Sales Contracts The central question addressed is how these translation theories are applied in translating English to Vietnamese International Sales Contracts, illustrated through the analysis of two specific contracts By examining the translation from the source language (SL) to the target language (TL), the study seeks to answer the second research question Ultimately, the findings provide insights into the implications of translation theories for the translation of International Sales Contracts.
Context and design of the study
To achieve the main objectives of this research, the researcher has sought guidance from the supervisor and experts in the field, carefully selecting relevant theories from reference books and online resources The study focuses on legal students and their academic context, which involved conducting an interview with the LE41 Class at HCMC University of Law to gather insights into their attitudes and challenges related to the Legal Translation subject.
This paper primarily employs qualitative research methods to explore common translation theories and their application through the analysis of translation samples It is structured as a single qualitative case study, focusing on library research, which aims to provide a comprehensive overview of existing literature The research question is literature-based, relying solely on theoretical analysis methodologies.
This study necessitates the careful selection and discussion of descriptive materials, along with a comparative analysis of the relevant theories addressing the issue at hand Given the nature of the research, qualitative methods or library research are the most appropriate approaches to effectively conduct this investigation.
Research instruments
The research process consists of two distinct steps: conducting interviews to gather data and analyzing related documents to draw conclusions Initially, a pre-research phase involved one-on-one interviews with ten randomly selected students from the LE41 Class Each participant was asked two questions to identify the core issue under investigation.
In exploring the challenges faced by LE41 students in the Legal Translation subject, the first question seeks to identify the specific types of legal documents that they find most difficult to comprehend The second question prompts students to elaborate on their opinions by sharing the underlying reasons for their struggles, providing deeper insights into the complexities of legal translation.
The purpose of these interviews is to gather participants' insights and emotions regarding the types of documents they find challenging Rather than recording the sessions, the interviewer noted key points throughout the discussions, which were later summarized by the researcher.
Following the initial research, the researcher will gather, evaluate, and analyze a wealth of information related to the thesis topic to achieve the established objectives Key sources include books, articles, and reports obtained from school libraries and specialized online platforms like Google and Google Scholar While the comprehensiveness of these sources may vary, they are closely aligned with the focus of this paper Utilizing these tools not only provides easy and effective access to a diverse range of materials from international scholars but also represents a cost-efficient method for information gathering.
Conceptual framework
To achieve the study's objectives, the researcher has developed a unique conceptual framework based on personal observations and logical reasoning, rather than adapting existing models The approach involves utilizing available translation theories and examining their practical application in specific translations relevant to Legal English, a field familiar to university students The anticipated outcomes aim to benefit individuals with similar academic backgrounds, providing valuable insights for both the study period and future careers in legal translation.
International Sales Contract 2 How these translation theories applied in translating International Sales Contracts
Translation theories’ implications for the translation of International Sales Contracts
Figure 1 Conceptual Framework of the study
This article outlines a three-step process for applying translation theories to English-Vietnamese International Sales Contracts It begins with an analysis of various translation theories, including Linguistic, Philological, Functional, Sociolinguistic, and Relevance Theories The second step involves presenting two examples of International Sales Contracts, each featuring both the source language (English) and target language (Vietnamese) versions The application of the identified translation theories is then demonstrated through these contracts Finally, the research findings and recommendations are discussed, highlighting their potential benefits for improving the translation of English-Vietnamese sales contracts.
RESULTS AND DISCUSSION
An overview of translation theories
Translation can be analyzed from various perspectives, including stylistics, authorial intent, linguistic diversity, cultural differences, interpersonal communication challenges, literary trends, and the specific contexts in which translations are utilized This complexity has led to a wide array of translation theories and sub-theories This paper focuses on five key translation theories, categorizing them based on the constraints of the source language into two groups: "Theories within the restraint of the source language," which emphasize translating fundamental units like words, syntax, and sentences as closely as possible, and "Theories beyond the restraint of the source language," which consider external factors such as social context and function that can influence the translation process.
The Figure 2 below briefly summarizes two categories of translation theories mentioned above:
Figure 2 An overview of translation theories
1 Nida, E A (1991) Theories of Translation TTR, 4 (1), 19–32 Retrived from: https://doi.org/10.7202/037079ar
Theories with the restraint of the source language
Theories without the restraint of the source language
Linguistic theories of translation focus on analyzing the linguistic structures of source texts (STs) and target texts (TTs), as highlighted by Nida (1976:69), rather than emphasizing the comparison of literary genres and stylistic elements found in philological theories.
Nida and Taber (1969) argue that a translation is deemed "faithful" only when it strictly adheres to the source text (ST) without any explanatory additions or cultural modifications Nida (1976) proposes a three-stage translation process where the surface elements of the ST—such as grammar, meaning, and connotations—are analyzed and transformed into the target language (TL) by restructuring them into corresponding TL surface elements.
Pertinent to linguistic theories is Newmark‟s binary classification of translation into semantic and communicative, which somehow resembles Nida‟s formal and dynamic equivalence “Communicative translation,” Newmark (1981:39) 4 states,
Semantic translation aims to closely replicate the original text's effect on readers by conveying its exact contextual meaning while adhering to the semantic and syntactic structures of the target language.
Philological theories focus on the study of language development and classical literature, emphasizing the comparison of structural elements in both native and foreign languages These theories examine functional correspondences, literary genres, stylistics, and rhetoric, highlighting the intricate relationships between different linguistic systems.
1 Nida, Eugene A (1976) A Framework for the Analysis and Evaluation of Theories of Translation In R.W Brislin (ed)
2 Nida, E and Taber, C (1969) The Theory and Practice of Translation Leiden: E.J Brill
3 Nida, Eugene A (1976) A Framework for the Analysis and Evaluation of Theories of Translation In R.W Brislin (ed)
4 Newmark, P (1981) Approaches to Translation Oxford: Pergamon Press Ltd
Nida (1976) emphasizes that philological theories of translation extend beyond traditional literary analysis by focusing on the corresponding structures in both the source and receptor languages These theories evaluate the equivalences between languages while addressing various stylistic features and rhetorical devices inherent in the texts.
In the 1970s and 1980s, translation theory evolved from static linguistic typologies to a functionalist and communicative approach, particularly in Germany This shift incorporated earlier concepts of text types and language functions, as well as the theory of translational action and skopos theory (Baker, 2005; Shuttleworth and Cowie, 2007) These developments laid the groundwork for functionalist approaches that view translation as a communicative action performed by a skilled translator, who acts as a text producer with a specific communicative goal (Nord, 2001).
The text, rather than individual words or sentences, serves as the fundamental level for effective communication, emphasizing the importance of equivalence in linguistic theories (Reiss).
1977) 4 Reiss links the main functional characteristics of text types to specific translation methods, which is shown in the table below:
1 Nida, Eugene A (1976) A Framework for the Analysis and Evaluation of Theories of Translation In R.W Brislin (ed)
2 Baker, Mona.(ed) 2005 Routledge Encyclopedia of Translation Studies London: Routledge
3 Shuttleworth, Mark and Moiro Cowie 2007 Dictionary of Translation Studies Manchester: St Jerome Publishing
4 Reiss, Katherina (1977) Text-types, Translation Types and Translation Assessment In Chesterman, Andrew
Ed Readings in Translation Theory Finland: Oy Finn Lectura Ab
Table 1 Functional characteristics of text types to translation methods
Informative communication focuses on the clear and straightforward presentation of facts, knowledge, and opinions It employs a logical and referential language style, emphasizing the content or topic as the primary element of the message being conveyed.
The title of an informative text must convey the complete referential or conceptual meaning of the source text The translation should be clear and straightforward, avoiding redundancy while incorporating explanations when necessary.
Expressive: It denotes the „creative composition‟ wherein the author uses the aesthetic dimension of the language
The TT of an expressive text should transmit the aesthetic and artistic form of the ST The translation should use the
„identifying‟ method, with the translator adopting the stand point of ST author
Operative: The purpose is to induce behavioral responses, i.e., to appeal to or persuade the reader or „receiver‟ of the text to act in a certain way
The TT of an operative text should produce the desired response in the TT receiver The translation should create an equivalent effect among TT readers
Audio-medial: It refers to films and visual or spoken advertisements which supplement the other three functions with visual images, music, etc
Audio-medial texts require the
The "supplementary" method integrates written words, visual images, and music, advancing translation theory beyond basic linguistic elements This approach emphasizes the communicative purpose of translation, as highlighted by Munday (2001:76), focusing on the overall impact rather than just the words themselves.
Reiss's work is significant as it advances translation theory by focusing not only on the linguistic elements and their effects but also on the communicative function of translation.
This theory conceptualizes translation as a purpose-driven and outcome-oriented human interaction, focusing on the process of message transmission from a source text It highlights the communicative nature of translation, involving key roles such as the original author (source text producer), the translator (target text producer), and the final recipient of the target text The theory emphasizes the importance of these roles in the translational action, underscoring the collaborative effort required in effective translation.
TT as functionally communicative for the reader, i.e., the form and the genre of the
In translation, the target text (TT) should align with the cultural norms of the TT audience, a process overseen by the translator, who serves as an expert in facilitating effective intercultural communication.
Skopos theory, developed in Germany in the late 1970s by Vermeer, represents a significant shift from traditional linguistic approaches to a more functional and socio-culturally oriented perspective on translation The term "skopos," derived from Greek, emphasizes the importance of defining the purpose of translation before the process begins This theory addresses the increasing demand for translating non-literary texts, such as scientific papers, user instructions, tourist guides, and contracts, while highlighting the importance of contextual factors These factors encompass the culture of the target audience and the client's needs, as well as the intended function of the translated text.
1 As-Safi, A.B (2011) Translation Theories: Strategies and Basic Theoretical Issues Petra University
2 Vermeer, Hans J (1978) Ein rahmen fur eine allegemeine translationtheorie Heidelberg: Vermeer
Illustration of how translation theories applied in translating specific
This research aims to explore the application of translation theories in the process of translating an International Sales Contract from English to Vietnamese The analysis will be conducted in two steps: first, a careful examination of both the source text (ST) and the target text (TT) for each contract example, and second, a comparison to identify the presence and influence of translation theories in the TT.
1 As-Safi, A.B (2011) Translation Theories: Strategies and Basic Theoretical Issues Petra University
2 Palumbo, Giuseppe (2009) Key Terms in Translation Studies London: Continuum
3 Gutt, Ernst-August (2000) Translation and Relevance: Cognition and Context Manchester & Boston: St
Between: HONG BANG SHIP BUILDING
Add: No.1, Hanoi Street, Haiphong City,
Represented by: Mr Tong Van Manh -
Represented by: Mr Jai Gyu-Kweon-
This contract was made in VIETNAM and entered into on this November 8 th , 2002 by between A-PRO
METAL CORP., organized and existing under the law of KOREA (hereinafter referred to as "The Seller") &
HONG BANG SHIP BUILDING INDUSTRY &
CONSTRUCTION CO (VISDEMCO) organized and existing under the law of Vietnam (hereinafter referred to as "The Buyer")
Whereas, "Seller" sells the products (to be hereinafter defined), and
Whereas, "Buyer" buys the products which shall be specified in the ADDENDUM 1
Now therefore, in consideration of mutual convenient herein contained, the parties agree as follows:
The products shall be specified in the addendum showing commodities, price, quantity and specification which constitute an integral part of this contract
The consignee appointed by buyer is HONGBANG
Hợp đồng này được làm giữa các bên sau đây:
CÔNG TY CÔNG NGHIỆP TÀU THỦY VÀ XÂY DỰNG HỒNG BÀNG (VISDEMCO) Địa chỉ: Số 1 đường Hà Nội, Hải Phòng, Việt Nam Điện thoại: 84 31 525 28 Fax: 84 31 525
273 Đại diện: Mr Tống Văn Mạnh – Giám đốc Sau đây gọi là bên Mua
Và: A-PRO METAL CORPORATION Địa chỉ: 5F 27-1 KYONGYANG, JONG-
RO 6KA JONGRO-KU, SEUL, KOREA Điện thoại: (82) 2-764-7812 Fax: (82) 2- 764-7813
Tài khoản: 327-JSD-10620-6 tại KOREA EXCHANGE BANK, SEOUL Đại diện: Mr JAI GUYY-Kweon – Chủ tịch Sau đây gọi là bên Bán
Hợp đồng này được ký kết tại Việt Nam, có hiệu lực từ ngày 08/11/2002, giữa A-PRO METAL CORP., một công ty hoạt động theo luật pháp Hàn Quốc (gọi là bên Bán), và Công ty CNTT và Xây dựng Hồng Bàng (VISDEMCO), một công ty hoạt động theo luật pháp Việt Nam (gọi là bên Mua).
“Bên Bán” bán sản phẩm (sẽ được xác định sau), và
“Bên Mua” mua sản phẩm sẽ được nêu chi tiết trong Phụ lục 1
Hai bên sau khi xem xét lợi ích của mình đồng ý những điều khoản sau: Điều 1 Hàng hóa – Quy cách – Số lượng – Gía cả
- Gía trị tiền và nhận hàng
Sản phẩm sẽ được mô tả chi tiết trong phần phụ lục, bao gồm thông tin về hàng hóa, giá cả, số lượng và các chi tiết cần thiết để hình thành các điều khoản của Hợp đồng này.
Người nhận hàng được chỉ định bởi bên Mua là Công ty CNTT và xây dựng Hồng Bàng (VISDEMCO) Điều 2 Điều khoản thanh toán
NGƯỜI THỤ HƯỞNG: A-PRO METAL CORPORATION
12F 1216-1 Huyndai 41 Tower, 917-9 Mokdong Yangchongu Seoul, KOREA
FAX: (82) 2-764-7813 ADVISNG BANK: KOREA EXCHANGE BANK
905-20, Mokdong, Yangchun-ku, Seoul 158-055, KOREA
2.1 The Letter of Credit (L/C) shall be payable at the country of Beneficiary against the following shipping documents:
+ Full set of original clean on Board Bill of Lading
(B/L) marked "Freight Prepaid" made out to the order of the issuing bank and notifying the Applicant
+ 3/3 Signed Commercial Invoice based on net weight issued by the Seller in triplicate
+ 01 Orginal & 02 copies Certificate of Origin issued by Japanese Chamber of Commerce and Industry
+ 01 orginal or 01 copy of Certificate of quantity, issued by Nippon Kaiji Kentei Kyokai at the loading port
Within three days after shipment, a fax message must be sent to both the applicant and the issuing bank, detailing key shipment particulars This includes the vessel's Estimated Time of Departure (ETD) and Estimated Time of Arrival (ETA), as well as the net and gross weight, Bill of Lading (B/L) number and date, type of commodity, total invoice amount, the name, nationality, and age of the vessel, the shipping agent in Haiphong, and the Letter of Credit (L/C) number.
+ Beneficiary's certificate certifying that 01 set of non- negotiable documents has been sent directly to applicant by express courier within 05 days after shipment date
3-1 Destination in Haiphong port, Viet Nam
3-2 Partial shipments are not allowed
3-4 Loading on board from any Japanese Port
3-5 Latest date of shipment: December 15,
3-6 Buyer shall arrange a crane at discharging port
Within 05 working days after completion of loading of the goods, Seller shall provide the Buyer and consignee appointed by the Buyer with notice of shipment by fax
If the performance of this contract is hindered or delayed due to uncontrollable events such as war, revolution, riots, labor disputes, natural disasters, or other unforeseen circumstances, neither party will be held liable for any failure to fulfill their contractual obligations However, immediate notification of such events is required.
TEL: (82) 2-764-7811 FAX: (82) 2-764-7813 NGÂN HÀNG THÔNG BÁO: KOREA EXCHANGE BANK MOKONG BRANCH
905-20, Mokdong, Yangchun-ku, Seoul 158-055, KOREA
2.1 Thư tín dụng có thể được trả ngay tại nước Người thụ hưởng khi xuất trình những chứng từ giao hàng sau:
*Chứng từ tài liệu yêu cầu để giao dịch:
Bộ vận đơn gốc sạch đã được phát hành, ghi rõ "Cước trả trước", nhằm thực hiện lệnh của Ngân hàng phát hành và thông báo đến Người mở thư tín dụng, sau khi hàng hóa đã được xếp lên tàu.
+ 3/3 Hóa đơn Thương mại đã ký dựa trên trọng lượng thực do bên Bán phát hành
+ 01 bản gốc và 02 bản sao Giấy chứng nhận xuất sứ được cấp bởi Phòng Thương mại và Công nghiệp Nhật Bản
+ 01 bản gốc hoặc 01 bản sao Giấy chứng nhận số lượng do Nippon Kaiji Kentei Kyokai cấp tại cảng xếp hàng
Trong vòng 03 ngày sau khi xếp hàng, bên Bán sẽ thông báo cho người mở thư tín dụng và ngân hàng phát hành các thông số cơ bản của lô hàng qua Fax Thông tin bao gồm ngày tàu dự kiến khởi hành, ngày tàu dự kiến đến, trọng lượng thực và trọng lượng tịnh, số vận đơn cùng ngày ký, chi tiết hàng hóa, tổng giá trị tiền, tên, tuổi và quốc tịch của tàu, đại lý tàu biển tại Hải Phòng, giá trị hóa đơn và số L/C.
Giấy chứng nhận của Người thụ hưởng xác nhận rằng bộ chứng từ không chuyển nhượng sẽ được gửi trực tiếp cho người mở thư tín dụng qua chuyển phát nhanh trong vòng 05 ngày kể từ khi xếp hàng.
3.1 Cảng đến: Cảng Hải Phòng, Việt Nam 3.2 Chuyển tải từng phần: Không được phép 3.3 Giao hàng từng phần: Không được phép 3.4 Cảng xếp hàng: Bất kỳ Cảng nào tại Nhật 3.5 Ngày xếp hàng muộn nhất: 15/12/2002 3.6 Bên Mua phải thu xếp cẩu tại Cảng dỡ hàng Điều 4 Thông báo xếp hàng
Trong vòng 5 ngày làm việc sau khi hoàn tất việc xếp hàng, bên Bán sẽ gửi thông tin xếp hàng cho Người mua và người nhận hàng do bên mua chỉ định qua fax Điều 5 quy định về các trường hợp bất khả kháng.
Trong trường hợp hợp đồng bị đình trệ hoặc trì hoãn do chiến tranh, bạo loạn, đình công, hỏa hoạn, lũ lụt, bão hoặc các nguyên nhân ngoài tầm kiểm soát, các bên sẽ không chịu trách nhiệm về việc thực hiện hợp đồng hoặc bất kỳ phần nào của nó.
The Buyer will buy Insurance covering shortage risk
The inspection agency will be appointed by Insurance company
The Buyer has the option to request an inspection of the cargo specifications by SGS In the event of any specification-related claims, the final decision will be based on SGS's survey report regarding the type Please note that the Buyer is responsible for covering the inspection fees.
If disputes arise and the parties are unable to reach an amicable resolution within 80 days, the matter will be referred to the International Arbitration Center of the Chamber of Commerce and Industry of Vietnam for final settlement, following the established rules of conciliation.
Arbitration of International Chamber of Commerce
The decision taken by this Arbitration will be final and all the fees and expenses incurred in the Arbitration shall be borne by losing party
This contract represents the complete agreement between the parties, overriding all prior negotiations, representations, and commitments related to the subject matter Any modifications to this contract must be made in writing and agreed upon by authorized representatives of both parties.
All notices, requests, consents, offers, or demands required or allowed under this agreement must be in writing They will be considered sufficiently delivered if handed in person or sent via registered airmail, telex, or cable, with confirmation provided by a registered airmail letter.
This contract is not changed, modified or amended by the parties of this contract provided that such change, modification or amendment is in written and signed by both parties
IN WITNESS WHEREOF, the parties have caused this
Agreement to be executed by their duly authorized representative as the date of the first above written
SIGNED FOR AND ON BEHALF OF THE
SIGNED FOR AND ON BEHALF OF THE
BUYER hợp đồng này, với điều kiện là thông báo ngay lập tức về sự chậm trễ nói trên Điều 6 Bảo hiểm
Bên mua sẽ mua bảo hiểm rủi ro thiếu hụt Bên giám định sẽ do công ty Bảo hiểm chỉ định Điều 7 Giám định
Translation theories‟ implications for translating International Sales Contracts 47
The translation of International Sales Contracts from English to Vietnamese must be grounded in a solid theoretical framework Additionally, the methods used for contract translation can be succinctly categorized into two key approaches.
Standardization refers to fixed forms and expressions, while flexibility involves reasonable adjustments in translation To achieve effective rendering, it is essential to apply appropriate translation theories Based on my perspective and the previous analysis, Linguistic Theories and Functional Theories are the most prevalent approaches that can assist translators and legal professionals in producing high-quality translations of International Sales Contracts.
Linguistic theories emphasize the significance of vocabulary and sentence structure in translation, particularly in the context of International Sales Contracts These theories highlight the necessity of identifying equivalent terms in the target language (TL) to ensure the highest level of accuracy in translation.
These theories emphasize the importance of maintaining long sentences while ensuring precise structure and comprehensive meanings.
The application of Functional Theories, including Text-type Theory, Translational Action Theory, and Skopos Theory, is essential for translating International Sales Contracts into Vietnamese Given that the source text (ST) of a contract is classified as informative, the translation method employed prioritizes "plain prose" to avoid redundancy while incorporating explication when necessary Translational Action Theory emphasizes the creation of a target text (TT) that effectively communicates the intended function to the recipient Consequently, the translation aims to fulfill a purpose akin to that of the original document, adapting to a different linguistic and cultural context.
48 rules of Skopos theory, i.e skopos rule, coherence rule and fidelity rule proved to be good guidance for translating sales contracts
Translating legal texts, particularly an ISC from English to Vietnamese, demands meticulous effort from translators, who must adhere to the principle of fidelity The primary objective of legal translation is to accurately reproduce the source text (ST), leading both lawyers and linguists to agree on the necessity of literal translation, including for ISCs Although legal translators have gained the ability to create texts that reflect the spirit of the target language, fidelity to the ST remains a fundamental guideline Consequently, while Philological Theories, Sociolinguistic Theories, and Relevance Theory can address pragmatic issues, they are not typically applied in the translation of contracts.