LV thạc sỹ_Common mistakes in contract translation and some recommendations at VEDICO JSC

NATIONAL ECONOMICS UNIVERSITY ENGLISH FOR BUSINESS DEPARTMENT FACULTY OF FOREIGN LANGUAGES - o0o - “COMMON MISTAKES IN CONTRACT TRANSLATION AND SOME RECOMMENDATIONS FOR THE PROBLEM IMPROVEMENT AT VEDICO JSC” HANOI, MAY i ACKNOWLEDGEMENT My report would not have been possible without the guidance and the help of several institutions, individuals who in one way or another contributed their valuable assistance in its preparation and fulfillment First, … Last but not the least, I am indebted to my family, friends encouraging, supporting and giving me the strength in spirit over the last time Lastly, I offer my regards and blessings to all of those who stood by me during the report – doing process From bottom of my heart, I honestly wish them the best health and great success in their life and career ii TABLE OF CONTENTS 1 HANOI, MAY .1 (a)“Bank” means the World Bank and refers to the International Bank for Reconstruction and Development (the “IBRD”) or the International Development Association (the “IDA”) 71 (b)“Contract” means the Contract Agreement entered into between the Purchaser and the Supplier, together with the Contract Documents referred to therein, including all attachments, appendices, and all documents incorporated by reference therein 71 (c)“Contract Documents” means the documents listed in the Contract Agreement, including any amendments thereto 71 (d)“Contract Price” means the price payable to the Supplier as specified in the Contract Agreement, for the full performance and responsibilities as may be made pursuant to the Contract .71 (e)“Day” means calendar day .71 (f)“Delivery” means transporting the Goods from the Supplier to the Purchaser in accordance with conditions and terms in this Contract 71 (g) “Completion” means the fulfillment of the Related Services by the Supplier in accordance with the terms and conditions set forth in the Contract 71 (h)“Eligible Countries” is the country and territory eligible as listed in Part V, “Eligible countries in Bidding Documents” 72 (i)“GCC” means the General Conditions of Contract 72 (j)“Goods” means all of the commodities, machinery and/or other raw materials that the Supplier is required to supply to the Purchaser under the Contract .72 (k)“Purchaser’s Country” is the country specified in Part VIII of the Special Conditions of Contract (SCC) 72 (l)“Purchaser” means the entity/unit purchasing the Goods and Related Services, as specified in the SCC 72 (m)“Related Services” means the services incidental to the supply of the goods, such as insurance, installation, training and initial maintenance and other such obligations of the Supplier under the Contract 72 (n)“SCC” means the Special Conditions of Contract 72 (o)“Supplier” means the private or government entity, or a combination of the above, whose bid to perform the Contract has been accepted by the Purchaser and is named as such in the Contract Agreement and includes legal inherited person or be allowed by the inherited one of the Supplier 72 iii (p)“The Project Site,” where applicable, means the place named in the SCC of the Contract 72 (a)defines, for the purposes of this provision, the terms set forth below as follows: 73 ()bwill reject a proposal for award if the Bank determines that the bidder recommended for award directly or through representatives have engaged in corrupt or fraudulent or coercive practices in competing for the contract in question; 73 ()cwill cancel the portion of the loan allocated to the contract if the Bank determines at any time that representatives of the Borrower or of a beneficiary of the loan engaged in corrupt, fraudulent, collusive or coercive actions during the procurement or the execution of that contract, without the Borrower having taken timely and appropriate action satisfactory to the Bank to remedy the situation; 73 ()dwill sanction a firm or individual, including declaring them ineligible, either indefinitely or for a stated period of time, to be awarded a Bankfinanced contract if it at any time determines that they have, directly or through an agent, engaged, in corrupt, fraudulent, collusive or coercive practices in competing for, or in executing, a Bank-financed contract; and 74 ()ewill have the right to require an article including Bidding invitation documents and in the Bank-financed contract, require Contractors, Suppliers, Bidders to permit the Bank to inspect their accounts and records and other documents relating to the bid submission and contract performance and to have them audited by auditors appointed by the Bank 74 ()aUnless otherwise specified in the SCC, the meaning of any trade term and the rights and obligations of parties hereunder shall be as prescribed by Incoterms .74 ()bThe price terms EXW, CIP, FCA, CFR and other similar terms, when used, shall be governed by the rules prescribed in the current edition of Incoterms specified in the SCC and published by the International Chamber of Commerce in Paris, France 74 ()aSubject to GCC Sub-Clause 4.5(b) below, no relaxation, forbearance, delay, or indulgence by either party in enforcing any of the terms and conditions of the Contract or the granting of time by either party to the other shall prejudice, affect, or restrict the rights of that party under the Contract, neither shall any waiver by either party of any breach of Contract operating as waiver of any subsequent or continuing breach of Contract 75 ()bAny waiver of a party’s rights, powers, or remedies under the Contract must be in writing, dated, and signed by an authorized representative of the party granting such waiver, and must specify the right and the extent to which it is being waived 75 ()athe Purchaser or Supplier need to share with the Bank or other institutions participating in the financing of the Contract; 81 iv ()bnow or hereafter enters the public domain through no fault of that party;.81 ()ccan be proven to have been possessed by that party at the time of disclosure and which was not previously obtained, directly or indirectly, from the other party; or 81 ()dotherwise lawfully becomes available to that party from a third party that has no obligation of confidentiality 81 ()aThe Supplier shall ensure that the Goods and Related Services comply with the technical specifications and other provisions of the Contract 81 ()bThe Supplier shall be entitled to disclaim responsibility for any design, data, drawing, specification or other document, or any modification thereof provided or designed by or on behalf of the Purchaser, by giving a notice of such disclaimer to the Purchaser 81 ()cThe Goods and Related Services supplied under this Contract shall conform to the standards mentioned in Section VI, Schedule of Requirements and, when no applicable standard is mentioned, the standard shall be equivalent or superior to the official standards whose application is appropriate to the Goods’ country of origin 82 ()aThe installation of the Goods by the Supplier or the use of the Goods in the country where the Site is located; and 86 ()bThe sale in any country of the products produced by the Goods .86 Such indemnity shall not cover any use of the Goods or any part thereof other than for the purpose indicated by or to be reasonably inferred from the Contract, neither any infringement resulting from the use of the Goods or any part thereof, or any products produced thereby in association or combination with any other equipment, plant, or materials not supplied by the Supplier, pursuant to the Contract .86 ()adrawings, designs, or specifications, where Goods to be furnished under the Contract are to be specifically manufactured for the Purchaser; 88 ()bthe method of shipment or packing; 89 ()cthe place of delivery; and 89 ()dthe Related Services to be provided by the Supplier 89 ()aThe Purchaser, without prejudice to any other remedy for breach of Contract, by notice of default sent to the Supplier, may terminate the Contract in whole or in part: .90 ()bIn the event the Purchaser terminates the Contract in whole or in part, pursuant to GCC Clause 34.1(a), the Purchaser may procure, upon such terms and in such manner as it deems appropriate, Goods or Related Services similar to those undelivered or not performed, and the Supplier shall be liable to the Purchaser for any additional costs for such similar Goods or Related Services However, the Supplier shall continue performance of the Contract to the extent not terminated 90 v ()cif the Supplier, in the judgment of the Purchaser has engaged in fraud and corruption, as defined in GCC Clause 3, in competing for or in executing the Contract .90 REFERENCES 92 vi EXECUTIVE SUMMARY In today modern society, cross-border trading plays an integral role in the development of each countries Therefore, each nation is required to have a professional team of translators, interpreters to convey the content of documents in foreign languages into its own language Being aware of such great importance, VEDICO JSC.JSC supply translation s.ervices in all fields to all customers However, in the working process, focusing on contract translation, some mistakes have been made by staff, collaborators The purpose of this report is to find out common mistakes in contract translation in term of word choice, grammar, style, spelling and punctuation are made at VEDICO JSC.JSC The reason for this choice is that mistakes have serious influence on the quality, prestige and image of the company Sometimes they cost the customers much money if the terms and conditions in the contract are translated incorrectly From that, some personal recommendations for the company and its staff, collaborators are given to improve the company’s translation quality and enhance the image of the company in translation industry Major findings and analyses are put in 5 main parts of Chapter 3: • Word choice or lexical mistakes • Grammatical or syntax mistakes • Stylistic mistakes • Spelling mistakes • Punctuation mistakes On the basis of these findings, it is hoped that the company can attract more customers by applying some given recommendations Then it can get more success in the future and occupy a stable position in the translation industry vii 1 INTRODUCTION 1 Background: Nowadays, in the context of globalization and integration, the terminology “translation” is widely heard everywhere and every time However, what is translation clearly defined? As I found out, Tthis word derives from the Latin translatio (which itself comes from trans- and fero, together meaning "to carry across" or "to bring across") It can often be defined that “translation is the communication of the meaning of a source-language text by means of an equivalent target-language text”.(The Oxford Companion to the English Language, Tom McArthur, 1992, pp 1,051–54) In other words, it plays an integral role as a bridge or a channel through which nations exchange their cultural, scientific and literal achievement It helps improve the international understanding, socio-cultural awareness, professional communicative activities, implementation of technologies, and so much more Especially, translation helps to promote cross-border agreements which at least two strange businesses from different nations can make transaction and benefit Therefore, trtanslation is of undeniable significance to the development of the world culture and society With awareness of its importance, knowledge of translation I I got from the university study and interest in English, I find thatI translation have paidgetsis muchy attention to translation job.with its….A interesting, enjoyable and able to enrich my knowledge of many different fields but challenging I, Ttherefore, I cdecided to choose VEDICO JSC.JSC, which specializes in educational, economic, technological development, and international co-operation and translation services for my internship Moreover, the company is well-known for the translation services with a team of experienced and professional translators who always share valuable lessons with me 2 Rationales: At the company, I have been assigned to translate many documents from English to Vietnamese and vice versa but in the internship process, I have met difficulty as practice is different from the studied theory In fact, the practice of translation is not 64 quan ®Õn sù sai ph¹m hoÆc s¬ xuÊt cña ngêi cung øng vµ kh«ng thÓ dù ®o¸n tríc ®îc Nh÷ng sù kiÖn ®ã cã thÓ bao gåm, nhng kh«ng chØ bã hÑp ë nh÷ng hµnh ®éng cña Bªn mua trong n¨ng lùc chñ quyÒn, chiÕn tranh hoÆc c¸ch m¹ng, ho¶ ho¹n, lôt léi, dÞch bÖnh, c¸ch ly do dÞch bÖnh vµ cÊm vËn 31.3 NÕu t×nh huèng bÊt kh¶ kh¸ng ph¸t sinh, Bªn cung cÊp sÏ nhanh trãng b¸o cho bªn mua b»ng v¨n b¶n vÒ t×nh h×nh ®· riÔn ra vµ nguyªn nh©n x¶y ra… tríc khi bªn mua chØ ®¹o b»ng v¨n b¶n, bªn cung cÊp sÏ tiÕp tôc thùc hiÖn hîp lý Vµ t×m kiÕm nh÷ng ph¬ng tiÖn thay thÕ hîp lý ®Ó thùc hiÖn bÊt kh¶ kh¸ng kh«ng tr¸nh ®îc 32 Thay ®æi ®¬n hµng vµ söa ®æi Hîp §ång 32.1 Bªn mua lÖnh cho bªn cung cÊp cã thÓ vµo bÊt cø thêi ®iÓm nµo th«ng qua th«ng b¸o phï hîp víi GCC ®iÒu kho¶n 8, ®Ó thay ®æi trong ph¹m vi chung cña hîp ®ång, trong mét hay nhiÒu h¬n sau ®©y a B¶n vÏ, thiÕt kÕ, quy tr×nh kü thuËt, theo ®ã hµng ho¸ ®îc cung cÊp theo hîp ®ång lµ ph¶i ®îc s¶n xuÊt ®Æc biÖt cho bªn mua b Ph¬ng ph¸p giao hµng hoÆc ®ãng gãi; c §Þa ®iÓm giao hµng d DÞch vô liªn quan do bªn cung cÊp 32.2 NÕu bÊt cø sù thay ®æi nµo g©y ra sù t¨ng hay gi¶m trong chi phÝ ®Çu vµo, hoÆc thêi gian yªu cÇu, viÖc thùc hiÖn c¸c 65 ®iÒu kho¶n cña bªn cung cÊp theo hîp ®ång, vµ sÏ ®iÒu chØnh c«ng b¨ng trong gi¸ hîp ®ång Gi¸ hoÆc trong giao hµng/hoµn thµnh c¸c dÞch vô liªn quan, hoÆc c¶ hai vµ hîp ®ång sÏ ®îc söa ®æi theo ®ã BÊt cø khiÕu n¹i nµo do bªn cung cÊp ph¸t hµnh cho viÖc ®iÒu chØnh theo ®iÒu kho¶n nµy ph¶i ®îc x¸c nhËn trong vßng 28 ngµy kÓ tõ ngµy bªn cung cÊp nhËn ®îc lÖnh thay ®æi cña bªn mua 32.3 Gi¸ ®îc bªn cung cÊp tÝnh cho bÊt cø dÞch vô liªn quan nµo, gi¸ nµy cÇn thiÕt nhng kh«ng bao gåm trong hîp ®ång, sÏ ®îc hai bªn tho¶ thuËn tríc vµ sÏ kh«ng vît qu¸ tû gi¸ u ®·i do bªn cung cÊp tÝnh cho c¸c dÞch vô t¬ng tù 33 Gia h¹n 66 Āᜀ Ā頀頀頀33.Iǿᜀ頀頀頀頀ᜀᜀ頀頀ᜀ ᜀᜀᜀᜀᜀᜀᜀᜀ頀ᜀᜀ ᜀᜀᜀᜀᜀᜀᜀᜀᜀᜀ ᜀᜀᜀᜀᜀᜀᜀᜀᜀĀᜀ Ԅᜀ ̄ᜀ Ąᜀ ̄Ԅ Ąᜀ ᜀ ̄ԄᜀĀᜀ Ԅᜀ ̄ᜀ Ąᜀ ̄Ԅᜀ Ąᜀ ̄Ԅᜀᜀᜀ Ԅᜀ ̄ᜀ Ąᜀ ̄Ԅᜀ Ąᜀ ̄Ԅᜀ頀頀ᜀᜀ ᜀᜀᜀᜀᜀᜀᜀᜀĀᜀ Ԅᜀ ̄ᜀ Ąᜀ ̄Ԅᜀ Ąᜀ ̄ԄᜀĀᜀ Ԅᜀ ̄ᜀ Ąᜀ ̄Ԅᜀ Ąᜀ ̄Ԅᜀ頀頀ᜀᜀ ᜀᜀᜀᜀᜀᜀᜀᜀ ⌀ 頀ȁȀᜀ頀頀頀]ᜀᜀ頀頀頀頀ȁȀ頀頀頀頀 頀頀頀ᜀL頀ᜀ頀頀3ᜀ頀❼≴ 頀頀Wᜀ頀頀頀\ᜀᜀ頀頀頀頀頀頀ᜀᜀ頀頀頀⡒ȁȀȀᜀȁȀ頀頀頀頀%ᜀᜀ 頀頀頀頀頀ȁȀ頀頀頀頀e頀ZȁȀ頀頀 ȁȀᜀ頀"ȁȀff頀頀❼ ȀЀ頀頀ᜀ頀‫ﬥ‬KȀᜀ ȁȀ頀頀頀頀ȀЀ 頀頀頀頀:ȁȀἀ頀ᜀ頀&ȀЀ頀頀⇿頀BȁȀ頀頀DȁȀᜀ頀JȁȀ‫ﬥ‬ɋᜀ頀ᜀ頀頀3ᜀ頀ᜀLȁȀ頀頀PȁȀ 頀≴ɗᜀ 頀ᜀ頀頀3ᜀ頀頀頀頀3ᜀᜀ頀頀頀頀頀Ὕ頀