An overview of translation theories and its implications for the translation of english vs vietnamese legal texts

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An overview of translation theories and its implications for the translation of english vs  vietnamese legal texts

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MINISTRY OF EDUCATION AND TRAINING HO CHI MINH CITY UNIVERSITY OF LAW GRADUATION THESIS B.A DEGREE IN ENGLISH Major: Legal English AN OVERVIEW OF TRANSLATION THEORIES AND ITS IMPLICATIONS FOR THE TRANSLATION OF ENGLISH VS VIETNAMESE LEGAL TEXTS Supervisor : PHAM THI THUY DUNG, MA Student : DANG THI NGOC MUOI Student ID : 1652202010035 Class : LE41 Ho Chi Minh City, 2020 i HO CHI MINH CITY UNIVERSITY OF LAW Socialist Republic of Vietnam FACULTY OF LEGAL LANGUAGES Independence – Freedom - Happiness Major: Legal English COMMENTS OF SUPERVISOR Student: DANG THI NGOC MUOI Student ID: 1652202010035 Class: LE41 Thesis title: AN OVERVIEW OF TRANSLATION THEORIES AND ITS IMPLICATIONS FOR THE TRANSLATION OF ENGLISH VS VIETNAMESE LEGAL TEXTS Thesis objectives: Submission date of thesis: Supervisor: Comments of Supervisor: Score of thesis evaluated by Supervisor: Contents and objectives of thesis were passed through the Supervisor and Department Date … Month … Year 2020 SUPERVISOR’S SIGNATURE ii ACKNOWLEDGEMENT During the process of fulfilling this graduation paper, I have received a great deal of invaluable support, guidance and timely encouragement from my teachers, family and friends It would be necessary for me to devote this opening page to show my gracefulness towards these beloved people First and foremost, I would like to express my grateful thanks to my research supervisor, Ms Pham Thi Thuy Dung, for her unfailing encouragement, constant support and supervision during all stages of this study Her detailed comments and valuable advice have tremendously helped me shape my ideas and realize my aims She has also provided me with a lot of materials as well as created favorable conditions for me to complete this research Therefore, it is an undeniable fact that my paper would have never been accomplished without her dedicated assistance Secondly, I am greatly indebted to Ms Pham Thi Phuong Anh and Mr Luong Minh Hieu (lecturers in Department of Legal English) for spending time answering my questions, for being so kind to show interest in my research and for giving precious advices Besides, I want to show my genuine appreciation towards all lecturers whom I have had the opportunity to collaborate with during my four years in HCMC University of Law Thanks to their wonderful lectures, I have been enriched the academic knowledge of my major – Legal English and had a good background to this graduation paper Moreover, I would like to express my sincere gratitude to my head teacher, Ms Le Thi Xuan Thu for her support and inspirations from the very first days of my university life In addition, I am extremely grateful to my friends for their encouragement and precious assistance throughout my dissertation Their spiritual support is an important driving-force for me during this difficult time Especially, I wish to thank my classmates in LE41 class for their enthusiastic and effective cooperation in the pre-research interview Finally, I take this opportunity to express deepest gratitude to my dear family, specially my parents for the unceasing encouragement, support and attention during my years of study and through the process of researching and writing this thesis Ho Chi Minh City, 22nd May 2020 LIST OF ABBREVIATIONS SL : Source Language TL : Target Language ST : Source Text TT : Target Text ISC : International Sales Contract LIST OF TABLES Table Functional characteristics of text types to translation methods 28 Table Analyzing lexical features of International Sales Contract 35 Table Analyzing syntactic features of International Sales Contract 36 Table Analyzing lexical and syntactic features of International Sales Contract 45 LIST OF FIGURES Figure Conceptual Framework of the study 23 Figure An overview of translation theories .25 TABLE OF CONTENTS ACKNOWLEDGEMENT LIST OF ABBREVIATIONS LIST OF TABLES LIST OF FIGURES TABLE OF CONTENTS CHAPTER 1: INTRODUCTION 10 1.1 Background to the study 10 1.2 Aim of the study .11 1.3 Research questions 11 1.4 Significance of the study 12 1.5 Scopes of the research 12 1.6 Outline of the thesis 12 CHAPTER 2: LITERATURE REVIEW 14 2.1 Definition of the key terms 14 2.1.1 Translation – Translation theories 14 2.1.1.1 Translation .14 2.1.1.2 Translation theories 15 2.1.2 Legal translation 16 2.1.3 International Sales Contract 18 2.2 Previous studies 19 CHAPTER 3: METHODOLOGY 21 3.1 Research questions .21 3.2 Context and design of the study 21 3.3 Research instruments 22 3.4 Conceptual framework 23 CHAPTER 4: RESULTS AND DISCUSSION 25 4.1 An overview of translation theories .25 4.1.1 Linguistic Theories 26 4.1.2 Philological Theories .26 4.1.3 Functional Theories .27 4.1.3.1 Text-type Theory .27 4.1.3.2 Translational Action Theory 29 4.1.3.3 Skopos Theory .29 4.1.4 Sociolinguistic Theories 30 4.1.5 Relevance Theory 31 4.2 Illustration of how translation theories applied in translating specific International Sales Contracts 31 4.2.1 International Sales Contract 32 4.2.1.1 Linguistic Theories 35 4.2.1.2 Philological Theories 37 4.2.1.3 Functional Theories 38 4.2.1.4 Sociolinguistic Theories 40 4.2.1.5 Relevance Theory 40 4.2.2 International Sales Contract 42 4.3 Translation theories‟ implications for translating International Sales Contracts 47 4.3.1 Linguistic Theories 47 4.3.2 Functional Theories .47 4.3.3 The remaining theories 48 CHAPTER 5: CONCLUSION 49 5.1 Conclusion 49 5.2 Limitations of the study .49 5.3 Recommendations for further study .50 REFERENCES 51 CHAPTER 1: INTRODUCTION 1.1 Background to the study Nowadays, although English is not an official language in many countries, it is the language most often taught as a foreign or a second language Around the world, there are an estimated 1.5 billion people learning English1 There are many reasons why learning English has seen an exponential growth in recent years, it all boils down to the fact that English has become the “global language” of business, politics, international relations, culture, and entertainment2 As a result, the necessity of translation service from English to other languages and vice versa is dramatically important in modern world Not only people depend on it to bridge communication gap, but it also accommodates human access to the wealth of many global aspects Due to the development of the demands of translation, throughout the time, there are a lot of scholars around the world trying to investigate and analyze translation theories in order to find ways to deal with the issues of translation It is unquestionable that translation theories have an important role not only in determining the suitable translation methods but also providing a background for problem solving Besides, it is noticeable that there are different co-existing theories, each directed toward the same object of study but with a different approach and focus From these things, the question of “Which theory should be applied to produce a good translation, especially in the legal field?” is raised With open-door policies for all countries in the world and in the integration process of the globalization, there have been more and more foreign investors to Vietnam This creates chances for economic development Therefore, the translation of Vietnamese legal documents into the “global language” - English and vice versa is crucially essential As a student majoring in Legal English, in my university curriculum, I realize that many of my classmates are found getting into difficulties with the “Legal Translation” subject From that fact, with the aim of finding out which type of legal documents they struggle the most, a small interview had been adopted for Beare, Kenneth (2020, February 11) How Many People Learn English? Retrieved from https://www.thoughtco.com/how-many-people-learn-english-globally-1210367 al, N P (2012) Research in English and Applied Linguistics (REAL) Vol 2: Beautiful World is Seen from the Eyes of Linguists LLC Publishing 10 skopos theory provides the direction and guidance for contract translation The translation of International Sales Contract requires strong orientation to recipients or target users, usually the parties to the contract According to Hans J Vermeer (1989)1, there are three main rules of the skopos theory: skopos rule, coherence rule and fidelity rule For skopos rule, skopos is a Greek word for “aim” or “purpose” “The topranking rule for any translation is thus the skopos rule, which means that a translation action is determined by its skopos; that is, the end justified the means” by Reiss and Vermeer In International Sales Contract translation, the targeted aim is to provide a production of translating which is similar to the original but in different language, specifically here is in Vietnamese version For coherence rule, it states that the TT must be translated in such a way that it is coherent for the TT receivers, given their situational contexts and knowledge In this kind of International Sales Contract translation, the smooth and effective communication should be highlighted This means the translators should pay much attention to the formality and appropriateness of the legal language in contract occasions, and find the right way to make the TT coherent and accurate for the readers The following is a typical case of good clause translation: English version Article Force Majeure In the event that the performance of this contract is prevented or delayed, in whole or in part by war, revolution, riot, strike or other labor dispute, fire, flood, typhoon or any other causes beyond the control of the parties hereto, then the parties shall not be liable for any default in the performance of all or any part of this contract, provided that immediate notice of said delay Vietnamese version Điều Bất khả kháng Trong trường hợp việc thực hợp đồng bị đình lại trì hỗn, tồn phần bị ảnh hưởng chiến Vermeer, Hans J (1989) Skopos and Commission in Translational Action In Chesterman Ofp Cit 39 tranh, bạo loạn, đình cơng tranh chấp lao động khác, hỏa hoạn, lũ lụt, bão nguyên nhân khác tầm kiểm sốt bên, bên khơng bị ràng buộc trách nhiệm hợp đồng phần hợp đồng này, với điều kiện thông báo chậm trễ nói For fidelity rule, it emphasizes there must be coherence between the translated version and the ST The fidelity of International Sales Contract translation refers to a logical, precise, and cross-cultural equivalent shift from SL to translated text The degree of fidelity, to a great extent, can be shown by the accurate translation of terms or clauses Any distortion or ambiguity in translation is a serious violation of this rule Here is an example of qualified translation of the above contract: 2.1 The Letter of English version Credit (L/C) shall be payable at the country of Beneficiary against the following shipping documents: Vietnamese version 2.1 Thư tín dụng trả nước Người thụ hưởng xuất trình chứng từ giao hàng sau: 4.2.1.4 Sociolinguistic Theories Sociolinguistic theories of translating relate linguistic structures to a higher level where they can be viewed in terms of their function in communication However, when performing the translation of an International Sales Contract from English to Vietnamese, the translators concentrate on create a product which guarantees the contents of the original and is legally valid rather than give attention to the receptor's role in translation process as well as communicative process Therefore, sociolinguistic theories not appear in the translating of contracts in general, International Sales Contracts in particular 4.2.1.5 Relevance Theory Quite similar to sociolinguistic theories regarding of focusing on communicative aspect, relevance theory is primarily concerned with how language is 40 used in communication, particularly with the way meaning is conveyed and manipulated by the participants in a communicative situation However, contract translation is so strict that the translator indeed must follow precise rules and choose certain words and expressions, having no space for his/her own personal creativity or freedom, the application of relevance theories does not exist in this situation 41 4.2.2 International Sales Contract English version Vietnamese version No.: Date: Hereinafter we signed as follows: BETWEEN: [ ABC ] LIMITED LIABILITY COMPANY Branch Code: Address: Tel: Telex: Fax: Mobile: Email: Represented by: Mr - Position: Director Bank Account No.: at Bank: Bank Branch: ……………………………… Hereinafter referred to as “Buyer” AND: [ XYZ ] LIMITED LIABILITY COMPANY Company License No (Code) Address: Tel: Telex: Fax: Mobile: Email: Represented by: Mr - Position: Bank Account No.: at Bank: - Branch: HỢP ĐỒNG NGOẠI THƯƠNG MUA BÁN HÀNG HOÁ Số: Ngày: Chúng ký tên là: Giữa: [ ABC ] LIMITED LIABILITY COMPANY Mã số Chi nhánh: Địa chỉ: Tel: Telex: Fax: Mobile: Email: Đại diện bởi: Mr - Chức vụ: Giám đốc Số tài khoản: Ngân hàng:………………… Chi nhánh: … Sau gọi "Bên mua" Và: [ XYZ ] LIMITED LIABILITY COMPANY Số Giấy phép: Địa chỉ: Tel: Telex: Fax: Mobile: Email: Đại diển bởi: Mr - Chức vụ: Số tài khoản: Ngân hàng: - Chi nhánh: Hereinafter referred to as “Seller” It has been agreed that the Buyer buys and the Seller sells on the terms and conditions as follows: Sau gọi "Bên bán" Bên mua đồng ý mua Bên bán đồng ý bán với điều khoản điều kiện đây: ARTICLE 1: COMMODITY, QUALITY, QUANTITY AND PRICE 1.1 Quality: Raw materials of the goods must meet quality requirements is of best type, with the following requirements:  All goods must meet the criteria TR1  Over 90% (ninety percent) of the skin surface area can be used 1.2: Price:  Price to be understood DAP (Incoterms 2010) Saigon Port (Ho Chi Minh City, Vietnam)  Total value of this Contract by DAP Saigon Port (Ho Chi Minh City, Vietnam): 300000 USD ĐIỀU 1: MƠ TẢ HÀNG HỐ, CHẤT LƯỢNG, SỐ LƯỢNG VÀ GIÁ CẢ [Office1] 1.1 Chất lượng: Nguyên liệu hàng hoá phải đạt yêu cầu chất lượng phải loại tốt nhất, với yêu cầu sau: In words: Three hundred thousand US Dollars Bằng chữ: Ba trăm nghìn la Mỹ SALES CONTRACT   Lơ hàng phải đạt tiêu chuẩn TR1 Trên 90% diện tích mặt da dùng 1.2 Giá:  Giá xác định theo điều kiện DAP (Incoterm 2010 Cảng Sài Gòn (Tp.Hồ Chí Minh, Việt Nam)  Tổng giá trị Hợp đồng theo điều kiện DAP Cảng Sài Gòn (Tp Hồ Chí Minh, Việt Nam): 300 000 la Mỹ 42 ARTICLE 2: SHIPMENT 2.1 Time of delivery no later on: 30 days 2.2 Port of loading: Chennai, India 2.3 Port of discharge: Ho Chi Minh City, Vietnam 2.4 Port of destination: Ho Chi Minh City, Vietnam 2.5 After loading, within 24 hours, the Seller shall telex/email the information of commodity, contract number, quantity, weight, invoice value, name of carrying vessel, loading port, number of Bill of Lading, date of shipment ĐIỀU 2: GIAO HÀNG 2.1 Thời gian giao hàng không trễ hơn: 30 ngày 2.2 Cảng xếp hàng: Cảng Chennai, India 2.3 Cảng dỡ hàng: Thành phố Hồ Chí Minh, Việt Nam 2.4 Cảng đến: Thành phố Hồ Chí Minh, Việt Nam 2.5 Sau xếp hàng, vòng 24 giờ, người bán telex/email thông tin mô tả hàng hoá, số hợp đồng, số lượng, trọng lượng, giá trị hóa đơn, tên mang tàu, cảng xếp hàng, số vận đơn, ngày giao hàng ARTICLE 3: PAYMENT 3.1 By Irrevocable L/C with bank details: ĐIỀU 3: THANH TOÁN 3.1 Thanh tốn Thư tín dụng (L/C) khơng huỷ ngang với thông tin Ngân hàng sau: INTERMEDIARY BANK: SWIFT CODE: BENEFICIARY BANK: SWIFT CODE: BENEFICIARY: CURRENT ACCOUNT NUMBER: 3.2 Chứng từ toán: Thanh toán thực cung cấp đầy đủ giấy tờ sau đây: INTERMEDIARY BANK: SWIFT CODE: BENEFICIARY BANK: SWIFT CODE: BENEFICIARY: CURRENT ACCOUNT NUMBER: 3.2 Document for payment: Payment shall be made upon presentation to bank of the following documents:  Bill of Lading – B/L certified goods were loaded  Invoice;  Packing List;  Certificate of Origin;  Insurance Certificate;  Shipping Documents;  The minutes of delivery to the buyer, with the signature and seal of the buyer; and confirmed without any claim to the goods  Certificate of quality by (if any) All the above documents must be made in each of the three versions (triplicate)  Vận đơn xác nhận hàng bốc;       Hoá đơn; Bảng kê chi tiết hàng hố đóng thùng; Giấy chứng nhận xuất xứ, nguồn gốc; Chứng từ bảo hiểm lô hàng; Chứng từ giao hàng; Biên giao hàng cho Bên mua, có ký tên đóng dấu Bên mua xác nhận khơng có khiếu nại hàng hố  Chứng nhận chất lượng (nếu có); Tất tài liệu phải lập thành loại ba ARTICLE 4: PACKING AND MARKING Goods packed in new , net weight of each is kg, about kg gross And a number of other requirements (if any) ĐIỀU 4: ĐĨNG GĨI VÀ BAO BÌ Hàng hố đóng mới, trọng lượng tịnh kg, khoảng kg bì Và số yêu cầu khác (nếu có) ARTICLE 5: INSURANCE The Seller have to by the insurance for goods with the following requirements:  Insurance Value: 100% value of this Contract  Duration of insurance: until the Buyer receives the goods  Insurance beneficiary: Buyer of this Contract ĐIỀU 5: BẢO HIỂM Người bán phải mua bảo hiểm hàng hoá theo yêu cầu đây:  Giá trị bảo hiểm: 100% giá trị Hợp đồng  Thời hạn bảo hiểm: Bên mua nhận hàng  Người thụ hưởng: Bên mua Hợp đồng ARTICLE 6: RESPONSIBILITY OF BOTH PARTIES 6.1 Delivery delay: Each day of delay will be fined Seller an amount is / day 6.2 Incorrect quality goods: The Seller will be ĐIỀU 6: TRÁCH NHIỆM CỦA CÁC BÊN 6.1 Giao hàng chậm: Mỗi ngày giao chậm Bên bán chịu phạt số tiền ./ ngày 6.2 Giao hàng không chất lượng: Bên bán 43 refunded the entire amount to the Buyer and shall be fined an amount of 20% (twenty percent) of total of this contract And the Seller shall bear all expenses for the reception of their goods and of return their goods 6.3 The time of opening L/C: The Buyer is responsible for opening L/ C before the expected date of loading is 30 (thirty) days chịu hoàn trả lại toàn số tiền cho Bên mua chịu phạt khoản tiền 20% (hai mươi phần trăm) tổng giá trị Hợp đồng Đồng thời Bên bán chịu chi phí cho việc nhận lại hàng chuyển nước 6.3 Thời điểm mở L/C: Bên mua có trách nhiệm mở L/C trước ngày Bên bán dự kiến giao hàng 30 (ba mươi) ngày ARTICLE 7: ARBITRATION 7.1 Any dispute arising out of or in relation with this contract shall be resolved by arbitration at the Vietnam International Arbitration Centre at the Vietnam Chamber of Commerce and Industry (VIAC) in accordance with its Rules of Arbitration Adding agreed contents : (a) the number of arbitrators shall be one (b) the place of arbitration shall be in Ho Chi Minh City, Vietnam (c) the governing law of the contract is the substantive law of Vietnam (d) the language to be used in the arbitral proceedings shall be in English Arbitration decision shall be accepted as final the both parties 7.2 The fees for arbitration and/or other charges shall be borne by the losing party, unless otherwise agreed ĐIỀU 7: TRỌNG TÀI 7.1 Mọi tranh chấp phát sinh từ liên quan đến hợp đồng giải trọng tài Trung tâm Trọng tài Quốc tế Việt Nam bên cạnh Phịng Thương mại Cơng nghiệp Việt Nam (VIAC) theo Quy tắc tố tụng trọng tài Trung tâm Nội dung thoả thuận thêm: (a) số lượng trọng tài viên (b) địa điểm trọng tài thành phố Hồ Chí Minh, Việt Nam (c) luật áp dụng cho hợp đồng pháp luật Việt Nam (d) ngôn ngữ trọng tài Tiếng Anh ARTICLE 8: AMENDMENT/ALTERATIONS Any amendments or alterations of the terms of this contract must be mutually agreed previously and made in writing This Contract was made into 06 (six) copies in English and Vietnamese languages of the equal validity Each party will keep 03 (three) copies The contract takes effect from the date of signing ĐIỀU 8: SỬA ĐỔI, BỔ SUNG Mọi sửa đổi, bổ sung Hợp đồng phải đồng ý bên lập thành văn Represented by Seller Represented by Buyer ĐẠI DIỆN BÊN BÁN ĐẠI DIỆN BÊN MUA Quyết định Trọng tài định cuối có hiệu lực bên 7.2 Bên thua chịu chi phí trọng tài chi phí khác, bên khơng có thoả thuận khác Hợp đồng lập thành 06 (sáu) tiếng Anh tiếng Việt, có giá trị pháp lý Mỗi bên giữ 03 (ba) Hợp đồng có hiệu lực kể từ ngày ký In general, although the second example of ISC has different contents compared to the first one, the format and translation theories applied are the same The reason for that is the nature of a contract as well as the nature of contract translation is unchanged Substantially, contracts fall into the category of written legal genres with a great formality in style caused by the use of some formulaic and fixed expressions All translators want to accurately reflect all the nuances of the source text and the legal system it comes from in a format the reader understands and expects To be more specific, the linguistic theories, along with functional theories of translation applied in the ISC example are similar to ISC example Regarding linguistic theories, a number of lexical and syntactic features including specialized 44 terms, archaic adverbs, abbreviation, complex sentences, and passive voice are present and translated faithfully that all exemplify for the application of linguistic theories These features are presented as follows: Table Analyzing lexical and syntactic features of International Sales Contract Lexical/Syntactic English version Vietnamese version features Specialized terms Vận đơn Bill of Lading Archaic adverbs and Hereinafter referred to as Sau gọi "Bên bán" prepositional phrases “Seller” Abbreviation Bill of Lading (B/L) Vận đơn Letter of credit (L/C) Thư tín dụng Proper application of Any dispute arising out of or Mọi tranh chấp phát sinh từ passive voice in relation with this contract liên quan đến hợp shall be resolved by đồng giải arbitration at the Vietnam trọng tài Trung tâm Arbitration Trọng tài Quốc tế Việt Nam International Centre at the Vietnam bên cạnh Phòng Thương Chamber of Commerce and mại Công nghiệp Việt Industry (VIAC) in Nam (VIAC) theo Quy tắc accordance with its Rules of tố tụng trọng tài Trung Arbitration tâm The fees for arbitration and/or Bên thua chịu other charges shall be borne chi phí trọng tài chi by the losing party, unless phí khác, bên otherwise agreed khơng có thoả thuận khác The same result goes for functional theories, where text-type theory, translational action theory and skopos theory are put in the process of translating from English version contract to Vietnamese one As analysed in ISC 1, the ISC falls into the informative type in the similar way Besides, when dealing with legal documents like contracts that are concurrently valid in the TL, legal translators have traditionally been 45 bound by the principle of fidelity to the ST That is what translational action theory and skopos theory used in translating so as to reproduce the content of the ST as accurately as possible As for philological theories, sociolinguistic theories and relevance theory, these theories not appear as the same reason analyzed in the part of International Sales Contract 46 4.3 Translation theories’ implications for translating International Sales Contracts It is unquestionable that the translation of English vs Vietnamese International Sales Contracts should rely on some kinds of theoretical foundation In addition, it is found that contract translation method can be summarized into two words, “standardization”, which means fixed forms and expressions, and “flexibility”, which means reasonable adjustments In order to achieve a good rendering, some suggestions of which translation theories should be applied will be proposed From my perspective as well as according to the results of the illustration above, the most common translation theories that can help the translators or lawyers to obtain a qualified translation of International Sales Contract are Linguistic Theories and Functional Theories 4.3.1 Linguistic Theories As for Linguistic Theories, they focus on the translation from two aspects: the vocabulary and sentence structure From the perspective of vocabulary characteristics of International Sales Contract, the linguistic theories indicate the importance of finding the equivalent words in TL in such a way that they are the most accurate ones On the other hand, with regard to sentence structure, these theories encourage ensuring the preserving of long sentence, the preciseness of sentence structure and the accuracy and comprehensiveness of meanings 4.3.2 Functional Theories The three subsumed theories of Functional Theories including Text-type Theory, Translational Action Theory and Skopos Theory are all usefully applied for translating International Sales Contract to Vietnamese version As determined before, the ST of a contract falls into informative type, thus the corresponding translation method adopted is to use “plain prose” without redundancy, but with the use of explication when required Translational action theory focuses very much on producing a TT that is functionally communicative for the receiver As a result, the translation of a contract is intended to serve a purpose similar to that of the original, though as an instance of communication in a different linguistic and cultural setting Finally, the three major 47 rules of Skopos theory, i.e skopos rule, coherence rule and fidelity rule proved to be good guidance for translating sales contracts 4.3.3 The remaining theories Translating a legal text, especially an ISC from English into Vietnamese requires a painstaking effort on the part of the translator Legal translators have been bound by the principle of fidelity Convinced that the main goal of legal translation is to reproduce the content of the ST as accurately as possible, both lawyers and linguists agreed that legal texts had to be translated literally, translation of ISC is not an exception under this circumstance Even after legal translators won the right to produce texts in the spirit of the target language, the general guideline remained fidelity to the ST Therefore, according to the nature of the contract as well as the nature of translation, Philological Theories, Sociolinguistic Theories and Relevance Theory could be used to deal with the pragmatic problems rather than applied in translating contracts 48 CHAPTER 5: CONCLUSION 5.1 Conclusion In the context of international integration, the demands of translating legal documents from the mother tongue into the common language - English has increased significantly due to the fact that a country has to access to the laws of others to deal with legal issues involving foreign elements As a student of Department of Legal English, I am even more aware of the importance of legal translation work as well as the challenges and difficulties which legal translators have to cope with One of them is the cultural and social norms and traditions within legal systems of the country where the text originated, as well as the country for which the translation is prepared In order to well-undertake this translation work, it is undeniable that the translators must employ some translation theories From these points, I have come to the decision of conduct a research on an overview of translation theories and its implication for the translation of English vs Vietnamese legal texts At the beginning, it is quite challenging to determine the main point for the study since the researcher could not cover all legal texts existed However, with the help of the Supervisor, teachers and friends, the results at last are quite satisfying, which can be useful in learning processes to some extent 5.2 Limitations of the study Although a great deal of effort has been put into the paper, there are still some limitations They come from the time limit and the access to resources Firstly, they hindered me from making the paper more convincing with more data collected To be more specific, although there is a lot of translation theories discovered by many scholars throughout the world, this study only focused on some of those theories The same reasons could be found in giving examples of contract translation for illustration In fact, due to an outstanding characteristic of every contract, that is confidentiality, it is truly difficult to find contracts (English version) with translations (Vietnamese version) published Fortunately, the two given examples were found after a long-hard search through the Internet In summary, the findings in this thesis are typically within the capacity and effort of the researcher 49 5.3 Recommendations for further study Thanks to the limitations pointed out in the previous part, it is strongly recommended that a greater amount of time should be spent on documents collecting In addition, for the topic of this thesis, there are still a number of issues turning around the integration between translation theories and legal translation Accordingly, further research may be carried out on others translation theories which have not been yet explored in this paper to deal with the issues of legal translation; or another specific type of legal texts except International Sales Contract could be adopted for researching the translation theories‟ implications for the translation of this text 50 REFERENCES al, N P (2012) Research in English and Applied Linguistics (REAL) Vol 2: Beautiful World is Seen from the Eyes of Linguists LLC Publishing As-Safi, A.B (2011) Translation Theories: Strategies and Basic Theoretical Issues Petra University Baker, Mona (ed) (2005) Routledge Encyclopedia of Translation Studies London: Routledge Beare, Kenneth (2020, February 11) How Many People Learn English? Retrieved from https://www.thoughtco.com/how-many-people-learn-english- globally-1210367 Cao, D (2007) Translating Law Clevedon, UK: Multilingual Matters Catford, J.C (1965) A Linguistic Theory of Translation London: Oxford University Press Finlay, I.F (1971) Translating Edinburgh: The English University Press Foster, M (1958) Translation from/into Farsi and English Retrieved from http://www.parsa-ts.com/index.htm Graham, Joseph F (1981) Theory for Translation in Rose (ed) below 10 Gutt, Ernst-August (2000) Translation and Relevance: Cognition and Context Manchester & Boston: St Jerome Publishing 11 Harvey, M (2002) What‟s so Special about Legal Translation? Meta, 47 (2) 12 Hatim, B & Mason, I (1997) Translator as communicator London and New York: Routledge 13 Internatiional contracts (n.d.) Dictionary of International Trade Retrieved from https://www.globalnegotiator.com/international- trade/dictionary/international-contracts/ 14 International Sales Contract (n.d.) Dictionary of International Trade Retrieved from https://www.globalnegotiator.com/international- trade/dictionary/international-sales-contract/ 15 Luu Trong Tuan (2012) An introduction into translation theories Nhà xuất Đại học Quốc gia Thành phố Hồ Chí Minh (Ho Chi Minh City National University Publisher) 51 16 Newmark, P (1981) Approaches to Translation Oxford: Pergamon Press Ltd 17 Newmark, P (1991) About Translation: Multilingual Matters Clevedon, Philadelphia, Adelaide: Multilingual Matters Ltd 18 Nida, E and Taber, C (1969) The Theory and Practice of Translation Leiden: E.J Brill 19 Nida, E A (1991) Theories of Translation TTR, (1), 19–32 Retrived from: https://doi.org/10.7202/037079ar 20 Nida, Eugene A (1976) A Framework for the Analysis and Evaluation of Theories of Translation In R.W Brislin (ed) 21 Ordudari, M (2007) Translation procedures, strategies and methods Translation Journal 22 Palumbo, Giuseppe (2009) Key Terms in Translation Studies London: Continuum 23 Pinchuck, I (1997) Scientific and Technical Translation Andre Deutsch 24 Reiss, Katherina (1977) Text-types, Translation Types and Translation Assessment In Chesterman, Andrew Ed Readings in Translation Theory Finland: Oy Finn Lectura Ab 25 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 26 Šarčević, S (1997) New Approach to Legal Translation The Hague/ London/ Boston: Kluwer Law International 27 Savory, T (1969) The Art of Translation London: Jonathan Cape Ltd 28 Shuttleworth, Mark and Moiro Cowie (2007) Dictionary of Translation Studies Manchester: St Jerome Publishing 29 Tianmin, S.J (2000) Translation in context Retrieved from http://accurapid.com/journal/36context.htm 30 Vallejo, J D (n.d.) Translation Theory TranslationDirectory.com Retrieved from https://www.translationdirectory.com/article414.htm 31 Vermeer, Hans J (1978) Ein rahmen fur eine allegemeine translationtheorie Heidelberg: Vermeer 52 32 Vermeer, Hans J (1989) Skopos and Commission in Translational Action In Chesterman Ofp Cit 33 Wikipedia (n.d.) Legal translation Retrieved from https://en.wikipedia.org/wiki/Legal_translation 34 Wilss, W (1982) The Science of Translation Stutgart: Gunter Narr verlag Tubingen 53 ... linguistic and cultural knowledge in the native language and foreign languages For the reasons above, I choose ? ?An overview of translation theories and its implications for the translation of English vs. .. Class: LE41 Thesis title: AN OVERVIEW OF TRANSLATION THEORIES AND ITS IMPLICATIONS FOR THE TRANSLATION OF ENGLISH VS VIETNAMESE LEGAL TEXTS Thesis objectives: Submission date of thesis:... mistake if the graduation thesis of Ms Nguyen Hong Phuc (2019) which has the same topic with my paper ? ?An overview of translation theories and its implications for the translation of English vs Vietnamese

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