Through the pilot study in chapter III, there are some typical differences as well as particular similarities between BC in English and Vietnamese in terms of overall structure, lexical
Rationale
As global economic growth accelerates, cross-border trade activities have expanded significantly, emphasizing the importance of business contracts as essential legal documents in international transactions According to Tsay and Agrawal (2003), a contract is an agreement between two parties designed to share risks and foster long-term relationships Legally, it outlines the rights, obligations, and responsibilities of buyers and sellers, including specific terms related to performance periods, breach of contract, and indemnity conditions when commitments are not met Contract language possesses unique features that reflect its legal significance, with precise and accurate vocabulary reinforcing the binding nature of the agreement Each professional field, including contract law, develops its own linguistic characteristics to ensure clarity and enforceability (Gibbons, 2003).
Effective contract drafting, particularly for Business Communications (BC), is crucial for both Vietnamese and international businesses, yet limited research exists on the language specifics of BC Most studies are embedded within broader contract guides and do not examine standardized formats for different types of BC Consequently, many entrepreneurs craft BCs in their own words or replicate the same formats across various contracts, which can lead to ambiguity, misunderstandings, and potentially severe negative impacts on business deals Proper attention to standardization and clarity in BC writing is essential to prevent miscommunication and safeguard business interests.
Foreign-drafted business contracts (BC) often do not align perfectly with Vietnamese standards due to stylistic differences and the relatively new development of contract law in Vietnam This discrepancy leads to numerous challenges for Vietnamese companies, especially import-export firms, during negotiations and contract execution Inappropriate language usage in contracts has resulted in significant difficulties and, in some cases, bankruptcy for these businesses.
Many foreign companies operating in Binh Duong province have shared common challenges regarding contract management These companies often create business contracts based on their own needs without fully consulting relevant laws or regulations in their home countries Additionally, they frequently lack proper training programs for employees on contract drafting and the legal significance of economic agreements Most office staff are neither specialized in law nor have undergone professional training, resulting in a lack of understanding and attention to the legal content and terms of contracts This gap increases legal risks, as employees may overlook critical legal requirements and the binding nature of contracts across different jurisdictions Therefore, it is essential for Vietnamese and international businesspeople to understand the legal principles of contract drafting to ensure compliance and mitigate legal liabilities.
BC is organized in both English and Vietnamese and what linguistic features are applied in making a BC correctly.
This research focuses on a discourse analysis of Vietnamese and English business contracts in Binh Duong province, aiming to enhance entrepreneurs' understanding of the importance of properly drafting business contracts The study's findings are expected to contribute valuable insights that help prevent unexpected losses and promote effective contract management Additionally, the research highlights key similarities and differences between Vietnamese and English business contracts, offering practical guidance for businesses engaged in international trade.
Bilingual communication in BC offers significant benefits for business professionals and office staff, facilitating proper drafting in both languages This research provides a valuable reference for individuals interested in bilingual documentation, supporting improved accuracy and clarity Additionally, the findings can enhance staff training programs within corporations, promoting better language proficiency The research template serves as a consistent and useful tool for those seeking effective bilingual communication solutions.
Background statement
Legal language in contracts is a specialized branch of applied linguistics characterized by its conservative nature, resisting linguistic change over time (Hiltunen, 1990) Archaisms such as "herein" and "therein" are common in legal documents, serving to provide clearer, less ambiguous references and convey authority (Gibbons, 2003; Tiersma, 1999) These archaic words, while often viewed as outdated, contribute to the precise and authoritative tone of legal language, often replacing longer phrases like "in this document" to enhance economy of expression.
Globalization and international integration have significantly transformed the business community, leading to a preference for formal contractual agreements The primary purpose of a contract is to clearly establish the rights and obligations of the parties involved, ensuring their relationships are legally binding As business practices evolve at the start of the 21st century, Business Contracts (BCs) have become a vital genre of business discourse worldwide While the fundamental purpose remains consistent, the specific formats of BCs may vary between English and Vietnamese contexts, reflecting cultural and legal differences.
This research, titled "A Discourse Analysis of Vietnamese and English Business Contracts in Binh Duong Province," investigates the lack of standardized formats and structures used by companies in contract drafting It highlights that many entrepreneurs often create business contracts according to their own methods rather than following established legal or industry standards The study emphasizes the importance of adhering to consistent contract formats to ensure clarity, legality, and professionalism in business agreements within Binh Duong Province.
Many companies seek legal assistance to manage the additional costs associated with contract drafting, with some following standardized formats while others create custom agreements Using generic templates can lead to ambiguity, misunderstandings, and potentially severe or unforeseen impacts on their business operations Additionally, drafting business contracts in a foreign language often does not align with Vietnamese legal standards due to differences in style and language As contract standards are a relatively new area in Vietnam, professional legal guidance is essential to ensure clarity and compliance.
As a result, many undertakings have had problems or have gone bankrupt because of inappropriate use of language in their contracts.
The pilot study in Chapter III reveals both notable differences and specific similarities between English and Vietnamese business Chinese (BC) regarding overall structure, lexical choices, and formatting These findings support the initial hypothesis that there are distinct yet comparable features across the two languages To validate and expand upon these results, forty contracts will be collected in both English and Vietnamese for a comprehensive comparative analysis.
This study aims to attract the attention of entrepreneurs and professionals involved in drafting legal documents, helping them understand standard form BC templates across various languages to prevent misunderstandings and potential losses in future transactions The findings are intended to serve as a valuable reference and contribute significantly to training programs within corporations Additionally, the research provides a consistent and useful template that can assist individuals and organizations in need of reliable legal document formats.
Purpose of the study
This study investigates Business Communications (BCs) in both Vietnamese and English, focusing on their overall structure, lexical choices, and formatting Due to time constraints and limited expertise in the business field, the research does not cover all aspects of BC but concentrates on key elements such as structure and language use The primary aim is to analyze and compare how BCs are constructed and expressed in both languages to understand their linguistic and stylistic features This focused analysis provides valuable insights into the effective communication strategies within Vietnamese and English business contexts.
- Presenting and describing overal structure, lexical choice and the format of BCs in both Vietnamese and English;
- Identifying the similarities and differences in both Vietnamese and English BCs in terms of overal structure, lexical choice and the format.
- Finding in-depth information and drawing out a template of BC through the interview and the comparision between the characterisrics of Vietnamese andEnglish BCs with the interview results.
Research questions
To achieve the purposes and objectives of the study, the following research questions have been raised:
1) What are the characteristics of Vietnamese Business Contracts in terms of overall structure, lexical choice and format?
2) What are the characteristics of English Business Contracts in terms of overall structure, lexical choice and format?
3) What are the similarities and differences between Vietnamese Business Contracts and English Business Contracts in terms of overall structure, lexical choice and format?
Significance of the study
Writing a successful business contract is essential in professional settings, particularly when dealing with foreign languages A comparative study of Business Contracts (BC) in Vietnamese and English enhances understanding of core structural elements, lexical choices, and formatting, providing valuable insights for language users and office staff By identifying similarities and differences between the two languages, this research offers in-depth knowledge and practical implications, enabling accurate and legally compliant drafting of bilingual business contracts.
This research aims to attract greater attention from entrepreneurs and corporate users of legal documents to enhance their understanding of standard business contracts By doing so, it helps prevent misunderstandings and potential losses in future transactions Ultimately, the study's findings will serve as a valuable reference and contribute to the field of business law, supporting better contractual practices and decision-making.
In addition, the findings can contribute great help to staff training courses in some
6 corporations Finally, the template in research result is considered as a consistent form that is useful to those in need.
Limitation of the study
This study is limited to Binh Duong province, which may restrict the broader applicability of its findings Conducting research on a larger scale could provide more comprehensive insights and enhance the relevance of the results for a wider audience interested in this topic.
Definitions of key terms
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