AN INTRODUCTION TO FBLAW COMPANY LIMITED
Description of FBLAW COMPANY LIMITED
FBLAW COMPANY LIMITED, referred to as "FBLAW," is a law firm officially recognized by the Department of Justice in Nghe An It operates under the Registration Certificate No 27020072/TP/ĐKHĐ, which was issued on October 10, 2019.
Head Office: No 45, Dam Van Le street, Truong Thi ward, Vinh city, Vietnam
Telephone: (+84)973.098.987 Email: Luatsu@fblaw.vn Website: https://fblaw.vn/
Legal representative: Lawyer Chu Quang Minh.
Vision and mission of FBLAW COMPANY LIMITED
FBLAW is a professional law firm offering a comprehensive range of legal services, supported by a dedicated team of approximately 12 experienced lawyers and legal professionals With a deep understanding of Vietnam's political culture and legal landscape, FBLAW is committed to promoting justice and protecting civil and commercial transactions, as well as human rights The firm excels in fostering long-term relationships with local government agencies, judicial bodies, and academic institutions, ensuring high-quality services and comprehensive solutions for clients Guided by the slogan "Born in fire, raised with heart," FBLAW is dedicated to client satisfaction.
Organizational structure
The Director oversees all company operations, leveraging over 10 years of experience at Toyota Tsusho Vietnam Company Limited and a strong academic background Supported by a team of lawyers, legal professionals, and specialists from the Marketing, IT, and Accounting Departments, the Director delegates responsibilities in key areas, including Intellectual Property management.
Labour, Commerce, Civil matters, Criminal matters, etc
Currently, FBLAW has 01 Director and 04 Department, namely:
Practicing scope of FBLAW COMPANY LIMITED
FBLAW COMPANY LIMITED, as per Article 22 of Law on Lawyer No 65/2006/QH11 and Operation Registration Certificate No 27020072/TP/DKHĐ issued by the Department of Justice of Nghe An Province, possesses the necessary qualifications and capabilities to conduct its activities in accordance with legal requirements.
Defense counsels play a crucial role in legal proceedings by representing detainees, accused individuals, and defendants, as well as advocating for the interests of victims, claimants, and respondents in civil cases They also support individuals with related interests and obligations in criminal cases.
Engaging in legal proceedings involves acting as representatives or defenders of the rightful claims and interests of parties involved in civil disputes, including marriage and family matters, business and commercial issues, labor disputes, and administrative cases, as well as other legally defined affairs.
(3) Providing legal consultancy such as legal issues of Enterprise, investment, license, intelletual property, real estate and construction, tax, labour, insuarance, securities and capital market;
(4) Representing clients beyond legal proceedings in order to carry out related legal tasks
(5) Providing other legal services in accordance with this Law.
Reasons for choosing FBLAW COMPANY LIMITED
Before I go into details about my practicum, I would like to indicate that FBLAW after all is a Vietnamese law firm with Vietnamese staff, so English was not spoken very
Lawyers Legal Consultants Marketing - IT
At the workplace, direct contact with English primarily occurs through drafting contracts, communicating with foreigners, and handling legal documents FBLAW stands out for its high accuracy in translations, which are essential for court submissions, binding agreements, and state registrations Their Legal Translation Group, composed of professionals with extensive legal backgrounds, ensures quality and expertise in the translation process Additionally, FBLAW provides a comprehensive and up-to-date source of knowledge, making it an excellent environment for personal learning and enhancing English skills I look forward to gaining more knowledge and improving my English proficiency at FBLAW.
OVERVIEW OF INTERNSHIP WORK AT FBLAW COMPANY
Given tasks during the internship period
As senior students at the Faculty of Foreign Legal Languages, affiliated with FBLAW, we specialize in editing, proofreading, and reviewing documents authored by English speakers Throughout our practicum, we engaged in tasks aligned with our major in Legal English and our specialized internship report on translation, while also assisting with administrative duties and supporting officials in various responsibilities Key tasks included editing and reviewing legal documents, ensuring accuracy and clarity in translations, and providing administrative support to enhance operational efficiency.
- To understand organizational structure, position, function, and relationship in the internship facility;
- To translate legal documents concerning to confidentiality agreement, digital markeing contract, petition from English into Vietnamese and vice versa;
- To research foreign law, treaties in order to settle civil matters and criminal matters for foreigners;
- To support officials in some administrative tasks: photocopy, phone reply, document issue, etc.
Reasons for choosing the topic of the internship report
After three years of university study, law students specializing in Legal English have acquired significant knowledge However, to achieve optimal results, it is essential for them to practice and apply the theories they have learned Without opportunities to enhance their translation and interpretation skills, these students may face various challenges in their professional endeavors.
Translation of legal documents is a fascinating and challenging field, blending the creativity of literary translation with the precision of technical translation My internship experience has equipped me with valuable skills in various administrative roles and legal translation tasks At FBLAW, we provide legal advice and draft contracts for international partners, emphasizing the need for our translation team to enhance their practical skills in a globalized context.
As a result, I choose the topic “Analysis of benefits and difficulties in the English – Vietnamese translation of legal documents in internship facility” for my internship report.
BENEFITS AND DIFFICULTIES OF ENGLISH -VIETNAMESE
Genre of the text
I specialize in translating various legal documents, including internal notices, emails, contracts, agreements, and petitions These documents fall under the non-fiction genre and are primarily related to the academic field They serve as legally binding agreements between two or more parties, outlining and governing their mutual rights and obligations, and are typically drafted by legal professionals.
The benefits and the difficulties encountered during the practicum
My two and a half months of internship at FBLAW have been incredibly educational, providing me with valuable experiences and lessons that could only be gained through hands-on practice.
The training course significantly enhanced my English receptive skills, as my job required me to identify and correct mistakes while inputting information in English and producing output in Vietnamese This process involved repeatedly revising grammar and spelling, which made me aware of the substantial improvement in my translation abilities through practice Additionally, I gained a wealth of legal terminology and translation techniques.
Legal English text Vietnamese meaning
For the commercial area, there is no property tax abatement
Khu vực dùng để kinh doanh không được giảm thuế tài sản
Parking your car in an unattended garage is generally considered a license rather than a bailment, as there is no evidence to demonstrate the parking facility's intent to take possession of your vehicle This situation reflects the nature of parking rights rather than a transfer of possession, since the management of the parking area does not show any intention to possess the car.
Legal terms have specific meanings that are often irreplaceable, with some being familiar to the general public, such as "patent" and "share," while others, like "bailment" and "abatement," are primarily known to legal professionals My training at FBLAW involved extensive research of legal documents, enhancing my understanding of both international and domestic law This examination not only deepened my comprehension of the text but also provided valuable context for the documents I translate, ultimately improving my translation efficiency.
Through my experience with legal documents, I have developed the ability to translate complex legal language into plain language, making it accessible for both lawyers and laypersons For instance, the phrase “X hereby lawfully sells this piece of land to Y subject to all legal liabilities and consequences he is required to fulfill to complete the sale” can be simplified for better understanding.
Bạn phải thực hiện việc mua bán một cách hợp pháp và chịu hoàn toàn trách nhiệm pháp lý cũng như các hậu quả liên quan để đảm bảo giao dịch được hoàn tất Sự sử dụng này thay thế cho cách diễn đạt "legalese".
X transfers all rights, titles, and interests in the specified property to Y, permanently relinquishing any claims or interests he may have.
During my practicum, I learned to critique my own translations from an outsider's perspective, which highlighted the challenges of self-evaluation compared to assessing others' work I discovered common mistakes among Vietnamese translators, such as excessive unnecessary words in draft translations Issues like incorrect collocations and word choices often arise from translating literally from their native language or relying on unreliable translation tools like Google Translate Additionally, I was surprised to learn that just three unnecessary words per page can be deemed "too many."
Through my learning and translation experiences, I have significantly enhanced my English language proficiency and translation skills, surpassing the capabilities of a typical sophomore This journey has equipped me with valuable skills for my future career, including adaptability, keen observation, and a strong desire to learn As a legal translator, I have been trained to prioritize clarity and precision, which has also taught me effective time management Balancing the unpredictable demands of school and practicum required me to distribute my time wisely, avoiding last-minute rushes and ensuring I meet deadlines consistently.
3.2.2 The difficulties in the English - Vietnamese translation of legal documents
Legal translation poses challenges due to its significant divergence from standard English This includes complex sentence structures, insufficient punctuation, and the use of foreign phrases like "inter alia" instead of "among others." Additionally, unusual pronouns such as "the same" and "the aforesaid" are common, along with lengthy legal descriptions that complicate comprehension, such as references to heirs or individuals who may acquire rights related to the property in question.
The article highlights the presence of unusual legal phrases, such as "null and void" and "all and sundry." It also points out the frequent use of complex terminology, including legal jargon and terms of art, which may carry meanings distinct from their general usage and can appear in seemingly odd contexts.
Legal translation presents unique challenges due to the system-specific nature of legal terminology, which varies significantly from one country to another Unlike scientific terms, legal vocabulary is deeply rooted in each country's legal system, leading to discrepancies even among countries that share the same language Translators must navigate these differences by comparing the legal frameworks of both languages For instance, English legal terms like "consideration" and "construction" are intentionally vague, as "construction" can refer to interpretation in legal contexts, while also meaning the act of building or the industry itself Additionally, translators must carefully interpret phrases such as "best endeavours" to ensure accurate legal communication.
The Law Society of England and Wales advises against using phrases like "best endeavours" or "make the best efforts" due to the lack of objective criteria for their interpretation by translators This caution highlights the ambiguity surrounding these terms in legal contexts.
Legal jargon consists of terms rarely used in everyday language, such as "annul," "waiver," and "without prejudice to." Each legal language features its own complex vocabulary, which often presents challenges for translators due to the issue of non-equivalence Legal English, rich in archaisms, Latin terms, and expressions of Norman and French origin, can be perplexing for the general public and has sparked numerous debates For example, the phrase "The award thereof shall be final and binding upon the parties hereto" illustrates the intricacies of legal language The difficulty in translation arises not only from non-equivalence but also from obscure words with specialized meanings that are seldom found outside legal documents, as seen in the statement, "The company claimed that the exclusive beverage contracts were a restraint of trade, and therefore illegal."
Selecting appropriate words for different levels of formality can be challenging High-formality lexical items include terms like "contractor," "attorney," and "devisee." Legal documents also exhibit this formality, with examples such as "warranty deed," "real estate deed," and "will." Additionally, titles like "His/Her Imperial and Royal Majesty" and "His Highness" further illustrate the concept of formality in language.
SOLUTIONS AND EVALUATION
Solutions for difficulties in translation
Equipping translators with knowledge of both local and international legal systems, including banking, taxation, and politics, enhances their efficiency A translator's familiarity with diverse fields allows for quicker processing of legal documents, ultimately improving the quality and speed of their work.
When translating phrases or verbs, it's essential to seek an appropriate equivalent in the target language instead of relying on literal translations For instance, terms like "null and void" translate to "vô hiệu," while "dispute," "controversy," and "claim" correspond to "tranh chấp," "mâu thuẫn," and "khiếu nại," respectively These combinations are often referred to as "doublets and triplets."
To achieve a functional translation of legal texts, it is essential to understand the stylistic peculiarities of both the source and target legal languages The source text must adhere to the stylistic conventions of the target language, avoiding the direct importation of the source's style In cases of linguistic inequivalence, translators should refrain from translating certain terms and instead provide explanations in footnotes For instance, Vietnamese law lacks direct equivalents for the English legal terms "Civil Law/Common Law" and "marketing 4."
To ensure effective translation, it is essential to follow established translation theories and rules Utilizing translation memory tools, grammar checkers, and related techniques can enhance accuracy A thorough understanding of the document's main content and its related fields is crucial Additionally, maintaining patience and attention to detail throughout the translation process is vital for achieving high-quality results.
Asking experts for guidance and learning from officials and experienced people with a broader approach and problem-solving approach that aids in achieving the best results for work
4.1.2 Solutions for Faculty of Foreign Legal Languages
Making Legal English a mandatory subject for all law school majors, following the completion of 10 credits in basic English, will provide law students with essential specialized knowledge in translation across various legal fields, including civil, criminal, and administrative law This approach ensures that students can accurately translate legal terminology.
Considering Comparative Law as a compulsory subject for all majors since each legal system shall use different terminology, that greatly affect translators;
Outcomes-Based Assessment in legal English programs like the International Legal English Certificate (ILEC) and the Test of Legal English (TOLES) effectively evaluates translators' proficiency in legal English, focusing on their understanding of legal vocabulary and grammatical structures.
Evaluate the lessons learned from the practicum
The practicum provided me with invaluable experience, particularly in managing information and enhancing my note-taking skills to capture key points effectively I also developed problem-solving abilities, such as utilizing cloud-based storage to safeguard draft files against computer inaccessibility Additionally, I became adept at working under pressure and planning to meet deadlines, while also learning the importance of collaboration in sharing tasks.
Under the Commercial Law of 2005, marketing activities encompass various elements such as sales promotion, commercial advertising, product displays, trade fairs, exhibitions, and public relations (PR) However, the Vietnamese translation of "marketing" as "tiếp thị" is often seen as vague, which can hinder readers' comprehension of its comprehensive scope.
Translators must research the lexical content, syntax, ideologies, and cultural values of the target language to prevent grammatical errors and cultural misunderstandings Collaborating with colleagues enhances efficiency and leverages individual strengths to manage workload effectively Under Mr Chu Quang Minh's guidance, I have successfully completed administrative tasks and translated legal documents at the law firm This internship has allowed me to apply my university knowledge while gaining practical insights into the English language and legal translation techniques.
After completing a two-and-a-half-month internship, I have gained valuable experiences and achieved significant accomplishments Throughout this journey, I have embraced the mindset of "Never give up" and "Practice makes perfect" to overcome challenges.
The practicum at FBLAW was a valuable experience that allowed me to assess my abilities as a bilingual speaker and identify areas for improvement Through my work, I learned that each type of document has unique characteristics that require translators to understand for accurate translation To excel in legal translation, one must possess not only strong foreign language skills but also a combination of other essential qualities This profession is intriguing, as legal translators play a crucial role in international legal communication, acting as expert intercultural mediators and actively engaging in social processes between cultures.
As an undergraduate student, I acknowledge my shortcomings, yet I successfully completed my internship report on time and fulfilled the practicum with my instructor's guidance This experience has offered me valuable insights into translation, and I eagerly await feedback from my teachers to enhance my report and address any future mistakes.
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[Company Name], established under the laws of the Socialist Republic of Vietnam, operates from its registered office at [Address] It is represented by [Name], the General Director, in accordance with Enterprise Registration Certificate No [Certificate Number].
Công ty […] được thành lập và hoạt động hợp pháp theo pháp luật Việt Nam, với văn phòng đăng ký tại […] Công ty có Giấy Chứng nhận Đăng ký Doanh nghiệp số […] và do ông […] giữ chức vụ Tổng Giám đốc, đại diện cho công ty.
2 […] (“…”)], a company duly established and operating under the laws of […] with its registered office at […] pursuant to the [Corporation License No […] and represented by […]
Công ty […] được thành lập và hoạt động hợp pháp theo quy định của pháp luật nước […], với văn phòng đăng ký tại […] Công ty được cấp Giấy Chứng nhận Thành lập số […] và đại diện bởi […], […].
[…] and […] shall be hereinafter referred to individually as a “ Party ” and collectively as the “ Parties”
[…] và […] sau đây được gọi riêng là “Bên” và gọi chung là “các Bên”
XÉT RẰNG A […] and [XXX] intend to enter into discussions regarding to
Co-host Event plan for launching […] project (the
[…] và [XXXXX] dự định tham gia thảo luận về kế hoạch buổi giới thiệu dự án […] (“Giao Dịch”)
To facilitate the Transaction, both parties, [XXX] and [YYY], may exchange information pertinent to the Transaction or their respective businesses, which will be classified as Confidential Information as defined herein.
Để đánh giá và thực hiện Giao Dịch, [XXX] và [YYY] có thể chia sẻ thông tin liên quan đến Giao Dịch hoặc hoạt động kinh doanh của mỗi Bên, được gọi là Thông Tin Mật.
C As a condition to furnishing and use of the Confidential Information, each Party shall be a “Disclosing Party” or
“Receiving Party” as the case may be
Để trao đổi và sử dụng các Thông Tin Mật, mỗi Bên sẽ được xác định là “Bên Cung Cấp Thông Tin” hoặc “Bên Nhận Thông Tin” tùy thuộc vào từng trường hợp cụ thể.
It is agreed as follows:
Các Bên đồng ý như sau:
1 DEFINITIONS AND INTERPRETATION ĐỊNH NGHĨA VÀ GIẢI THÍCH
In this Agreement unless the contrary intention appears:
Trong Thỏa Thuận này, trừ khi có yêu cầu khác:
"Confidential Information" refers to all non-public, confidential data shared by the Disclosing Party and its affiliates with the Receiving Party after the Agreement's date, related to the Transaction This includes various forms of information, whether oral, visual, or electronic, encompassing financial details, business plans, investment projects, customer and supplier data, sales statistics, market intelligence, corporate records, and trade secrets It also covers any proprietary technology, business strategies, and other confidential commercial information provided after the Agreement's effective date.
The Transaction encompasses proposed or definitive structures, terms, conditions, and tax planning, along with the identities of participants and other confidential commercial information This includes any notes, analyses, or work products of the Receiving Party that reflect Confidential Information, the terms and conditions of this Agreement, and any information specifically requested by the Disclosing Party for confidential treatment.
“Thông Tin Mật” đề cập đến tất cả thông tin chưa được công bố công khai, bao gồm thông tin bảo mật từ Bên Cung Cấp Thông Tin và các bên liên quan, liên quan đến Giao Dịch Thông tin này có thể được lưu trữ dưới nhiều hình thức khác nhau, bao gồm thông tin tài chính, kế hoạch kinh doanh, dự án đầu tư, thông tin khách hàng, và các tài liệu phân tích Ngoài ra, nó cũng bao gồm cấu trúc và điều kiện của Giao Dịch, cũng như bất kỳ ghi chú hay phân tích nào của Bên Nhận Thông Tin chứa đựng Thông Tin Mật Các điều khoản của Thỏa Thuận và thông tin yêu cầu giữ bí mật cũng nằm trong phạm vi của Thông Tin Mật.
The Confidential Information excludes information which:
Thông Tin Mật không bao gồm những thông tin:
Information that is publicly available, except when disclosed due to a breach of this Agreement by the Receiving Party, is not considered a violation of the terms outlined herein.
The Receiving Party may obtain information on a non-confidential basis from sources other than the Disclosing Party, or may have possessed such information prior to its disclosure, as long as the Receiving Party was unaware that the source was bound by a confidentiality agreement or any other legal obligation to maintain confidentiality with respect to that information.
The Receiving Party, along with its subsidiaries, affiliates, or their respective Representatives, independently develops information without utilizing the Confidential Information provided by the Disclosing Party.
"Representatives" in relation to a Party includes its directors, officers, employees, partners, agents, and advisors, which encompass attorneys, accountants, consultants, bankers, financing sources, and financial advisors.
“Người Đại Diện” của một bên bao gồm giám đốc, cán bộ quản lý, nhân viên, đối tác, đại lý và các nhà tư vấn như luật sư, kế toán, chủ ngân hàng, nhà tài trợ và nhà tư vấn tài chính, không giới hạn ở những đối tượng này.
In this Agreement unless the contrary intention appears:
Trong Thỏa Thuận này, trừ khi có yêu cầu khác:
(i) a singular includes a plural and the plural includes the singular;
Một từ số ít bao gồm số nhiều và một từ số nhiều bao gồm số ít;
Any mention of a statute refers to that statute as it may be amended, modified, or replaced over time, and it encompasses any orders, ordinances, regulations, rules, and by-laws established under the relevant legislation.