Luận văn nghiên cứu về dịch anh việt của những quy tắc và thực hành thống nhất về tín dụng chứng từ

ABSTRACT This research aims at detecting and analyzing the translation methods and translation procedures applied to render the English version of Uniform of Customs and Practice for Doc

ACCEPTANCE

J hereby state that I: Phung Ngoc tan, class QH2009.F.1H25, being a

candidate for the degree of Bachelor of Arts (TEFL) accept the requirements of

the University relating to the retention and use of Bachelor’s Graduation Paper

deposited in ihe library

In terms of these conditions, I agree that the origin of my paper deposited in the library should be accessible for the purposes of study and research, in

accordance with the normal conditions established by the librarian for the care,

loan or reproduction of the paper

Signature

Date

Secondly, I also owe countless credit for all teachers back in Faculty of English Langvage Teacher Education who have provided me with relevant Imovledge

Finally, my gratitude goes to my family and my friends who have been giving me

extraordinary motivation throughout the research.

ABSTRACT

This research aims at detecting and analyzing the translation methods and translation procedures applied to render the English version of Uniform of

Customs and Practice for Documentary Credits into Viclnamese The rescarch 1s

carried out to answer the research questions which are “what methods and procechres are the most common and the most effective?” and “what are the

ways (o improve (he general quality of the translation?”

Observation insirumenl, is implemented (o collect the data from the text Then a

number of method and procedure examples are carefully examined and interpreted on the basis of the rudimentary background Imowledge in the

Literature review section

Results show that there are six procedures (transference, naturalization, through (ranslalion, functional translation, (ransposition and modulation) and two

methods (literal and communicative) that were used to translate UCP Amongst

them, through translation were used as the most frequent procedure and literal

were used as the mast frequent method

1.3, Scope of the study

1.4 Method of the sLudy

1.6 Organization of the study _ Teerererrrrrereereoeee.f

CHAPTER H: LITERATURE REVIEW

21 Owerview of translation

2.1.3 Methods of translation eevee THHrerrrrrrrrroeeoe @

CHAPTER IV: FINDINGS AND DISCUSSION

5.1 Major findings —- eee wesc eee —

LIST OF TABLES AND ABBREVIATIONS

VIAC Vietnam International Arbitration center

CHAPTER LE INTRODUCTION

1 Rationale

Ever since the world became more connected due to the development of

technology, transportation, communication, the international trade has never been

made simpler regardless of borders, distances and languages In this context,

Vietnam also marked ils milestones in the world cconomy by joining WTO in

2007 leading to the inevitable development of industialization, modernization and trading As a result of rapid, international growth of the country

Documentary Credit emerged as an indispensable instrument of payment for the

circulation of goods Though it came out Jong after the aging existence of inlernational trade and il, in fact, is only a tool used by the sophisticated banking system, Documentary Credit provides a convenient and secured form of payment that helps spring up the economic transactions Due to the vitality of one of the

mosl prominenl payment methods, the demand for an official guideline is

urgently needed The Uniform Customs and Practice for Documentary Credits (commonly known as UCP) is born to answer the question

UCP is not only an important law-based platform, but it is also a complex one

There is no accident why it has been tinkered for five times since its first introduction in 1933 Because of the distinct features of a law document in an

ever-changing world cconomy, UCP translation has brought many challenges for Vietnamese translators and interpreters im their work, Although UCP is already translated into more than 20 languages inchuding Vietnamese, it remained relatively inadequate for those who wish to have deeper analysis of this document than simply a translated version

The forcmost reason thal (he researcher would like to make the study on the UCP translation is that as it is stated in “FAQs on documentary credits” provided by HSBC that “Any translated version must also contain the English language

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version and the English language version is the operative sct of rules.” Thus, on

the one hand, i can be understood that Vicinamese UCP version is only the

version for reference purposes and has no legal value at all On the other band,

we may realize the translation methods applied in bridging the two languages

play such an important role in determining the correctness, the accuracy and the

reliability of the (ranslalion leading to the better underslandings for the UCP

users who have cither full, little or no command of English

‘Therefore, this research 1s conducted to revise the translation methods and procedures used in English — Vietnamese translation of UCP and to make any suggestions if possible

Which are the most common and the most effective translation procedures

applied in Vietnamese translation of UCP?

What suggestions could be drawn to improve the English-Vietnamese translation of UCP

These questions are also [he research question of the study

1.3.Scope of the study

In fact, there are six versions of UCP which have been introduced ever since its first preface The latest and curently implemented version UCP 600 will be designated as the main subject of the research

This study also focuses on the translation of UCP from English into Victnamese

More specifically, translation procedures and tranelalion methods are the two main subjects that would be thoroughly calculated and examined in order to answer the research questions Besides, throughout the process of digging deep

into the document, mistakes of professional translators, though occupy a tiny

fraction, might be incvilable Therefore, this research is believed to play a role of

a revision for this document, detecting any inadequacy and improving the general

quality of the translation The major conse of the study is all about the

translation methods and procedures applied to the translation of UCP

1.4.Method of the study

Content analysis including the methods of gathering, listing, categorizing and

analyzing information is cxpecled to be the major (nol for the researcher to conduct this research The related materials (UCP 600 and its translated

Vietnamese version) and other information for theoretical background

knowledge would be extracted [rom various sources such as the Tnternet, the

library and other information sources

1.£.Significance of the study

UCP is a set of rules that conciliates almost all the commercial disputes arising

while making payments by T/C TL would nol be loo much to allege that UCP is somehow representing mauy economic, law-based documents in terms of structures, expressions and terminologies Investigating the subject will not only facililate the work of translators in numerous olher economic documents, but it is

also a good revision with translation methods and translation procedures

Resides, students and other people who share the infcrest in economic issucs in

general or in UCP in particular, nught broaden their borizon with practical references from the analyses and the findings of the study.

This research could also be a foundation for other studies on the same fields Those could range from the analyses of methods and procedures used in medical,

politic, or technological document

1.6.Organization of the study

The structure of the study is as following:

Chapter 1 - Introduction: Provides an overview of the study with rationale, aims and objectives, significance and organization of the study

Chapter 2 - Literature review: Provides key concepts in translation and linguistic

in order to understand the concept of translation, translation methods and

translation procedures

Chapier 3 - Methodology: States methods of the study including selection of

subjects, rescarch instrument, procedures of data collecting and procedure of data

CHAPTER I: LITERATURE REVIEW

21, Overview of translation

2.1.1 Definition of translation

Translation proved ils existence a long time ago Tideed, there arc quite a few of

definitions for this term

Newmark is among those who have mare important contributions to the

development of translation le stated (1995, p.7} “translation is a craft consisting

in the attempt to replace a written message and statement in one language by the same message and/or slatement in another language”

MoGnire (1980, p.2) believed that "Translation involves the rendering of a source

language lext into the targel language so as to ensure thal the surface meaning

of the two will be approximately similar and the structure of the source language

will be preserved as closely as possible, bul nol so closely thal the target

language structure will be seriously distorted”

Catford (1965, p.20) considers translation “the replacement of textual material in

one language (source language) by an equivalent textual material in other language (target language)”

Hartman and Stork (1972, p.713) also give a similar definition of translation,

“translation is the replacement of a representation of a text in one language by a representation of an equivalent text in a second language.”

Of all the previous definitions, we can catch a sight a range of words like “same”,

“similar”, “equivalent” Generally, translation will be taken for granted that it should bring the meaning of the source language and the target language as close

as possible If there is anything should change, it must be the form Larson (1984, p-3) think that “Translation is basically a change of form When we speak of the form of a language, we are referring to the actual words, phrases, clauses, sentences, paragraphs, eto., which are spoken or written These forms are referred

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to as surface structure of language It is the structural part of language which is aclually seen in prinL or heard in speech In translation (he form of the source

language is replaced by the form of the larget langnage.”

2.1.2 Translation equivalence

a The nature of equivalence

Equivalence is one of the most theoretical issues in the translation studies Attempts have been made to clarify equivalence but there still exist controversies

and debates around the issue In general, equivalence can be undersiood as the

selationship between a source text and a target text to determine one text is the

translation of another Without equivalence, the process of translation cannot be successful However, Baker (1992) regarding equivalence, slated ‘il is [.] always relative” because “it is influcneed by a varicty of linguistic and cultural factors." This problem is clearly understood by any translators

In order to achieve translation equivalence, different theories have been proposed While Baker (1992) emphasized form-based equivalence ie equivalence at cifferent grammatical levels, Nida (1969) focused on function- based equivalence (dynamic and formal equivalence), and Koller (cited in Newmark, 2006, pp.46-48) highlighted the importance of meaning-based

equivalence

b, Types of translation equivalence

Many scholars have studied translation equivalence from different perspectives and given out their own theory conceming this issue Some of them define their theories as a source-oriented theory, while others regard the target-oriented

in Bible, international diplomacy, law and the like), unlike dynamic equivalence emphasizos the text readability

Formal equivalence consists of a target item that represents the closest equivalent

of a source language word or phrase Nida stresses that there are not always formal equivalents between language pairs, Dynamic equivalence is a translation principle in which a translator translates the meaning of the original text; producing the same impacl on the original wording did upon the source tex! audience It could be argued that Nida is in favor of dynamic equivalence since

he considers it to be a more effective translation procedure

Nida (1964) believes that the main aim of equivalent effect 15 to achieve "the closest natural equivalent to the source language" (p.126) He stresses that the adaptation of grammar, cultural references and lexicon of the source text will lead to the translation naturalness while highlighting the preservation of the text meaning on its style as the root of the equivalent effects Ie argues that formal translalors who focus more on forms are more likely lo misinterpret the

"intention of the author" and “distort the meaning" (p 191-192)

«© Form-based equivalence

Mona Baker (1992) proposes five levels of equivalence: equivalence at word level, equivalence above word level, grammatical equivalence, textual

equivalence, pragmatic equivalence Firstly, equivalence al word level is taken

into consideration Baker defines the term “word” and notes that word sometimes

have different meanings in different languages, also relates meaning of words

with morpheme Baker introduces problems at word level and above word level

before suggesting some strategies in dealing with them Secondly, grammatical equivalence refers to the diversity of grammatical categories across languages

She affirms that grammatical rules across languages may differ, which leads to

some problems in finding a direct correspondence in the target language Thirdly

textual equivalence refers to the equivalence between a source language text and

a target language text regarding information and cohesion Whether the cohesive

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relations between targot language and source language should be maintained depends on three main factors, thal is, (he larget aurlience, (he purpose of the translation and the text type Finally, pragmatic equivalence refers to mplication

of the target language text The duty of a translator is recognizing the implied

meaning of source language text, and then reproducing it in a way that readers of

the target language can comprchend clearly wihoul ony culturally misunderstanding

¢ Meaning-based cquivatence

Wemer Koller (1977) proposes five types of equivalence, namely ‘denotative, connotative, text-normative, pragmatic and formal equivalence’ It is noteworthy that Koller’s formal equivalence is different from Nida’s, As cited in Munday (2001, p 47), Koller distinguishes five typos of equivalence as:

TDenolative equivalence refers to the casc where the source text, and the (arget (ext have the same denotations that are conveying the same extra linguistic facts It is

featured by referential, objective, and cognilive meaning; insicad of associalional

and subjective meaning of comotalive equivalence

Camotative equivalence, also referred Lo as stylistic cqvalonee, is related to the

lexical choices between near synonyms, aiming at evoking the same impressions

and feeling in the mind of the target text readers For example, the phrase “bénh

nhân HIV” can be translated inlo English as “HIV pation” or “people with HIV”, which are totally similar in denotative meaning However, the latter “people with TMV" is much more recommended because of its euphemistic effect (mitigating

the seriousness) In praclicc, if is nol easy (o achieve connotative cquivalence, as

it requires the translator's competence in both source language and largeL language

‘Text-normative equivalence refers to text types, ie., the description and analysis

of a variety of texts behaving differently For example, with administrative or legal documents, their conventional forms should be strictly followed in the

(ranslaled version.

Pragmatic equivalence, also called communicative equivalence, is orionted

towards the receplors of the texl, as Icy should receive the same effect that the

original text produces on its readers For instance, if the target readers are children, translation’s vocabulary should be simple, bright and familiar As for other readership like adult or educated laymen, the languages used can be more complicated

Formal equivalence, may also be referred 10 as expressive equivalence, is rclaled

to the word-for-word rendition of forms, aesthetic and stylistic features of the source text Formal equivalence is particularly important for translating poems,

song lyrics or expressive texts

Jn general, the final goal of translation is to blur the barrier and bring two or more languages lo come closer As a resull, to achieve “cquivalence effect” — a concept termed by Peter Newmark (1988), ie to produce same effect on the readership of the target text as on the one of the source text is the purpose of any translalor However, Newmark notes thal this “desirable result” (equivalence effect) might be unattainable if there is a cultural gap between the SL (source language) and the TL (target language) text This has long been a pivotal matter and in translation studies, and will be discussed in details in the coming parts of

the research

2.1.3 Methods of translation

Basically, there are 8 methods of translation categorized by Newmark (1988, p45) They are word for word translation, literal translation, faithful translation,

semantic translation, adaption, free translation, idiomatic translation and

communicative translation He puts it in the form of a flattened V diagram:

Faithful translation Tdiomalic translalion

Semantic translation Communicative translation

a Word for word translation

This is offen demonstrated as interlinear translation, with The TI immediately

below the SL words The SL word-order is preserved and the words translated singly by their most common meanings, out of context Cultural words are

(ranslaled literally The main use of word-for-word iranslalion is cither to

understand the mechanics of the source language or to construe a difficult text as

a pre-translation process

b Literal translation

The ST grammatical constructions are converted to their neares| TT equivalents

but the lexical words are again translated singly, out of context As a pre- translation process, this indicates the problems to be salved

c Faithful (ransÏatinn

A faithful Translation altempls to reproduce the precise contextual meaning of the original within the constraints of the TL grammatical structures It 'transfers' culnral words and preserves the degree of grammatical and lexical ‘abnormality’

(deviation from ST norms) in the translation Tt atlempls to be completely faithful

to the intentions and the text-realisation of the SL writer

d Semantic translation

Semantic translation differs from ‘failhful translation! only in as far as il must

tale more account of the aesthetic value (that is, the beautiful and natural sounds

of the SL text, compromising on ‘meaning’ where appropriate so that no assonance, word-play or repetition jars in the finished version Further, it may

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translate less important cultural words by culturally neutral third or functional lerms bat not by cullural equivalents —‘inc nome repsssant un corporal” may become ‘a sun ironing a corporal cloth’ - and it may make other small

concessions to the readership The distinction between ‘faithful’ and ‘semantic' translation is that the first is uncompromising and dogmatic, while the second is more flexible, admils the crealive exceplion to 100% fidelity and allows for the

translator's intuitive empathy with the original

e Adantion

This is the 'frcest' form of translation It is uscd mainly for plays (comedies and

the themes, characters, plots are usually preserved, the SL culture converted to the TL culture and the text rewritten The deplorable practice of

Free translation reproduces the matter without the manner or the content without

the form of original, Usually it is paraphrased much longer than the original, a so-called ‘intralingual translation’, often proliz and pretentious, and not

translation at all

g Idiomatic translation

Idiomatic translation reproduces the 'message' of the original but tends to distort

nuances of meaning by preferring colloquialisms and idioms where these do not

exist in the orgimal- (Authorities as diverse as Seteskovitch and Stuart Gilbert

tend to this form of lively, ‘natural’ translation.)

h, Communicative translation

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Communicative translation attempts to render the exact vontextual meaning of the original in such a way that both content and language are readily acceptable and comprehensive lo the readership

The first four methods focus on the source language while the other four

methods’ emphasis is on the target language

Tnternet has become accessible across mosl major cilies m Vietnam

— Intemet hién di cé mit tai hu hét cao thanh phd lon cia Vist Nam

b Naturalization

Naturalization is the procedure that is basically transferenees, in which

translalors apply target spelling and morphology (and pronuncialion) to the

souree language expressions/words

Rg

He had his car serviced by Viet Nhat garage last week

— Tuần trước anh ây sửa xe ở ga-ra Việt Nhật

¢ Through translation

Jn this translation procedure, the translator secks for the litcral translation (conver! lo the nearest equivalence) and a higher degree of formal relontion This should be used for recognized terms: terms of organization or common collocations

The first type of shift is maybe from singular to plural

The second type of shift is required when a grammatical structure of the source

language does not exist in the target language

The third type of shifi is the one where literal translation is grammalically poasible bul may nol ascord with nalural usage in the target language

Bg

He always wishes to become a president

— Anh ta không thôi ước mơ trở thành tổng thông,

Part for the whole

Don’t touch me

—Dimg cham vào người tao

Abstract for concrete

She bounced onto a flat rock and then stood looking at him for a few swift heart beats

°N6 nay lên tàng đã phẳng rồi đúng nhìn lão trong khoảnh khắc

Cause and effect

Don’t climb up the tree behind that house

› Đà có rất nhiễu người ngã ở cái cây đẳng sau ngôi nhà kia rối day

One part for another

He cleared his throat

> Avh ta hing giong

Reversal of term

Tle lent me 500,000 VND

— Tôi vay anh ta 500.000

Active for passive

This book was given on my 18" birthday by my mother

— Mẹ tôi tặng quyển sách này nhân địp sinh nhật lân thứ 18

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Space for time

Intervals and limits

Change of symbol

f Cultural equivalence

Cultural equivalence is an approximate translation where a source language cultural word is translated by a target language cultural word

Eg Eaten bread will be soon forgotten

—> Ăn cháo da bat

Le could only earn more or less a dollar a day

› Mỗi ngày anh ta chỉ kiếm được hơn chục bạc

Jn India, three quarters of the population — more than 800 million people, survive

each day on less than the cost of a starbuck latte.

> Tai dn dé, 24 din 34, tương đương hon 800 triéu ngudi phai sén qua ngay đoạn tháng với more chỉ tiêu thấp hơn cả giá cửa một ly cả phế lathay — một loại cả phê

hả hạng

Havard University now has about 3000 Asian students

—llarvard, trường đại học danh tiếng nhất nước Mỹ hiện cỏ khoảng 3000 sinh viên châu Á theo học

1.2 Overview of UCP

2.2.1 Definition of UCP

According to Wikipedia, UCP is defined as “a set of rules on the issuance and use of letlers of credil” Indeed, if is ulilized by bankers and commercial parties in more than 175 countries in trade finance, Some 11-15% of international trade utilizes letters of credit, totaling over a trillion dollars (US) each year

ABN AMRO an all-round banking service retail also pointed out the

relationship of UCP with its creator ICC: ‘The UCP 600 (“Uniform Customs &

Practice for Documentary Credits”) is the official publication issued by the ICC (International Chamber of Commeree).”

2.2.2 Importance of UCP

UCP is recognized worldwide non-governmental business organizations

developed the most successful international practices The world has nearly ten thousand more than 100 countnes and regions on the bank statement in the credit for UCP The revised UCP led the eUCP, ISBP, SWIFT and other consequential

amendments and upgrades, and also means a greater impact on credit In addition

to banks, imporl and export of the affected parties, i will also alTect the transporl

in international trade, such as parties, the insurance side, the judiciary, and many

other parties

2.2.3 Revisions of UCP

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As mentioned previously in the rationale, UCP hes been amended for six times

since ifs first introduction m 1993 The current version is UCP 600 is arcsull of

three years of development to deliver a more proactive business-oriented set of rules for those involved in unternational trade than its preceding, the UCP 500

The UCP 600 revision is ambitious and probably the most extensively reviewed UCP document, All the articles were reviewed intensely by a drafting group of 9 world renowned professionals, logether with a conaulling group consisting of 41 members from 26 counines ICC opinions, DOCDEX cases, position papers, ICC decisions, court cases and ICC National Committee comments were all

considered in the 15 drafting sessions that took place to develop the UCP 600

Therefore LCP 600 was taken as the only experimental object through the whole process of this research

UCP is becoming more and more important in an ever-changing world economy

It plays an cssential part in providing an official guideline to regulate the circulation of goods in many countries In details, every transaction needs payments One of the most popular tools for payment is Letter of Credit (L/C), and UCP directs T/C al the same time reclifies the problems arising during the payment process Therefore, it would be no reason for UCP not appearing in this

research in terms of importance

Jn the subject “International payment” provided by University of Economics and Business, UCP is a mandatory requirement in order to offer students with better understandings about the nature of payment It provides the necessary details to cope with real-life transaction and emerging problems The surprisingly unique features of the document have drawn the attention of the researcher, following by

the selection of UCP as {he maim case siady for the research

Resides, this research could set ont the way for other future researches (o have 3 deeper, more profound and detailed analyses based on the provided findings and

discussion UCP represents a large mumber of legal documents owing to its style,

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expression and format Therefore, it would be undemanding and convenient for

other researchers to have some references to enrich the theses of their own,

4.2 Data collection procedures

The suxty will be implemented by applymg observation instrument

First of all, the two versions of the text will be read carefully and critically All the dimensions of the translation methods applied in translaling (rom Fnglish into Vietnamese will be found after a process of comprehending The most noticeable sentences and oxpressions will be highlighted and then subtracted Then, the results collected will be the subject for further rescarch of the study

3.3 Data analysis procedures

Tn the first stage, the paper of UICP 600 would be divided into smaller sections as the researcher decided to call them the translation units The length of cach unit

may correspond with each paragraph, producing texts that are long enough to

determine what methods are used Besides, during the work, individual words, phrases or sentences arc revicwod to identify any procedures encountered in

order to have better analyses for the whole text The researcher applies the

qualitative data analysis method All dimensions of translation methods and translalion procedures applied in translating will be listed afier the process of

meticulous reading and comprehending,

Recause terminologies are distinct and different from the usual text, sa even (hey

will be collected though, further steps are taken to make comparisons wath other terminology translation researches

In the second stage, the researcher will count the percentage of the methods and procedures found in order to illustrate the results in figures At this stage, we can answer the rescarch questions about which method and procedure are the most popular and the most effective In addition, suggestions can be drawn to make the quality of the translation better

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CHAPTER IV: FINDINGS AND DISCUSSION

4.1.Findings

After careful examination of UCP, the researcher arrived at some conclusions Of

all the 266 translation units, the frequency of methods used is illustrated in the

following table

Translation methods used in the UCP 600

‘Translation procedures used in UCP 600

4.2 Discussion

4.2.1, Translation procedures

a Transference

As mentioned in the chapter of lilerature review, Lransference {loan word,

transcription) is the process of transferring a SL word to a TL text as a translation

procedure It is the process of maintaining the SL words

The only casc of Transference found in the (ext is:

1 |Vahuble comment has also been] Cac gop ý rất có giá In cling dage

received from the ICC Commission | gti dén tir Uy ban vé Van tải và

on Transport and Logistics, the | Logisticsctia ICC Ủy ban về pháp

Commission on Commercial Taw | luật vả Thực hảnh thương mại và

Basically, transference procedure is used for proper name of people, places or a

kind of tree or animal that does nol exist in the targel language In this case, the

pattern is reserved, Logistics is a process consisting of many other sub-processes

that are incomprehensible ta be defined as a whole Those smaller parts might

range from arrangemeril, management to delivery or distribution "Logistics" is

so popular in many developed countries, however, it stays foggy to most

Vietnamese people due to the fact that it has no equivalent meaning-based

Vietnamese word TL is tranalaled as "ngành hậu cân" in Lacviet dictionary and

the translation apparently cannot cover the entire meanings of the word, or even worse, it could lead to a widespread misunderstanding because "nganh hau cfin" entails the production lines while logistics does not

rey 5

Tt can be scen that the translator deliberately chose transference procedure for

two main reasons The first is that in Vietnamese, hardly is there any suitable alternative word describing the whole process of Logistics and if there is any equivalence, it should be a lengthy phrase which is conspicuously unnecessary

for a law document The second is, the word "logistics” is becoming more and

more familiar with Vietnamese people than the translated ones Users could seck

for further information on the Internet because Logistics overlays numerous parts

of the product making process Therefore, in this case, transference procedure is

applied smoothly and reasonably

b Naturalization

1 Special thanks are duc to the] Dic biệt cam on các thánh viên gũa

members of the Drafting Group | Nhóm soạn thảo và các tế chức của họ

and their instinstions, who are | được liệt kê đưới đây theo thứ tự

Msled below in alphabeLical | alphabe

order,

Naturalization is, actually, a Iigher form of cvolulion im comparison lo

‘Transference Although it holds the most fundamental features of Transference,

Naturalization adapts the source language first to the normal prommncistion, then

to the normal morphology (word-forms) of the target language

At first, It rendered the researcher hesitant to decide on whether this applied procedure is Transference or Naturalization Sccn from one perspective, the case

is very close to Transference because it keeps the words almost untouched when translating them from English to Vietnamese as "The alphabetical order is

23

translated into 'theo thir tu alphabet", However, from another viewpoint, it takes

no strain lo realize thal in everyday Vietnamese conversations, the word alphabet

is pronounced "an pha ba” including no changes for the original English one This half-baked vocal translation keeps appearing in many Vietnamese websites,

books and other information sources without any further explanation for

pronunciation or meaning which mighl causc clusiveness for some roadsrs The researcher is among the people who experience this tiny but aching issue when

be pronounced the word alphabol as “anepha-bét” which is neither right in both

languages

¢ Through translation

(1) Dunng the revision process,

considerable work that had been

was

completed in crealing the

International Standard Banking

Practice for the Examination of

Documents under Documentary

Credits (ISBP), ICC Publication

645

Trong quá trình sửa đối, nhóm làm

việc cùng hưu ý đến khỏi lượng công việc đáng kế phải hoàn thành khi

soạn thio Tap qưản ngân hàng liêu

chuẩn quốc tế dùng để kiểm tra

chứng từ trong phương thức tín dụng

ching ti, an pham ICC sd 645

k2 The Drafting Group considered,

not only the current practice

the relative to documentary

credit, but also tried to envisage

the future evolution of that

practice

xét thực tiễn đang điễn ra cá liên

quan dén (in dụng ching tix ma con cân nhắc cả những xu hưởng phát triển cửa nó trong tương lai

3 The Drafting Group began the [Nhém soạn thảo bất dâu quá trình rà

review proeess by analyzing the | soát bằng việc phân tích những ý kiển

content of the official Opiions | chính thức của Ủy bm Ngân hàng đối

issued by the Banlding | với UCT 500

Commission under UCP 500

4 the Commission on Commercial | [ly ban về pháp luật và Thực hành

Law and Practice and the | thương mại và ỦY bạn về bảo hiểm

Committee on Insurance

5 It is the fruit of more than three | Day 1a két quả của hơn 3 năm lam

years of work by the| việc của Ủy ban kỹ thuật và Tập quán

Tnternational — Chamber of| Ngàn hảng thuộc Phong Thương mại

Commerce’s (ICC) Commission | quéc 1é (ICC)

on Banking Technique and

Practice

Generally, through translation is somchow a form of lileral translalion (a

translation process) because it bridges the source language to the nearest equivalence in the target language

However, there are differences which are minor to notice Basically, through

translation is a procedure used for word, phrase translation, meanwhile literal translalion process is practiced wilh sentences, paragraphs or the whole text The level of continuously utilizing methods of translation in the text will define the

kind of process; meanwhile, "(hrough translation" cavers all words which arc

bà i}

translated literally Besides, “through translation” should be used for recognized terms which could be terms of organization or common collocations

For this procedure, four cases have been sampled All of them are the proper names, terminologies which have been inscribed in capital letters The translated English words follow the very rudimentary rules of translation The terms are translated from right to left with the least minimum changes of meaning and

form

Tnternational Standard Banking Practice -> Tap quan ngân hàng tiêu chuẩn quốc

Tê

Diafting Group -> Nhóm soạn thio

Banking Commission -> Uỷ ban ngân hàng

For the affiliation of preposition, the phrases are translated normally from left to

tight, keeping the word order, almost identical to "word for word" translation

‘The Commission on Commercial Law and Practice -> UY ban về pháp luật và thực hành thương mại

The Commiltes on Insurance >> Uy bạn về bảo hiểm

@ Transposition (Shift)

1 ICC, which was established in] ICC được thành lập vào năm 1919 voi

1919, had as its primary objective | muc tigu ban dau là thúc đẩy thương facilitating the flow of | mai quéc té va thoi diém ma cli nghi

international trade at a time when | quốc gia và chủ nghĩa bảo hộ đe dọa

nalionalism and prolecliorism | nghiêm trong hệ thông thương mại thế

osed serious threats to the world | giới

trading system

Since ñs meeplion, ICC has

insisted on the central role of

self-regulation in business

practice

the more than 100 members of

the TCC Commission on Banking

Technique and Practice who made pertinent suggestions

for changes in the text

Ngay từ khi mới hoạt động, ICC đã

luôn nhân mạnh vai trò quan trọng của

khả năng tự điều tiết trong thực tiến

kímh doanh

Trên 400 thành viên trong Ủy ban Kỹ

thuật và Tập quản Ngân hàng ofa TOC

đã dưa ra các gợi ý thỉch đảng dé sửa

ty bẻ

doi van ban

The introduction by banks of a

discrepancy fee has highlighted

the imporlanec of this issuc

Tt is the expectation of the

Dralting Group and the Barking

Commission that the application of the principles

including revisions thercof, will continue

during the time UCP 600 is

in

stibsequent

in force Việc một số ngân hàng đưa rạ chủ phí

sai biệt của chứng từ cảng chúng tổ tâm quan lrọng cửa vấn để nảy,

Nhóm soạn thảo và Ủy bạn

Ngân hưng hy vọng các nguyên lắc của

ISBP, kế cả các sửa déi sau nay, sẽ

tiếp tục dược áp đụng trong thời gian UCP 600 có hiệu lực

bộ ¬

6 It is not appropriate for this] Sé không thích hợp nếu dưa vào bản

publication to provide an| quy tac nay lời giải thích tại sao từng explanation as to why an | điều khoản lại được soan thio shu vay, artiele has been worded im such a | hoặc tại sao diều khoản đỏ lại được way or what is intended by | đưa vào trong bản quy lắc

itsincorporation into the rules

7 to incur a deferred payment | Cam kết trả tiễn sau và trả tiên khí đáo

undertaking and pay al maturity | han, néu tin dung có giá trị thanh toát

ifthe credit is available by | về sau

‘Transposition is a change in the grammar of the source language to the target language Indeed, for transposition, seven out of eight examples are the shift from the noun phrases to verbs

posed serious threats —> de doa nghuém trong,

Jn this case, the translator intentionally excludes the verb "pose" and instead of

that, he deemed the noun 'threats“ as the verb This procedure breeds a neater and bricfer translation compared to what it could be translated Hlerally :"đặt ra

những mỗi đc doa nghiém (rong,

Furthermore, smother evident advantage this procedure could bring itr this example is that it Limits the plural form of the noun, leading to the better coherent form of the translated version The unnecessary additional Viemamese suffixes such as "những" or "cai" indicating the plural form of the noun would be omitted and replaced by a shorter phrase without distorting the original meaning, We can see that in many cases, if the plural form of English version is provided and fixed, applying direc! verb to avoid run-on senlences and maintain the Iriefness

would be one of the most used methods by Vietnamese translators and vice

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versa This upper case amd the cxample number 3 (changes > thay di) are the

very typical examples

Since its inceplion > Ngay tir kbi mai hoal, déng

The number two example posts another issues to be discussed It is very noticeable that this case genuinely belongs to Transposition procedure The grammatical change from the noun phrase to the verb is displayed as plain ax day when we have a glance over the sentence

However, it seems thal one procedure is nol enough to wrap up Inceplion in

Vietnamese means "su bat dau, su khéi dau", meanwhile it is translated as "mdi hoat déng" as illustrated in the text A sense of modulation procedure becomes

visible since the two meanings have little affiliation with each other but they sound reasonable when we read and make a comparison between them In another word, it can be understood that this case is "cause and effect" modulation

procedure which cncompasses nol only the change of grammar bul also the change of viewpoint In the example, the author considers “start” as “start working" because he explored the main ideas of the text and figured out that a

slight change in the meanmg would nol misrepresent Ihe goncral ideas, on the

other hand, it might help the readers be well-informed about upcoming events

Tn this case there are two procedures being twisted in one word translation which

is avery distinct example of flexibility of the art of translation,

‘The introduction by banks — viée mét sé ngan hang dua ra

Tt is the expectation of the Drafting group and the Banking Commission —> nhém soạn thảo và uy ban hy vọng,

Its incorporation into the niles › được đưa vào trong bản quy tắc

T0efsredpaymenL › gam kết trả tiền sau

As mentioned before, transposition procedure mainly deals with noun phrases which are supposed Lo be restructured in grammatical form in order to transform iti, in those Vielnamose cases, Vietnamese verbs

It is said that English prefers noun phrases while Vietnamese is fond of using direct verbs Therefore, it would be less surprising for transposition to be the dominant procedure because the Vietnamese translator did make perfect we of that to generate smooth and native-friendly translation

e Madulation

1 They are binding on all parties

thereto unless expressly modified

or exeluded by the gredil

Tt was in that spirit that the UCP

were firs introduced lo

alleviate the confusion caused by

individual countries” promoting

their own national niles on letter

of crecht practice

3 the introduction of the ICC's

Tiocumentary Credit Dispute

Resolution Expertise Rules

(DOCDEX) in October 1997

(subsequently revised in March

2002) has resulted in more than

60 cases being decided

Trên tình thân đỏ, UCP được ban hành

lan dần liên dã làm giảm sự bát đồng

do mỗi quốc gia có gắng áp dụng một quy tắc riêng về thư tin dụng,

Việc ban hành bản Quy tắc Giải quyết tranh chap vé tin dụng chủng từ

10/1997 (và được sửa đổi và tháng

Ngoài ra, nhỏm cũng cũng xem xét 4

bản đánh giá do Ủy ban Ngân hàng

đưa ra vào tháng 9/1994

§ During the course of the last

three years, IƠC national

commillecs were canvassed on a

range of issues to determine their

preferences on alternative texts

submitted by the Drafting Group

6 A credit by its nature is a

separalc transaction from the sale

or other contract on which it may

be based

Trong 3 năm qua, các ủy ban quốc gia

của ICC đã nghiên cứu hảng loạt vẫn

để có liên quan để lựa chọn ra được văn bản phủ hợp nhất mả nhóm soạn

thao trinh lên

Về bản chất, tín đựng là mệt giao địch

riêng biệt với hợp đẳng mua bán hoặc

các hợp đồng khảe mả cỏ thế là cơ sở của tin đụng,

‘An issuing bank is irrevocably

bound by an amendment as of the

time it issues the amendment A

confirming bank may extend its

confirmation to an amendment

and will be irrevocably bound as

of the lime il advises the

amendment A confismung benk

may, however, choose to advise

an amendment without extending

its confirmation and, if so, it must

inform the issuing bank withoul Ngân hàng bị ràng buộc không thế hủy

bỏ bởi cáo sửa đổi kế từ khi ngân hàng

phái hành sửa đổi Ngân hàng xác nhận có thẻ xác nhận thêm cA cae sta đổi và sẽ ràng buộc không thể hủy bỏ

kế tù khi thông báo sửa đổi Tuy vậy ngân hàng xác nhận có thể lựa chọn thông báo sửa đổi mả không xác nhận thêm và nếu vậy, nó phải thông báo

không châm trễ cho ngân hàng phải hành và thống bảo cho người thụ hưởng Irong thông báo sửa đổi của

31

As proposed in the literature review, modulation is a variation through a change

of perspective and thought Iven in the previous section when we discuss

transposition, modulation showed itself as an essential part ta make the

translation work more reflective, lively Tt demonstrales the translator's views,

though basing on the source language, through every translated sentence In this

document, modulation accounts for 8% (6 cases detected) of all listed cases

Passive to active

Expressly modified or excluded by the credit -> tín đụng loại trừ hoặc sửa đổi một cách rõ rằng,

The reason why the researcher ranks (his case as rmodulalion is because i has the

grammatical change, from passive to active However, this translation obviously

cannot maintain the coherence in the target language

In short, it could cause elusiveness for readers The phrase "expressly modified

or excluded! actually refers to the previous clause which is “They are binding on all parties" ‘That phrase is only "caused" and processed" in the credit but in

Vietnamese version, the translator accidentally expresses it as the credit was

“modified and cxcluded', Tn order 10 make this translation clearer, an allernative approach 1s proposed: "Cae qui tắc này ràng buộc tất cả các bên, trừ khi những,

qwy tắc đó được sửa đối hoặc loại bỏ một cách rõ rằng trong tín đụng." This

(ranslalion cannot guarantee the brevity bul it mighl portray a better picture in comparison to the genuine Vielnamese translation

60 cases being decided — 60 vụ kiện phải xét xử

Tn Vietamese, two words "bị" and "được" are usunlly 1eed to imdicate the

passive voice This sentence witnesses no oxistonce of these words leading to the

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inovitable application of modulation proccdue This case differs from the previous case because it would nol sel oul any difficulties understanding the (ex!

for the readership

Tlowever what the researcher would like to mention is the double sub-procedures applied in this case We all agree that ‘passive for active" has been used, but should not forget there has been another one called "cause and effect" In English

version, the "cases being docided" means thal "cdc va kién duce quyél địmh, được phán quyết, not merely được "xét xử" as in the original Vietnamese

version We can follow the chronological order defined by the mind of the translator: The cases are tried and then be decided This example is an out- standing one representing the reflection of the translator's mind of modulation to the translated version,

‘Two other cxamples of passive (0 active is

ICC national commitiecs were canvassed on a range of issucs > ICC da nghién

cứu hang loạt vẫn dé

In this case, despite the good intension of applying modulation to facilitate the readership, the translator made a mistake The verb ‘canvass" is similar to carrying a pall in order to collect opinions or information from a source which, in

here, is TCC national commillees However, i bas been translated as "nghiền

| Although the translation is not absolutely wrong but it lacks the demand for

a

passive voice restrict the mistranslation to the meaning of the text In Vietnamese version, ICC becomes a suibject rather than an object as in English version

On which it may be based — 1a co s¢ ca tin dụng

This case is a normal shift from passive to active

[ Functional equivalents

1 | im addition, consideration was given | Ngoal ra, nhôm cũng xem xếi bon

to the contont of the four Position| ban danh gia do Uy ban Ngân

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In the extract, “Position papers” were translated as “bin danh gi" It is evident

that the translator did understand the profound, hidden meaning of the two

capitalized words and he climinated the distance of (he two language Most people have no idea what Position papers (nhimg te gidy vi tri) are and how they could be used but when it comes io Vielnamese term (ban dénh gia), the knoi is

magically untied

Summary

Jn this section six out of eight procedures have been detected and analyzed in order to answer the research questions In the findings, we can easily conclude

thal “Through translation” is the mosi common procedure wilh 44 cases (60%)

detected and it also plays a vital role in trausferring the meaning between the two languages in the most effective way In the discussion section, we somehow have

a revision of how is UCP is translated to Vielnamese using the provided

procedures

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