Handling cohesive devices in translating international trade contracts = xử lí các phương tiện liên kết trong dịch hợp đồng thương mại quốc tế

Handling Cohesive Devices in Translating International Trade Contracts

VINH UNIVERSITY
FOREIGN LANGUAGE DEPARTMENT
.. .

Lê Thị Huyền Trang
handling cohesive devices in
Translating International Trade
contracts
(Xử lý các phơng tiện liên kết trong dịch các hợp đồng thơng mại quốc tế)

Graduation thesis

Field : English linguistics

Vinh, 20007

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Handling Cohesive Devices in Translating International Trade Contracts

VINH UNIVERSITY
FOREIGN LANGUAGE DEPARTMENT
……..  …….

Graduation thesis
Handling cohesive devices in

Translating International Trade
contracts

(Xö lý các phơng tiện liên kết trong dịch hợp
đồng thơng mại quốc tế)
Field : English linguistics

By
:
Supervesor :

Lê Thị Huyền Trang
Trần Bá Tiến M.A.

Vinh, 20007

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Handling Cohesive Devices in Translating International Trade Contracts

Acknowledgements
It is extremely lucky for me when I have opportunity to do this
graduation thesis. After a long period of time to study, with great
attempt I have finished my paper. I would like to express my thanks
to all who help me during studying this.
Deepest first of all, I would like to express my gratitude to my
supervisor, M.A Tran Ba Tien : who has given me much invaluable

advice,

guidance,

corrections

and

encouragement

for

the

accomplishment of the study.
I am also indebted to foreign experts and my teachers in the foreign
Language Department for their helpful me overcome difficulties in
the process of my study.
My thanks also go to my beloved family for providing me with
valuable support and encouragement.
Finally, I wish to express my warm thanks to all my friends for their
love and assistance that help me to fulfill this study.

Le Thi Huyen Trang
Vinh 2007

TABLE OF CONTENT
Page

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Handling Cohesive Devices in Translating International Trade Contracts
ACKNOWLEGEMENT
PART A: INTRODUCTION …………………………….………………….1
1.
Rationale ………………………………………………………...1
2.
Aims of the Study ……………………………………………….1
3.
Scope of the Study………………………………………………..2
4.
Methods of the Study ……………………………………………2
5.
Design of the Study ……………………………………………...2
PART B: DEVELOPMENT ……………………………….……..…………3
CHAPTER 1: THEORETICAL BACKGROUND …………………..………..3
1.1
Translation Theory …………………………….……………..…..3
1.2
Definitions of Translation ……………...……………………..….3
1.3
Translation Methods ……………………………………..……….3
1.4
Text Styles in Translation…….……………………..……………..3
1.5
Process of Translation……………………………..…….………..4
1.2

Theory of Discourse………………………………………….…..4
1.2.1
Concept of Cohesion…………………………………… …….....4
1.2.2
Lexical Cohesion………………………………………… …..….4
1.2.2.1

Concept of Lexical Cohesion…………………………… …..…..4

1.2.2.2
Types of Lexical Cohesion……………………………………....4
1.2.2
Grammatical Cohesion…………………………………...……..4
1.2.3.1
Concept of Grammatical Cohesion……………………………...4
1.2.3.2
Types of grammatical cohesion……………………...……….....5
CHAPTER 2: ANALYZING COHESIVE DEVICES IN TRANSLATION .....5
2.1
Contract…………………………………………..………………5
2.1.1
What is a Contract?........................................................................5
2.1.2
The Importance of Contract…………………………..….………5
2.1.3
The Language of Contract……………………………..………...5
2.1.3.4
The Clause Pattern in International Trade Contracts…………....6
2.2
Grammatical Cohesion…………….……………………..……...6

2.2.1
Reference………………………………………………………..6
2.2.2
Conjunctions……………….…………………………………….7
2.2.3
Substitution………………………………………………………8
2.2.4
Ellipsis…………………………………………………………...8
2.3
Lexical Cohesion...9
2.3.1
Semantic Field...9
2.3.2
Repetition..9

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Handling Cohesive Devices in Translating International Trade Contracts
2.3.3
Synonyms………………………………………………………10
2.3.4
Superordinates and General Words…………………………….11
CHAPTER 3: IMPLICATION……………………………………………….12
3.1
Evaluation of a Translation Work…………………….……....12
3.2
Interpretation of the Translation Survey…….………………..13

PART C: CONCLUSION…………………………………………………..15
1.
Summary of Major Findings…………………………………...15
2.
Suggestions for Further Study………………………………….15
REFERENCES
APPENDIX

PART A: INTRODUCTION
1. Rationale

During the process of studying, learners of English usually concentrate on
the logicality of the text. When they hear or read a passage of language, they can
decide without difficulty whether it is a well-organized text or is a collection of
unrelated sentences. Textual coherence or relations or ties organize and, to some
extent, create a coherent by means of cohesive devices between various parts of
a text as Mona Baker (1992:181) puts it “Cohesion is the net work of lexical,
grammatical and other relations “.
Although the practice of translation is long established, the study of the
field developed into an academic discipline only in the second half of the
twentieth century. According to Jeremy Munday(2001), the study of translation
came into being about in the 1950s, however, until 1990s did discourse analysis
come to prominence in this branch. As it is affirmed in Callow’s book of
“Discourse considerations in Translating the Word of God (1974) Each

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Handling Cohesive Devices in Translating International Trade Contracts
language has its own patterns to convey the interrelationships of persons and
events; in no language may these patterns be ignored if the translation is to be
understood by its readers”. (Quoted in Baker, 1993:180)
Translators are likely to pay attention to grammatical structures and word
stocks but not to the cohesive devices when translating. English is obviously
different from Vietnamese. This paper investigates how cohesive devices are
transferred from English into Vietnamese. Analyzing cohesive devices in
translating English into Vietnamese will supply translators with an insight into
how ties or connectivity is used in real texts to have a good translation version.
In the situation of globalization, the era of developed economy, contracts
especially International Trade Contracts become more and more important. The
characteristics of contract in general require accuracy, clarity and binding.
Despite the difficulty and complexity of the subject matter, we choose
International Trade Contracts as the material to investigate.

2. Aim of the study
With the above reasons, our targets of this thesis, firstly, is to examine
theoretical approaches to discourse and translation to set the base for the
investigation.
Most importantly, the study attempts to highlight the importance of
applying theory into practical work by analyzing and handling cohesive devices
in translation.
Thirdly, the study hopes to find out some differences and similarities in
the cohesive devices used in the two languages.
Finally, it is aimed at evaluating some translation works to improve
translation skill and conducting a survey to uncovers how learners of English
deal with cohesive devices in the translation of International Trade Contracts

3. Methods of the study

This study investigates the cohesive devices in translation, employing
several methods as follows:
The first method applied in this investigation is the review of published
theories
The next is the analysis of all selected data originated in International
Trade Contracts
Moreover, Contrastive analysis and comparative method have been
applied.

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Handling Cohesive Devices in Translating International Trade Contracts
Additionally, both quantitative and qualitative methods were employed in
the thesis.

4. Design of the study
This paper consists of three main parts.

Part A: Introduction
We present the rationale of choosing the topic, the aims, the methods to
be applied and the design of the thesis as well.

Part B: Development
In this part, there are three chapters:
Chapters I: Theoretical Background
The Theoretical Background supplies fundamental and theoretical
concepts that are relevant to the purpose of the study.

Chapter II: Analyzing Cohesive Devices in Translation
This main chapter analyzes the cohesive devices used in the legal
documents. We also study how translators and/or learners of English handle
these transitions in the transference of International Trade Contracts.
Chapter III: Implication
In this chapter, the evaluations of several translations are made from
which the writer gains a lot of lessons and experiences. There is also a
translation survey to study how learners handle transition devices in their
Vietnamese-English translation

Part C: Conclusion
The last part offers the review of the research. Suggestions for further
study are also presented in this section.

PART B: DEVELOPMENT
Chapter I: Theoretical Background
1.1 Translation Theory
Throughout history, written and spoken translation has played a crucial

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Handling Cohesive Devices in Translating International Trade Contracts
role in interhuman communication and not least in providing access to important
texts for scholarship and religious purposes. As a mean of communication,
translation appears to be vital in the world today; it helps people to communicate
by eliminating the language barrier that separates them. Translation is used for
multilingual processes such as international agreements between states, public

and private organizations. The official documents such as treaties, contracts, and
the constitution of an independent state an instruction issued by exporting
companies give translations enhanced importance.
A theory is an explanation of a phenomenon, has no tangible
manifestation but an idea that constitutes the internal to representation of a
phenomenon. In our investigation of the process, we recognize that the purpose
of translation theory is “to reach an understanding of the processes undertaken
in the act of translation and, not, as is so commonly misunderstood, to provide a
set of norms for effecting the perfect translation” (Bassnett McGuire, cited in
Roger T.Bell, 1991: 22).
Although the practice of translating is long established, the study of the
field developed into an academic subject only really in the second half of the
twentieth of the century. Many books on linguistic and translation theories have
been established. However, there are many different and even opposite points of
views on translation theory. In this chapter, the author would like to review the
most expressive and relating translation position that shapes the theoretical
background for the study.
1.2. Definitions of Translation
There is no such a perfect or ideal definition for translation. The term
“translation” has been defined in different ways. Translation “is rendering a
written text into author intended the text”. (Roger T.Bell, cited in Bui Tien Bao,
1999: 4)
Roger T. Bell (1991) claims that “Translation is the expression in
another language target language of what has been expressed in one
language source language preserving semantic and stylistic equivalencies”.
Translation is basically a transference of form of a language. The form of the
source language is replaced by the form of the target language. Although
different theorists have their own definition of translation it is generally referred
to as “the replacement of a representation of a text in one language by a
representation of an equivalent text in a second language” (Roger T. Bell

1999:6).

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Handling Cohesive Devices in Translating International Trade Contracts
1.3. Translation Methods
Translation methods are the procedures used in translation for possible
range of text or text types. They provide a background of fundamental and
restricted rules and suggestions for translating the text, commenting translation.
Peter Newmark (1988) establishes the form of a flattened V diagram of
translation methods:
Source language emphasis
Target language emphasis
Word-for-word translation
Adaptation
Literal translation
free translation
Faithful translation

Idiomatic translation

Semantic translation
Communicative translation
_______________________________
_____________________________
Word-for-word translation
Word-for-word translation is often understood as interliner translation, the

follows the source language words immediately. Translators keep the same ideas
and forms. The source language word order is persevered and the words are
translated simply by their most common meanings. This method is used to
construe a difficult text as a pre-translation process and to understand the
mechanics of the source language.
Literal translation:
Literal translation is regarded as a pre-translation process to point out the
problems to be solved. The lexical words are rendered singly, however, the
nearest target language equivalents are transferred from the source language
grammatical structures.
Faithful Translation
Faithful translation attempts to reproduce the exact contextual meaning of
the original within the restriction of the target language grammatical structures.
It changes the cultural word and keeps the degree of grammatical and lexical
abnormality in the translation. It affords to be extremely faithful to the source
language writer’s intention and realization.
Semantic translation
Semantic translation is not similar to faithful translation because it must
under take the aesthetic value of the source language text. The faithful
translation is uncompromising and dogmatic, meanwhile, the semantic
translation compromises on meaning where appropriate in order that the

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Handling Cohesive Devices in Translating International Trade Contracts
completed version finishes with no assonance, word-play or repetition jars .
Adaptation

Adaptation that is considered the freest form of translation is used mainly
for plays. The theme and the plots are preserved; the source language culture
converted to the target language culture and the text is rewritten.
Free translation
Free translation reproduces the subject without the manner, or the content
without the form of the original. Usually it is a paraphrase much longer than the
original.
Idiomatic translation
Idiomatic translation reproduces the information of the original but tends
to misrepresent the meaning by preferring colloquialism and idioms where these
do not exist in the original.
Communicative translation
Communicative translation attempts to interpret the exact contextual
meaning of the original in such way that both content and language are really
acceptable and comprehensible to the readership.
1.4 Text Styles in Translation
According to Newmark, the text is classified into four types:
- Narrative is a dynamic chain of events where the emphasis is on the
verbs or phrasal verb.
- Description is immobile with the concentration on linking verbs,
adjectives and adjectival nouns.
- Discussion is a treatment of ideas with the focus on concepts, verbs of
thought, mental activity…
- Dialogue with the stress on colloquialisms and pacifisms
1.5 Process of Translation
In the study of translation theory (Newmark, 1995), translation process
begins with choosing a method of approach. Then translation is made with four
levels: the source language text level, the level of language, the referential level
and the cohesive level.
There are two approaches to translating. The first approach to translating

is to start translating sentence by sentence to get the feel and the feeling tone of
the text and then sit back, review it and read the rest of the source language text.
The second one is to read the whole text two or three times and find the
intention, register, tone, mark the difficult words and passages and start

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Handling Cohesive Devices in Translating International Trade Contracts
translating only having taken the bearings.
Translators may choose the two approaches depending on the mood or on
their intuitiveness (for the first approach) or their capability of analysis (for the
second); the first approach is probably suitable for the literary and the second for
a technical or an institutional text. The drawback of the first method is that the
translators may have too much revision to do on the early part, and of course
time wasting. Translators may prefer the second approach that is believed to be
mechanical.
(1) The Textual Level
This is the basic level or the level of literal translation of the source
language into the target language. The source language grammar is transposed
into their target language equivalents and then the lexical units are translated
into the sense that appears immediately relevant to the context of the sentences.
Translators may exclude the level of translation; however, it acts as a connective
of paraphrase.
(2) The Referential level
Whether a text is technical or literary or institutional, translators have to
address in mind summarily and continuously about what, for what, or what the
writer’s slant on it. When each sentence is not clear or there is an ambiguity

translators have to ask themselves: What is actually happening here? Why? For
what reason? On what purpose? Can it be realized? Can it be visualized? If not,
the linguistic level, the text level with the referential level, the factual level with
the essential additional information from this level of reality, the facts of matter
must be supplemented.
(3) The Cohesive Level
This level requires both the structure and the moods of the text. The
structure includes the connective words (conjunctions, enumerations,
reiterations, definite article, general words, referential synonyms, punctuation
marks) linking sentences, usually proceeding from known information to new
information. One feature of this level is that it moves between positive and
negative, emotive and neutral.
(4) The level of Naturalness
To have a good and successful translation work, translators must ensure
that their translation make sense and it reads naturally and it is written in
ordinary language, the common grammar, idioms, words that meet the demand
of the situation. As usual, translators temporarily disengage from the source

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Handling Cohesive Devices in Translating International Trade Contracts
language text by reading their own translations as though no original existed.
They have to ask themselves: Have you ever seen this in a newspaper, a
magazine or in a textbook? Is it common usage in that kind of writing?
1.2. Theory of Discourse
Unlike traditional grammar, that deals mainly with phonological, lexical
and syntactical structure, the current linguists have been studying with new point

of view that sentences are not the largest complete units. Beyond the sentence
level, the text is studied by observing how sentences are shaped in, by and for
the circumstances of their communication.
Discourse has been defined and understood in different ways since
Discourse Analysis was termed and became a field of linguistics. Guy Cook
(1995:198), for example, gives his definition of Discourse as follow: “stretches
of language perceived to be meaningful, unified and purposive”. Crytal
(1992:25) suggests, “Discourse is a continuous stretch (especially spoken)
language larger than a sentence, often constituting a coherent unit such as a
sermon, argument, joke or narrative”.
We consider that the concept of discourse by Nunan (1993) seeing
discourse as a stretch of language consisting of several sentences which are
perceived being related in some ways, in terms of the ideas they share and terms
of the jobs they perform within discourse appears to be the best to adopted. We
would like to emphasize that what we will try to analyze the cohesive devices
and how to handle them in the translation.
1.2.1 Concept of Cohesion
Cohesion refers to the grammatical or lexical relationships among
different elements of a test. The definition that is given by Halliday and Hasan
(1976) is no doubt the best one; they hold that the cohesive relationship within
sentences is a semantic one, and that “cohesion occurs where the interpretation
of some element in the discourse is dependent on that of another. The one
presuppose the other, in the sense that it cannot be effectively decoded except
by recourse to it”.
To the interpretation of discourse, cohesion is extremely significant. It
expresses “the formal links between elements (within or beyond sentenceboundaries) that make a text cohesive” (quoted in Dang Huu Phuoc 2006 –
MA thesis). Cohesion can be classified into the following subtypes:
1.2.2 Lexical Cohesion

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Handling Cohesive Devices in Translating International Trade Contracts
1.2.2.1 Concept of Lexical Cohesion
While studying spoken and written discourse, linguists seemed to be
gradually aware of the role of lexis in organizing and creating the regular
patterns found in extended stretches of them. This type of patterning may be
called lexical cohesion. Different authors define the concepts of lexical cohesion
similarly. In David Nunan (1993), lexical cohesion occurs when two words in a
text are semantically related in some ways. Halliday and Hasan (1976) define it
as “phoric” cohesion established through the structure of the word stock. Lexical
cohesion is therefore recognized as a cohesive device and a formal feature used
in close relation with context.
1.2.2.2.1 Reiteration
The major relation between vocabulary items in text is reiteration. The
concept of reiteration provided by Haliday and Hasan (1976: 319) is:
Reiteration is the repetition of a lexical item, or the occurrence of a synonym of
some kind, in the context of reference; that is, where the two occurrences have
the same reference typically, there fore, a reiterated lexical item is accompanied
by a reference item, usually “the” or demonstrative. The complex consisting of
the plus reiterated item is there fore cohesive by reference but since reiteration is
itself cohesive in its own right, as shown by the fact that cohesion take places
even when there is no referential relation

Briefly, reiteration that is considered a significant characteristic that
makes text coherent is a type of cohesive device by restating an item in a later
part.
We adopt the classification of Reiteration by Halliday and Hasan

(1976), in which there are four subtypes under reiteration namely repetition,
synonyms, superordinate and general word.
1.2.2.2.2 Semantic Field
A semantic field is a set of interrelated senses based on a conceptual field
or spectrum. In the aspect of discourse, a semantic field is even broader because
it links words to words in terms of not only meaning assumption, syntactic
occurrence and phonological characteristics.
For example, in The Old Man and the Sea translators come across a larger
number of component such as sea (biển), casting (quăng lới/ thả mồi), nets (lới),
fisherman (ngời đánh cá/ ng dân), boat (thun), fish (c¸), waves (sãng)... in a
semantic field.
1.2.3 Grammatical Cohesion
1.2.3.1 Concept of Grammatical Cohesion

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Handling Cohesive Devices in Translating International Trade Contracts
Cohesion is a semantic relation; however, like every element of the
semantic system, it is realized through the lexicogrammatical system. Cohesive
devices fit into the same overall pattern. Several forms of ties are recognized by
syntax or others by word stock, therefore, we can refer to grammatical cohesion
and lexical cohesion. The distinction is that grammatical cohesion is “a purely
formal relation, in which meaning is not involved” (Halliday and Hasan, 1976:6)
1.2.3.2 Types of grammatical cohesion
1.2.3.2.1 Reference
A very common cohesive device is the use of reference words or
reference. The term “reference” is defined by Halliday and Hasan (1976: 308)

as “the relation between an element of the text and something else by reference
to which it is interpreted in the given instance”. Reference as it is called because
of the relationship between such words that have meaning only with reference to
others. There are three kinds of reference namely anaphoric (looking
backwards), cataphoric (looking forwards) and exphoric (looking outwards).
These three dimensions of references can be successfully illustrated in the
following examples:
(1) A businessman would not consider a firm to have solved its problems
of production and to have achieved viability if he saw that it was rapidly
consuming its capital.
(Salkie, 1993: 64)
(2) I found about someone like Marx and Lenin. Lenin was a great
humanist, both a thinker and an activist.
(Salkie, 1993: 70)
(3) Journalists on the Daily Telegraph received a 5% rise, while those
on the Times and the Independent have been given 8% and 10%
respectively.
(Salkie, 1993: 71)
We can specify “its”, “it” and “he” in (1) with reference backwards. Two
references “its”, “it” refers to “a firm” mentioned earlier. In contrast,
“someone” in (2) looks forwards to “Marx and Lenin”. “the Daily Telegraph”,
“the Times”, and “the Independent” in (3), however differ from the two former
ones: they refer to the real things (newspapers in USA) in the world but not any
items elsewhere in the text. This is the third kind of reference (out-of-context or
exphoric). Interpreting it correctly requires factual knowledge between the
addressor and addressor and the assistance of the situation.

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1.2.3.2.2 Conjunctions
A conjunction does not create a search backward or forward for its
referent but it shows signs of relationship and indicates specific connection
between different parts of a text. Single-word conjunctions, phrasal and clausal
can be seen as connectives.
Under the heading of Conjunction, there are various suggestions that
could be taken up for classifying the phenomena. We shall adopt a scheme of
Halliday and Hasan (1976) of four categories: additive, adversative, causal and
temporal. They illustrate four types with the example below:
For the whole day, he climbed up the steep mountainside, almost without
stopping.
a. And in all this time he meets no on one
(additive).
b. Yet he has hardly aware of being tired
(adversative).
c. So by nighttime the valley was far below him
(causal).
d. Then, as dusk fell, he sat down to rest
(Temporal).
1.2.3.2.3 Substitution
Substitution contributes to the formal link of a sentence by replacing
words or a group of words that have been used. There are three types of
substitutions in English: nominal, verbal and clausal.
Nominal Substitution such as one could substitute for a
noun, or a noun and some of its modifiers:
(4) Squatting is most comfortable when you hold on to something firm
in front of you, or when you are supported by two helpers, one at each

side.
Verbal Substitution replaces a verb or a verb and some of its modifiers. In
the instance below, the verb substitute is done:
(5) We will have to improve a hell of a lot to really threaten the West
Indies, because they will not let us back in the game that way England
have done.
In Clausal Substitution, the word used to substitute for an entire clause is
so. Here are some examples:
(6) If you enlarge Notepad to its maximum size, the following
document will be easier to read. To do so, click the Maximize button
in the upper-right corner of the Notepad window.
(Salkie, 1973: 48)
(7) There was also the policy question of whether or not there should
be an attempt to restore the convertibility of sterling, and if so how.

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Handling Cohesive Devices in Translating International Trade Contracts
(Salkie, 1973: 44)
1.2.3.2.4 Ellipsis
In certain contexts, it is possible to leave out the original item rather than
repeating it. This common cohesive device is called ellipsis. English has three
types of ellipsis: nominal, verbal and clausal.
By Nominal Ellipsis, we mean ellipsis within the nominal group.
(8) Three hundred general practices will also manage their own budgets
from April, though details have yet to be announced. Like their trust
counterparts, their main motive for seeking autonomy is to improve the

services they offer to patients. Such doctors tend to be the most innovative
in their fields. Some < > might opt out of the National Health Service
altogether if, as Labour has promised, the whole policy were scrapped
(Salkie: 1973: 57)
Verbal Ellipsis
Verbal Ellipsis leaves out the verb and any modifiers to the right of verb.
(9) Other domestic broils came at the same time to in crease my chagrin.
Madame le Vasseur, while making me the finest compliments in the world
alienated from me her daughter as much as she possibly could < >
(Salkie: 1973: 58)
Clausal Ellipsis
In this kind, most of the clause is left out. The clause after the question
word how in the example below is omitted:
(10) Britain spends more than twice as much as France on prisons, and
two – thirds as much again on private security officers. Clearly, different
countries can do better in influencing the apparently inexorable climb in
criminal behave our: we need to look more closely at how. < >
(Salkie 19793: 60)
On the whole, we have reviewed all the general and relevant theories of translation
and discourse in order to fulfill our subject of the study satisfactorily.

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Handling Cohesive Devices in Translating International Trade Contracts

Chapter II: Analyzing Cohesive Devices in
Translation

Cohesion is one of the most significant and essential feature in discourse.
By means of cohesive devices, a well-organized text will “hang together”. In this
chapter, the author would like to study, investigate the cohesive devices and
their analysis and handling in the translation of International Trade Contracts.
2.1. Contract
2.1.1. What is a contract?
A contract is legally binding exchange of promise or a set of promises or
agreement between parties that the law enforces. The concept of contract is a
binding agreement between two or more parties for performing or refraining
from performing some specified acts in exchange for lawful consideration.
A contract is binding whether it is written or oral. In the event, an oral
contract between a supplier and a buyer is later confirmed in writing. It is
important to know that when a contract is reduced to writing, the written
evidence supersedes all prior oral evidence. This means that a buyer cannot
legally rely upon a vendor’s oral statements concerning a material’s performing
or warrant, unless the statements have been included in the written agreement.
2.1.2 The Importance of Contract
When executives from different countries exchange goods and service,
they create a legal document or contract. A written contract stating all
agreements as detailed as possible is recommended for all purchase from local
as well as from foreign sources. Business is based on agreements or contracts.
During the performance of trade, the parties may disagree on a particular
matter and then the two parties will study the contract to find out which party
obligates to honor and follow the agreement.
No one can image an industrialized market economy without contracts. It

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Handling Cohesive Devices in Translating International Trade Contracts
will get confused without any laws, duties or justice. A company is not willing
enough to sell their products to another with no legal document. A factory would
not agrees to supply its product to a firm which promise to pay for them next
month unless it could have outside help to force the firm to pay.
As a result, the common law courts of England recognized the
enforceability of simple contracts by 1603. However, contracts were found to be
enforced and recognized by ancient Egyptians and Mesopotamians much earlier,
thousands of years before Christ.
2.1.3 The Language of Contract
2.1.3.1 Features of Vocabulary
As mentioned earlier, contracts are legal documents, therefore formal
language is used. No slang or even colloquial words can be found whereas
archaic words or phrasal and technical terms reinforce owing to their frequent
occurrences. Such archaic words can be exemplified as: whereof, hereafter,
hereto, whereas, all men know, hereof, hereunder …
(11) ASC CORPORATION, as SELLER, confirms having sold to
BUYER the following goods by contract made on the date below and
on the terms and conditions set hereunder and on the reverse side
hereof.
(ABC Contract)
Similarly, there are special definitions for typical words or technical
terms. For instance:
(12) “Territory” shall mean the Socialist Republic of Vietnam
Consumers Packages” shall mean such original standard
package from time to time adopted by AGIP
“Affiliate” shall mean any entity which is controlled by or in
control of or under common with another specified entity.
(Contract for Distributorship Agency)

2.1.3.2 The Clause Pattern in International Trade Contracts
A long sentence makes English-language contracts confusing and
puzzling. Limited Basic English clause structure leads to longer sentence when
combining ideas. Four basic clause structures that make best written contract
provision will be presented as follow:
Structure 1: Main Clause Plus Main Clause
MAIN CLAUSE + MAIN CLAUSE
This is frequently used structure in English language with such
conjunction as and, but, or

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Handling Cohesive Devices in Translating International Trade Contracts
(14) In the event that no cargo is available to be loaded on
nominated vessel at loading port, then dead freight to be paid by
Seller based on Buyer’ s actual claim and the Buyer will submit the
following documents to Vietcombank for receiving P.B
(Contract for the Purchase and Sale of Rice)
Structure 2: Main Clause Plus One Subordinate Clause is the simplest
relationship between two ideas by combining one main clause and subordinate
clause
MAIN CLAUSE + SUBORDINATE CLAUSE
(15) All amendments and additions to the present Contract are valid
if they are made out in writing and signed by both parties.
(Contract for Lubricants)
SUBORDINATE CLAUSE + MAIN CLAUSE
(16) If any warranty exists, Seller’s liability shall be limited to

replacement or repair of the defective goods
(ABC Contract)
Structure 3: The Daisy Chain
The Daisy Chain is a string of condition often attached to a main
provision.
MAIN CLAUSE + SUBORDINATE CLAUSE + SUBORDINATE
CLAUSE + SUBORDINATE CLAUSE
(17) The delivery time has been adhered to if the consignment is
ready for dispatch extra work within the agreed period and if notice
to this effect is sent to the purchaser.
Structure 4: Main Clause between Subordinate clause
SUBORDINATE CLAUSE + MAIN CLAUSE + SUBORDINATE
CLAUSE
(18) Where the contract provides for deliveries in lots of
installments, penalties for late delivery shall be calculated on the
basis of the value of each lot for installment, provided that the later
delivery does not impede the general performance of the contract.
2.2 Grammatical Cohesion
2.2.1. Reference
One frequent transition device in legal document is the use of what is
called reference. There are three common types of reference: Anaphoric
reference whose referents can be confirmed by looking back the information in

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Handling Cohesive Devices in Translating International Trade Contracts
the text, cataphoric reference is performed through instructing readers to consult

forward later part of the law and the confirmation of exphoric reference can be
made by looking outwards.
Anaphoric reference
(19) The Joint Venture and its foreign partner shall be liable to fulfill
their financial obligations to the Vietnam Government as stipulated in
the Investment License issued by the State Committee for Co-operation
and Investment.
After fulfilling all its financial obligations to the Vietnam Government,
the Joint Venture shall use 5% of its profit to set up a reserve fund.
Other funds shall be established in conformity with Vietnamese Laws.
(Joint Venture Contract)
A translator requires mother tongue skills and cultural background.
Translators are not only supposed to understand but they also have to make their
readers easily understand. Naturally enough, the usage of the two languages is
dissimilar. The high percentage of referent words does not mean that every word
needs all equivalences. In the above example, when we come across the word its
in the first sentence we know that we have to find something to which the word
refers. The word Joint Venture tells us that foreign partner belongs to it. The
word their refers to The Joint Venture and its foreign partner. Similarly, the
word its in After fulfilling all its financial obligations and 5% of its profit. It is
obviously odd, verbose and intricate if all the English referents are transferred
into Vietnamese. We would like to present two translation versions to compare:
Liên doanh và bên nớc ngoài (của mình) phải sẵn sàng thc hiện các
nghĩa vụ tài chính (của liên doanh và đối tác) đối với chính phủ Việt
Nam nh quy định trong Giấy phép đầu t do Uỷ ban Nhà Nớc về hợp tác
và Đầu t cấp.
Sau khi hoàn thành tất cả các nghĩa vụ tài chính (của liên doanh) đối với
Chính phủ Viêt Nam, Liên doanh sẽ sử dụng 5% lợi nhuận (của nó) để
lập quỹ dự trữ, các quỹ khác sẽ đợc lập phù hợp víi Lt ViƯt Nam.
Translation is generally no more than a string of words intended to help

someone read a text in its original language. Owing to specific characteristic of
Vietnamese language, omitting referent words does not reduce closeness and
accuracy of legal document. On the contrary, this makes the translated version
concise, succinct and easy to understand.
The following passage can be served another example:
(20) Party A undertakes to manufacture the garments specified in the

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