During the process of business internationalization, companies often encounter unique scenarios that require the submission of important legal documents, such as business licenses, contracts, and bank statements, to overseas institutions for review. These documents must carry legal validity and meet specific qualification standards. Standard translation services may not suffice to fulfill these special requirements. In such cases, it is essential to seek more specialized translation services, such as “certified translation,” “notarized translation,” or “sworn translation/interpretation,” to obtain high-quality translations that meet the necessary qualifications and even possess legal validity.
What is certified translation?
In various types of translation, it is possible to distinguish between general translations and specialized translations for specific purposes, based on the requirements of the translation recipient. In many scenarios involving specialized translation, there is a fundamental need for accuracy, which necessitates that translations be performed by qualified professional translation companies or translators to ensure that the text is produced by trusted experts.
Typically, professional institutions that require the submission of relevant documents will demand that the translation providers furnish professional qualifications and endorse the accuracy of the translation with their personal or corporate seal. If valid proof of qualifications cannot be provided, the translated documents are likely to be deemed invalid and may be rejected or returned.
Furthermore, translation certification can also occur in a cross-validation manner, wherein the certifying party does not take part in the translation process: individual translators and translation agencies can review and confirm the third-party translations and issue certifications. Additionally, in some countries and regions (such as the United States), there is no mandatory requirement for individuals or institutions providing translation certification to possess professional translation qualifications. However, this raises the risk that translations certified by individuals without formal qualifications may be rejected, with the responsibility for such rejections resting with the translation provider.
What is sworn translation?
Similar to certified translation, sworn translation also refers to translations that require professional certification and endorsement. The distinction lies in the fact that sworn translations not only ensure the accuracy of the translated texts but also confer legal validity. The primary clients for this service are often governmental institutions or sectors related to law.
In countries and regions where a sworn translation system is in place, individuals authorized to provide sworn translation services must undergo a professional assessment organized by government or authoritative bodies. They must also register according to the type of service provided, such as interpretation or translation, and the corresponding language pair, obtaining a unique and verifiable certification code. Institutions requiring sworn translation services must employ translators with the appropriate credentials. For instance, in Spain, sworn translators must be certified and registered by the Ministry of Foreign Affairs; in Poland, the Netherlands, and some other countries, this responsibility falls under the Ministry of Justice or its designated departments.
Sworn translators must take a formal oath in court before officially practicing. Therefore, even highly proficient language professionals cannot substitute for a sworn translator in relevant contexts. The sworn translator selected by the requesting party must provide services without refusal, except for any force majeure circumstances.
What is notarized translation?
Notarized translation refers to a translation service that is performed by professional translators and certified by a notary public or an institution with equivalent credibility.
Common scenarios for notarized translation include:
- Contracts
- Official documents
- Personal information
- Educational certificates
- Financial statements
- Medical certificates
Translated content that has been notarized possesses a certain legal validity. In many countries and regions where there is no sworn translation system, notarized translation often serves a similar purpose and is frequently a mandatory requirement for translated documents when dealing with government agencies or legal matters.
How are they different?
It is evident that the three types of translations mentioned above share some similarities while also exhibiting notable differences:
- Legal validity: Certified translation generally requires individuals or institutions to authenticate the translated document to ensure its accuracy. In many cases, this can be done without specific qualifications, making it challenging to assert legal validity. Conversely, sworn and notarized translations are certified by authoritative institutions, such as government bodies, thereby possessing officially recognized legal standing.
- Scope of service: Certified and notarized translations are primarily focused on written documents, whereas sworn translations also encompass interpretation services, leading to a broader range of offerings; sworn interpreters can validate the translations conducted by non-sworn interpreters, but non-sworn interpreters cannot provide sworn translation services in place of sworn interpreters.
- Cost and timeliness: Due to their specific nature and resource constraints, the costs associated with sworn and notarized translations are higher than those for certified translations. Additionally, with respect to the translation process, sworn and notarized translations require the provision of the translator's official qualifications and certifications, which results in a longer turnaround time.
- Service limitations: Sworn and notarized translations are typically valid only within the local jurisdiction, whereas certified translations can be universally accepted across multiple countries and regions, provided they are permitted by the receiving party. Furthermore, sworn translators can only offer their services in the language pairs and categories registered with their governing bodies. For instance, a sworn translator listed in the Belgian Ministry of Justice database (shown below) is registered for Chinese to French and English to French translations, meaning he/she can only provide sworn translation services in those two language pairs.
Sworn translators must provide services strictly in the language and service categories they are registered for
Conclusion
It is important to note that there can be significant differences in the standards and definitions of translation services across various countries and regions. Therefore, when selecting the appropriate translation service, it is crucial to clearly understand the specific requirements of the intended use case. Whether it is legal documents, business contracts, personal information, or educational credentials, ensuring that the chosen translation service complies with the regulations of the target institution or country is essential to avoid unnecessary complications and losses. Before commissioning a professional translation service, it is advisable to thoroughly consult with professionals or agencies to gather detailed information. This will help ensure that the translated documents are accepted smoothly and serve their intended purpose, facilitating the successful advancement of your overseas business endeavors.
