At the international level, especially when we have to make arrangements on agencies or official institutions, possible requesting us the translation of documents to the official language of the country in which we are going to present. However, in this case, any translation will not be valid, but it will require a sworn translation or official translation.
Then we solventaremos all your doubts so that you understand why have requested you a sworn translation and what is.
- What is the sworn translation?
When we speak of translation, we can distinguish between different types taking into account the specific characteristics of the text, theme, etc. Among them, we find the sworn translation, whose characteristics distinguish it from any other modality. It is a translation of official character that will always signed and stamped by a sworn translator certified by the relevant authorities which, in the case of Spain, would be the Ministry of Foreign Affairs and cooperation (MAEC).
But what is that translation should have official status?
We must distinguish between what is called private translation and official translation services. The first is that any person who has knowledge and ability to translate, with no other additional requirement. On the other hand, a translation with just formalized a sworn translator this can be done so you have valid legal before anybody, be it public or private.
- What is a sworn translator?
In our country, only can perform translations sworn translators authorized by the Ministry of Foreign Affairs and cooperation (MAEC), which are capable of translating from a foreign language to one of the official languages of the Spanish State and vice versa. The competition to appoint sworn translators from and into the languages Catalan, Basque and Galician has been transferred to the regional governments. In the case of Catalonia, is the General Secretary of policy language of the Government of Catalonia (SGPL), in the Basque country and Galicia the General Secretariat of linguistic policy of the Xunta de Galicia (SXPL) the Department of culture of the Basque Government (DCGV).
They are not servants or have an official square, but that they are independent professionals who exercise their profession independently or within an enterprise and which have been approved by the MAEC.
To gain access to the tests which enabled as a sworn translator, the following requirements must be met:
Be of legal age.
Have Spanish or nationality of any other Member State of the European Union or the European economic area.
Own a Spanish graduate or Bachelor degree, or a foreign degree approved by the Ministry of education, culture and sport.
If the above requirements are met, it will have to overcome the tests required by the Office of interpretation of tongues (OIL) of the Ministry of Foreign Affairs and cooperation and, in the case of Catalan, Basque and Galician, those required by the respective regional bodies.
If you need an official translation, checks whether actually sworn translator is enabled to perform it or go to a translation company to manage the process.
- When can I need an official translation?
While it may seem that this type of translation only is required in judicial or administrative proceedings, or that only companies require this type of service, it is more common than we think.
There are cases, as in the trial, which is not required to be authenticated by the translation. If we take a look at the LEC (Civil Procedure Act), we will see that it does not specify that the translation must be done by a translator-interpreter. Yes it says that any document that is presented to the Court shall be drafted in the official language of the country or, as occurs in some autonomous communities, in the second official language there is give. Anyway, it is advisable that the foreign original document be accompanied by a sworn translation, since the quality of a private translation services can be questioned, both by the opposing party and the judge, and the translation could be rejected, with consequent damage to who provides it.
On the other hand, there are cases in which it is compulsory to have this official character translation. It would be the case of all foreign public document that goes before the Spanish administration. For example, if a foreign student interested in joining the Spanish public university system, you must bring your notes certificate or any other document relating to the studies carried out in her country in Spanish and as a sworn translation.
- A sworn or official translation requirements
In addition, when you request a sworn translator or a specialized translation, they delivered it you meet the following requirements:
You must always deliver on paper, since you have to bear the signature and seal of the translator and, often, the translation is delivered accompanied by original documents, although it is not strictly necessary.
They should include all the details that appear in the original document: a handwritten phrase, a signature, a seal… everything should be in translation, since the sworn translator acts as notary public and must accurately reflect what is in the original document.
If the document is a Government, it must be legalized through diplomatic channels or, in the case of countries that are part of the Hague Convention of 1961, signed with the Apostille of The Hague (which also must be translated).
It must be translated into Spanish on the basis of article 36.1 of the law 30/1992, of November 26, the legal regime of public administrations and the common procedure.
5 What does legalize a sworn translation?
The legalization, generally speaking, is an administrative act which gives validity to a foreign public document to verify the authenticity of the signature on a document and the quality in which the signer of the document has acted.
Legalization is a complex process that often consists of different stages. A notarial document, for example, first passed by the Notary Association, then by the Ministry of Justice, by the Ministry of Foreign Affairs and cooperation, and finally by the Spanish consular representation in the country of destination. To streamline procedures, ever more frequent in the process of globalization, many countries have signed agreements to simplify them. Best known is the Treaty of The Hague, which gives official international validity to all document bearing a simplified seal, called Apostille, giving the delegations of the Ministry of Justice for all kinds of official documents, as well as for private or notarial documents notary schools in Spain. You can consult here the countries adhering to the Treaty of The Hague.
In the case of a sworn or official translation, legalization means is to certify formally that the signature of the translator sworn translation that is linked to the document corresponds to that deposited with the competent registry, and that the sworn translator is enabled to act as such. Legalization may apply to the Ministry of Foreign Affairs and cooperation. Where it is enough with the Apostille, sworn translation can be authenticated by a notary and, subsequently, to be apostil led in the Notary College.
The legalization of the document itself with the legalization of its translation should not be confused. Sworn translation of a previously legalized document includes the translation of its legalization or Apostille if it has not been issued in the target language. If, then, the document must be presented in another country where an official translation is requested, it should be legalized or apostil led again, depending on the country, if it has been performed in the country of origin.
6 most common documents in the sworn translation
In general, a sworn translation can apply to any document whose information we want to endorse. In this section you can see some examples of the most common documents.