Mongolian and English are hardly two of the most compatible languages.  Vastly different in their origins and structure, translation from one to the other can be a difficult prospect.  Mongolian is a Turkic-Altaic language that generally uses a subject-object-verb structure, which takes some time for Westerners learning Mongolian to get their heads around.  Translating from one language into the other takes a certain amount of care and finesse. 

If you or your company is going to offer translation in Mongolia you need to have a stiff upper lip.  As I said, not only is the act of translation itself difficult but many Mongolians are notoriously picky, for lack of a better word, when it comes to translation.  My boss often tells of her experience of having the Mongolian Minerals Law translated into English.  A group of five or so Mongolian translators were brought together to translate the law into English.  The translators were from various mining companies, mining-related NGOs and law firms and the idea was to bring in a group in order to ensure the best translation possible was made.  Well, weeks later a consensus was finally reached but not without much gnashing of teeth and hair-pulling.  Nobody could agree on wording, one translator wanted “contract”, for example, while another wanted to use “agreement.”  Needless to say such nitpicking is going to cause translation time to slow down considerably.

Technical translations, like the Minerals Law that combines legal, mining, and geological terminology, can prove to be extremely difficult and can leave the translator open to much criticism.  Whichever end of the translation you may be on, whether it is ordering the translation or actually doing the translation, both sides need to be prepared for a little give and take.  The translator is going to need to accept the fact that someone out there is going to disagree with her translation and the client must understand translation is not an exact science and thus should be willing to work with the translator to produce the best possible document.

Another issue to keep in mind is when a translation is finished it will rarely sound as if it was written by a native speaker.  A reader of a translated document will invariably find what s/he considers a mistake in the translation.  This can occur due to any number of reasons, including differences in language patterns, cultural differences, or differences in ways ideas are conveyed.   For example, I think English is more of a direct, to-the-point language, especially in business matters, while Mongolian seems to be a little more descriptive, taking its time to get to the point.  Most translators also translate documents quite literally instead of imposing too much of themselves or their interpretation onto the translation, which may also lead to further perceived problems in the translation.

So while on the face of it translation seems as if it should be a fairly straight-forward Point A to Point B process, it rarely is, especially in the case of such differing languages as Mongolian and English.  Translation in Mongolia is a balancing act that tries to convey the idea and meaning from the original language while simultaneously attempting to make it sound as natural as possible in the translated language.

Following up on my previous two-part blog on difficulties and challenges of doing business in Mongolia, this blog will focus on why some expats may experience difficulties because of the way they think things should be done in Mongolia but aren’t.

That’s Not How We Do It

A major difficulty I see foreigners dealing with here, especially as managers of companies, is their wanting to run their companies according the legal system they are familiar with.  While we are all guilty of saying “Well, in the US we do this” or “In the UK we do that” unfortunately this just does not translate well to doing business in Mongolia.  The legal system in Mongolia is undeniably a product of the Soviet system, and while Mongolian lawmakers have pretty much rewritten most laws since the transition nearly 20 years ago, the major influence on many of the politicians remains the Soviet Union.  So while it is easy to fall into the mindset of “that’s not how we do it in…” you will only end up driving yourself mad thinking that way.

Laws in Mongolia can be extremely different from what we are used to.  For example, the Labor Law in Mongolia is extremely employee friendly.  The employer cannot really dictate anything to the employee as everything must be mutually agreed upon.  There is also no at-will termination, and based on Supreme Court interpretations of the law it actually leans towards lifetime employment.  That can be difficult for many foreign HR people to get their heads around.

Many expat workers also expect the Mongolian legal system to be comparable to either China or Russia’s legal system as well.  I am no expert in either one of those systems but I do know that Mongolia has a unique legal culture unto itself.  While the Mongolian legal system would share some characteristics from these countries, one no definitely not come expecting to understand the Mongolian legal system based on either one of these countries.

You Mean We Need it in Mongolian?

Many expat workers, unless they have experience working in foreign countries, also tend to forget about the translation issue.  While the Civil Code does allow for freedom of contract meaning contracts and agreements can be executed in any language, whenever your company is dealing with a Mongolian government agency, which will be fairly often, they require everything be translated into Mongolian.  For foreign-invested companies agencies usually want to see the original in English and a Mongolian translation.

It is also easy to forget that every Mongolian does not speak English equally well as the employees most foreigners work with.  Whenever meeting with Mongolian clients or doing business with other Mongolian companies, pretty much everything will need to be translated into Mongolian if originally produced in English or another foreign language.  The same rule applies equally to Mongolian documents.  It can easily slip the mind of an expat that the working language is not your native language and documents will probably need to be translated from Mongolian.  My bit of advice on this is to allow plenty of time to translate documents before meetings to make sure they get done in good time.

The Personal Touch

In our world of 24/7 connections via our computers, iPhones or Blackberries it often seems to slip our minds that we can actually meet face to face.  Well, in Mongolia they still believe in the art of the in-person meeting.  That takes a lot of getting used to for most foreigners who feel that their time may be better utilized by sending an email or making a quick phone call.

This is especially true when dealing with Mongolian government agencies.  Virtually everything, from submitting monthly tax reports to simply requesting the steps and documents necessary to apply for a license will require a trip to that office.  This drives more than a few expats mad as it seems like an enormous waste of time, as indeed it is.  But try calling Immigration for the procedure to apply for a tourist visa and see where it gets you.  There’s nothing like some good ol’ face-time in Mongolia to accomplish your mission.

We Don’t Need No Stinkin’ Employment Agreements

Well, yes you do.  As I stated above the Mongolian Labor Law is very pro-employee.  As such it is illegal to have someone work for you without an employment agreement/contract in place.  Although many companies in Mongolia are guilty of doing this and usually do not think twice about it, it can come back to haunt them if the employee were to ever bring legal proceedings against the company.  Dollars to donuts the employee will be returning to work if s/he were to sue the company for wrongful termination and there was no employment agreement in place.

It is very easy not to execute employment agreements when hiring a new employee.  Even companies with a dedicated Human Resources department can fail to properly comply with the Labor Law in this respect.  Most employees are most likely not that familiar with the Labor Law and do not know the company is legally bound to sign an employment agreement with them.  On the other hand, the company may think they are getting away with something by not having an employment agreement.  This definitely is not an idea that will work and will only be trouble in the future.

To deal with this issue it is highly advisable to simply have an employment agreement template that your company signs with every employee upon hiring.  A foreign contract/employment agreement could be used as a base but it will definitely need to be vetted by a law firm or an HR consulting firm in order to ensure it complies with Mongolian law.

The Mongolian Labor Law also makes a distinction between a contract, which can only be used for high-level employees, and employment agreements, which would be used for the majority of your employees.  These two documents have different regulations and procedures in the Labor Law.  There is also a Government Resolution that defines which positions can actually be contracted.  Yet another issue to contend with.

Foreigners Need Not Apply

Another issue many foreign-invested companies are often surprised by is the foreign-worker quota in Mongolia.  The quota is regulated by an annual Parliamentary Resolution that defines, by business sector, the number of foreign employees a company can have.  It can be as high as 90% of the workforce for petroleum exploration, but generally varies from 10%-20%.  The default quota, for a sector that is not listed in the resolution, is 5%.

This quota is based on the number of people the company has listed as paying social insurance for.  Every time a company applies for a work permit for a foreign employee it must get a Social Insurance reference letter that shows for how many employees social insurance is paid and how many expat employees the company has.  If the company has reached its quota then the Social Insurance office will not approve a work permit being issued.

Visit Early and Often – Getting Legal, HR and Other Advice

In more cases than I care to remember I have seen companies come to ICMC after a situation has already gone pear-shaped.  While most of the time there are no issues when a company relies on its own staff to handle matters, for some issues, especially those legal in nature, or those dealing with specialized areas such as labor matters, HR matters, immigration problems or company registration issues it can be better to consult with another party who may have more experience in the area concerned.

I probably see this most often relating to tax issues or labor matters.  A company may try to use its own employees to handle problems as they arise, which is perfectly understandable, but many times these issues are too complex for the average employee to be able to handle well.  Usually it comes down to having a law firm or another consulting firm help solve the problem.  All too often I have seen companies realize they will need outside help when it is almost too late to achieve good results.

The best advice I can give if your company is new to Mongolia, or even if it is not, is to find a good law firm to consult with when those pesky legal issues pop up.  It is also a good idea to find a firm this is able to assist with immigration issues, tax problems or company certificate renewal and other compliance issues.

We’re Going To Need That in Writing

My final topic is on corporate registration and any changes to a company’s State Registration Office (SRO) certificate or its Foreign Investment and Foreign Trade Agency (FIFTA) certificate.  Mongolian agencies require a Shareholder’s Resolution in order to register any changes on either certificate, including registering a new Executive Director, increasing the capital, changing shareholders (in which case you will need resolutions from the old and new shareholders), and adding a new business activity of the company.  Regardless of whether the shareholder of the Mongolian company is located here or not, the authorities will require an original signed resolution from the parent company.

In a similar vein official request letters are needed for virtually everything your company will want to do in Mongolia.  To open a new bank account, a request letter is needed.  To have a telephone line installed, a request letter is needed.  Even to get a detailed phone bill listing numbers dialed, you guessed it, a request letter is needed.  It can get out of control at times but at least you can’t accuse Mongolia of not continuing its socialist background of needing paperwork for everything.

This is a small list of what I see expats struggle with when working in Mongolia.  Some issues, like the legal system, are usually just a person falling back to what they are familiar and comfortable with.  Others, like translation or request letters, usually takes a little getting used to and then it ceases to be much of an issue.  Working in any foreign jurisdiction has both its challenges and its rewards and Mongolia is no different.

]]> http://icmc-mongolia.net/expats-in-mongolia-your-not-in-kansas-anymore/feed 2 http://icmc-mongolia.net/translation-in-mongolia-101-mongolian-translation-challenges-addressed http://icmc-mongolia.net/translation-in-mongolia-101-mongolian-translation-challenges-addressed#comments Fri, 14 Aug 2009 03:52:22 +0000 Bobby http://icmc-mongolia.net/?p=289

August 14, 2009

When it comes to Mongolian translation, people typically have five main questions.

The  questions are: how do I find a reliable translator; how much should I pay; how do I know my translation is accurate; how can I get an official translation; and do I have to execute my business documents in Mongolian language?

Mongolian translation overview

Translation is much more of an art that an exact science.  Put ten translators in a room and each one will have a different take on how something should be worded.  All translations are definitely not created equal; they drastically differ in quality depending on the translator’s skills, experience and knowledge of the particular topic of translation.   What should you or your business be on the lookout for when looking for a translator?  Listed below are the top five things people typically want to know about Mongolian translation.

1.  How do I find a reliable Mongolian translator?

This is perhaps the biggest issue many people face when needing to have something translated, especially if it is an important document like a contract or agreement.  There is, unfortunately, no sure-fire way of knowing if a translator is going to suit your needs.  It takes time to find a good, reliable translator who you can count on to do a good job every time.  Word-of-mouth referrals and suggestions from others are obviously good start in finding a translator.  Once several prospective translators have been found it would be a wise to ask for a list of past clients and samples of translations.  It probably wouldn’t be a bad idea to have a couple of translators translate the same document and compare the translations.  This is a search into which it is worth putting some time and effort.

Of course translators can be found through your favorite search engine, but for local Mongolian translators this probably will not lead to very many solid results.  Translation companies can also be found scattered throughout the city, with several located on Peace Avenue, near the State Department Store.

2.  How much should I pay?

This question is probably not far behind question one.  Rates vary depending on how quickly one needs the translation, the subject matter, and whether it is general translation or technical translation and quality, in addition to other factors.

It is difficult to give a definitive answer for this question.  As in all things in life, you get what you pay for.  General translation will probably range from USD15-30 per page.  Technical and subject-specific translations will be more expensive, probably in the $25-$40 range, as will expedited translations.   For oral translation expect to pay more than $50 per hour.  In the end, it is certainly worth paying a bit more for a translation well-done.

3.  How do I know if my translation is accurate?

As I mentioned at the beginning, if you ask ten Mongolians about a translation you will probably get as many different answers.  Again, some trial and error will go into finding a translator you find “accurate.”  A good way to gauge accuracy is to have a Mongolian you trust, fluent in the language of the translation, review it.  It is obviously best to have the same person review all of the potential translations for consistency.  If you have several different people review the translations you will have as many opinions, thus making your task of finding an accurate translator that much more difficult.

If a particular subject matter is involved, I recommend finding a bureau that works closely with someone well-versed in that area.  For example, if you need legal translation perhaps go to a law firm for recommendations or to a translation company that works closely with a law firm.  For legal translations it is important to have an attorney review the translation and a translation company that has close ties with a law firm is more likely to be able to provide that level of service.

4.  How can I get an “official” translation?

There really is no such thing as an “official” translation.  If a translation company tells you they provide official translation they are trying to pull the wool over your eyes.

Translations are official in the sense that a company will most likely have a “translation bureau” stamp with which they will stamp the translation, but this is by no means official in any other way.  This stamp simply means the company has had the stamp made.  Some stamp makers will make any stamp anyone requests without proof of actual translation proficiency, so again, it is important to research your translator.

People often ask for official translations of Mongolian laws but these do not really exist.  Occasionally the Government of Mongolia will issue a translated law and this would really constitute the most official translation.  In the case of laws, it can take years of parsing words to come up with a proper final English translation, for example, usually the result of countless hours of English-speaking attorneys and Mongolian attorneys battling over the true meaning of the law.

5. Do I have to execute my business documents in the Mongolian language?

According to the Mongolian Civil Code parties may conclude any contract as long as it is within the legal framework of Mongolia and are free to define the contents of those contracts or agreements.  Individuals or businesses are therefore free to conclude contracts in any language they like.

If Government agencies become involved in any way this changes.  If, for example, you are forming a new company or buying an existing company, all the documents can be executed in English, but for purposes of registration these documents must be translated into Mongolian.  The agencies will want to see the translation as well as the original document from which it has been translated.  In this case all translations must also be notarized in Mongolia before being submitted to the relevant agency.

While there is freedom of contract in Mongolia and companies may execute contracts in English, Russian or Swahili, but if any type of registration is needed for any reason with Government agency a notarized Mongolian translation will be necessary.

Still Have Questions?

I have tried to answer a few of the more common questions regarding translation in Mongolia.  Obviously there is much that has been left unsaid.  If you would like information on questions not in this blog or would like clarification on answers here please feel free to leave a comment.  If I get enough questions I’ll simply write a part II to the blog.

For those who may be interested in translation services, please feel free to take a look at our Mongolian translation services page.