Certified, Sworn or
Notarized Translation

Sworn translation is the type of translation provided by a translator who has been authorized by the government or a court to provide legal translations, a.k.a. a sworn translator. Sworn translators are usually added to an official court or government list of approved translators. You should know from the get-go that this is not how things work in Portugal though. Here, this is not yet possible under Portuguese law. Portuguese translators can only become sworn translators if recognized as such by other countries (such as Spain for example). So instead of sworn translations, in Portugal we have two options: we either provide certified translations or notarized translations (or both). When a notarized translation is needed, in Portugal we do this with the intervention of third parties which are stipulated by law, namely a notary public, a lawyer, a solicitor, or a Chamber of Commerce. Thus, in such cases, a translator, any translator, must, under oath or pledge of honor, declare before one of the above-mentioned third parties that the translation is accurate and faithful to the original document (and this step is necessary with every translation that needs to be notarized). The third party then confirms such statement in writing (which becomes an affidavit), and attaches it to the translation, after affixing their signature and stamp. The translator's signature is also needed. With that, the notarized translation becomes a legal document in its own right, meaning it has the same legal validity and produces the same legal effects as the original document. You could say that what we have going on in Portugal is a hybrid translation system that combines aspects from civil law countries with those from common law legal systems. Another important aspect which is worth mentioning: usually, for a notarized translation to be used abroad, an apostille is also required. It is important to note as well that the third party does not attest to the accuracy of the translation. They merely confirm the translator’s identity, credentials (if any) and signature, and then briefly mention the type of document for which a translation has been provided, as well as the language combination involved. The translator is the sole responsible for the truthfulness of the statement made before the third party at issue.

You may need one for legal purposes, when a certified translation is not enough (it's important to note that it always depends on the country where you are planning to use it and on the criteria established by the receiver), but you should know that it is usually more expensive and time-consuming, as in Portugal this involves an additional step of verification by one of the third parties mentioned above, who may charge a fee or require an appointment. Also, notarized translations have legal consequences because, through notarization, a translation becomes legally binding, therefore you should resort to translators who are extremely qualified and trustworthy. Lastly, if the document at issue is a civil status document (aka vital record), then in Portugal it is mandatory to request a notarized translation of that document in order to produce the expected legal effects.

To be precise, certified translation is a type of translation provided by a translator who has been certified by a professional association of translators or an organization that regulates the translation industry. In Portugal, such certification is granted by the Portuguese Association of Translators (APT) after passing an exam in a specific language combination (e.g. English into Portuguese and Portuguese into English) and sometimes even a specific domain (e.g. legal). This means that an APT certified translator is able to provide, along with their translation, a certificate of accuracy that states their name, credentials, and contact information, and by which they attest that the translation is an accurate representation of the original. Such certificate must also carry the translator's signature and bear the APT approved stamp and embossed seal, otherwise it will lack the reliability that the receiver is requiring. Therefore, the certificate of accuracy has no value if any of these elements are missing because the certified translator should be easily identifiable and recheable by the entity requesting the translation.

In Portugal, you may need one when in contact with the authorities or institutions requesting you to have non-civil documents translated by a certified translator for confirmation purposes as to the nature of the information present therein. It could be certificates, diplomas, resume or CV, reference letters, contracts, minutes, bank statements, tax return, medical records, academic transcripts, and other important paperwork. In other words, if the translation is not meant to hold the same legal value as the original document and thus become an official translation, seeking only to make the content comprehensible to the receiving institution or body because they may not be familiar with the language in which the original document was written, and a standard translation won't do it because of the importance of the document which requires an added layer of safety, then a certified translation will provide the reliability that the requesting body is looking for. Since, in Portugal, a certified translation within the true meaning of the word doesn't hold legal value by itself and therefore cannot be considered an official translation (unless notarized), you will need to submit it along with the original document (or a legalized copy thereof). And, in some cases, an apostille may also be required. However, in other countries, such as in the US or the UK (just to name a few), certified translations often times can be used for legal purposes as well, which doesn't mean they act as a substitute for notarized translations. Nevertheless, considering that certified translations are faster and cheaper than notarized translations and most documents are eligible or suitable for it, the truth of the matter is that they are usually preferred by clients and widely accepted by the authorities, especially in those two countries where notarized translations are only required occasionally. Conversely, in countries with well-established translation systems, like Italy, France, Spain, Germany, or Brazil, official translations are mandatory for legal purposes and these can only be provided by court or government-appointed translators (better known as "sworn translators" mentioned earlier). Again, please bear in mind that the type of translation you need for your situation always depends on the country and authorities involved. Therefore, it is advisable to check with them first.

In conclusion, to help you choose the right type of translation for your situation, you should consider the following factors:

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•  the purpose of the translation and the type of document: What do you need the translation for? If you need it for legal purposes, to hold the same legal value as the original document, and especially if we are talking about civil status documents, then in Portugal what you need is a notarized translation or a certified and notarized translation. For other purposes, when all is needed is for the requesting body to fully comprehend the content of the original (non-civil) document, then a certified translation should do it. Outside of Portugal and depending on the country and the receiver, a certified translation may be all you need, regardless of the purpose of the translation or the type of document. Again, this is subject to confirmation.

•  the cost and time of the translation: How soon do you need the translation? How much are you willing to pay? Notarized translations are more expensive and time-consuming than certified translations. Please keep that in mind.​

•  the quality of the translation: Because in Portugal any translator can provide a notarized translation (with the help of one of the previously mentioned third parties), without necessarily having a legal background, and because through notarization what is actually being confirmed is the translator's identity, statement and signature (and not the accuracy of the translation), requesting a notarized-only translation does not guarantee its quality, but rather serves the purpose of placing it at the same legal level as the original document, which means you can't really tell if the translation is truly reliable and 100% accurate. Sure, if there's a problem with the translation, the translator is accountable and legal action can be taken against them, but this still doesn't save you the trouble of having to start from scratch. Certified legal translators, on the other hand, are proven to be highly qualified. It is precisely based on their knowledge and expertise that they receive accreditation. From this point of view, you are better off with a certified translator who not only can certify their own translations but they can also provide notarized translations on demand (with the help of a notary, lawyer, solicitor etc.).