In China’s administrative law, the jurisdictional agency is the government agency with primary authority over a specific matter. For instance, the jurisdictional agency for public safety in Guangzhou would be the Guangzhou Department of Public Safety. Similarly, various cabinet-level agencies, such as the Ministry of Transportation, People’s Bank of China, or National Health Commission, may also be deemed as jurisdictional agencies, and these Chinese cabinet-level agencies are responsible for formulating national policies aimed at promoting stable national development within their sectors. Additionally, a jurisdictional agency may also serve as the head of an industry trade association to facilitate effective self-regulation within the industry.

Comparative Law

United States administrative law also has distinctions for government agencies that hold primary authority, however, these administrative law terms are conceptually split between jurisdiction and lead authority. Where multiple agencies of equal level are expected to cooperate, they are designated as the “lead agency” and “interested agency.” For example, “The FBI is the lead agency for operational response to domestic terrorism,” “The department that has primary authority at a particular location along the pursuit path is referred to as the jurisdictional agency.”

In other contexts, such as those involving geographic limitations, there are referred to as “jurisdictional agencies.” For instance, Chinese police from the jurisdictional agency for one precinct would previously meet officers at the border of another precinct to hand over evidence before the practice was deemed inefficient.  When forming a company in China as a foreign investor, the market regulation administration is the lead agency, and the commerce ministry is the interested agency, which will act to receive copies of the foreign investment information.

Further Reading

See our comprehensive resources on China’s Foreign Investment Law. and an overview of FDI regulation in our Foreign Investment Law FAQ.

Translation Guide

See: 主管部门