Provincial and Local Government in China: Provinces, Municipalities, Autonomous Regions, and Local Administrative Authority

Introduction

China’s system of provincial and local government is an essential part of its constitutional and administrative structure. Although the People’s Republic of China is a unitary state, rather than a federation, it is territorially extensive and administratively complex. Its government therefore operates through several levels of territorial administration, each with defined responsibilities, institutional arrangements and relationships with higher authorities.

The distinction between a unitary and a federal state is particularly important. China’s provinces possess substantial administrative responsibilities and may adopt local regulations within legally defined limits, but they are not sovereign constituent states. They do not possess independent constitutions, unrestricted legislative authority or a general right to determine their relationship with the central government. Their powers derive from the Constitution and national legislation, and their administrations operate within a system of unified state authority.

At the same time, local government is not simply a collection of subordinate offices implementing instructions from Beijing. Provincial and municipal authorities administer extensive public services, supervise local economic development, manage land and infrastructure, implement national policies, regulate businesses, coordinate public security and exercise administrative powers that affect individuals and enterprises in everyday life. Local people’s congresses also possess legislative and supervisory functions within their respective territories.

China’s local administrative structure includes provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures, counties, county-level cities, districts, townships and towns. Special administrative regions have a distinct constitutional status and operate under separate legal frameworks.

Understanding this system requires attention to three related but different questions: how the territory is divided, how local state institutions are organised, and how authority is distributed between central and local government. These questions are closely connected, but they should not be treated as interchangeable.

1. Constitutional Foundations of Local Government

1.1 China as a unitary state

The Constitution of the People’s Republic of China establishes a unified state structure. It does not create a federation in which provinces retain constitutionally independent powers. Instead, the central state determines the general organisation of territorial administration, while local authorities exercise powers assigned to them by the Constitution and legislation.

This arrangement combines centralised political and legal authority with extensive territorial administration. Local governments have responsibilities of their own, but their authority exists within the national constitutional framework.

The Constitution identifies the basic administrative divisions in Article 30. The country is divided into provinces, autonomous regions and municipalities directly under the Central Government. Provinces and autonomous regions are further divided into autonomous prefectures, counties, autonomous counties and cities. Counties and autonomous counties are divided into townships, ethnic townships and towns. Municipalities directly under the Central Government and other large cities are divided into districts and counties, while autonomous prefectures are divided into counties, autonomous counties and cities.

Article 31 provides for the establishment of special administrative regions where necessary. Their institutional systems are prescribed by laws enacted by the National People’s Congress, taking account of their particular circumstances.

This constitutional arrangement creates a territorial structure that is nationally unified but administratively differentiated.

1.2 Articles 95–111: local state institutions

Chapter III, Section 5 of the Constitution, particularly Articles 95–111, establishes the principal framework for local people’s congresses and local people’s governments.

Article 95 provides for people’s congresses and people’s governments at several levels, including provinces, municipalities directly under the Central Government, counties, cities, municipal districts, townships, ethnic townships and towns. Autonomous regions, autonomous prefectures and autonomous counties establish organs of autonomy.

Article 96 characterises local people’s congresses as local organs of state power. At and above the county level, they establish standing committees.

Articles 97–104 address the composition, election, powers and organisation of local people’s congresses. Article 105 defines local people’s governments as both the executive organs of the corresponding local people’s congresses and the local state administrative organs at their respective levels.

The constitutional design therefore distinguishes between two principal institutional forms:

• Local people’s congresses, which exercise local state power through legislation where authorised, resolutions, decisions and supervision.
• Local people’s governments, which perform executive and administrative functions and implement laws, regulations, resolutions and decisions.

The two institutions are connected. A local people’s government is not constitutionally conceived as an entirely independent executive authority detached from the corresponding people’s congress. It is responsible to that congress and reports on its work.

However, local governments are also integrated into the national administrative hierarchy. Article 110 provides that local people’s governments are responsible to the state administrative organs at the next level above them and report on their work. It further establishes that local people’s governments nationwide operate under the unified leadership of the State Council.

This dual relationship is central to understanding Chinese local administration: local governments are accountable to their corresponding people’s congresses while also being subordinate to higher-level state administrative organs.

1.3 The Organic Law of Local People’s Congresses and Local People’s Governments

The constitutional framework is developed by the Organic Law of the Local People’s Congresses and Local People’s Governments of the People’s Republic of China. The law was revised in 2022, modernising the institutional rules governing local state bodies.

It regulates the establishment and organisation of local people’s congresses and governments, their functions and powers, their working procedures, the responsibilities of their officials and their relationships with other state institutions.

The law recognises the different administrative levels and provides for the operation of local government departments. It also addresses the relationship between local government offices and the competent departments of higher-level governments.

For example, provincial government departments operate under the unified leadership of the provincial people’s government, while also being subject to the operational guidance or leadership of relevant State Council departments where legislation or administrative regulations so provide. Similar arrangements apply to departments at lower administrative levels.

This creates a system in which territorial government and specialised administrative supervision operate together. A provincial department is part of the provincial administrative structure, but it may also be subject to national standards, professional guidance and regulatory requirements established by a central ministry.

2. The Main Categories of Provincial-Level Administrative Regions

China’s provincial-level administrative structure is commonly described as comprising 34 units: 23 provinces, five autonomous regions, four municipalities directly under the Central Government and two special administrative regions. This classification reflects the official position of the People’s Republic of China. It includes Taiwan as one of the claimed provinces, although Taiwan is self-governed and is not administered by the authorities of the People’s Republic of China.

For the purposes of mainland administration, the principal figure is 31 provincial-level administrative units: 22 provinces administered by the PRC, five autonomous regions and four municipalities directly under the Central Government. Hong Kong and Macao are separate special administrative regions, and Taiwan’s political and administrative status must be distinguished from the mainland system.

The categories are not merely geographical labels. They reflect different constitutional arrangements and administrative responsibilities.

2.1 Provinces

A province is a principal territorial unit of the Chinese state. Provincial governments administer large territories containing cities, counties, districts, townships and towns.

Examples include Guangdong, Jiangsu, Zhejiang, Shandong, Sichuan, Hubei, Fujian, Hunan, Henan and Yunnan. Their economic structures, population patterns, geography and levels of urbanisation differ considerably.

Provincial governments are responsible for implementing national legislation and policies within their territories. They also coordinate local economic development, public infrastructure, education, health services, environmental administration, transport, public security and other areas of public administration.

The provincial people’s congress exercises the functions assigned to it by the Constitution and national legislation. It may adopt local regulations within the limits of its legislative authority, examine the work of the provincial government and decide on important local matters.

A province is therefore an important administrative and legislative unit, but it is not a sovereign political entity. Its government cannot override national laws or establish a separate constitutional order.

2.2 Autonomous regions

China has five autonomous regions:

1. Inner Mongolia Autonomous Region;
2. Guangxi Zhuang Autonomous Region;
3. Tibet Autonomous Region, also referred to in official Chinese English-language materials as the Xizang Autonomous Region;
4. Ningxia Hui Autonomous Region; and
5. Xinjiang Uygur Autonomous Region.

Autonomous regions are established in areas where ethnic minorities live in concentrated communities and where the constitutional system provides for regional ethnic autonomy.

Their status is grounded in Articles 4 and 112–122 of the Constitution and in the Law of the People’s Republic of China on Regional Ethnic Autonomy.

The legal purpose of regional ethnic autonomy is to provide institutional arrangements through which ethnic autonomous areas can administer local affairs while remaining part of the unified state.

Autonomous regions possess people’s congresses and people’s governments that function as organs of self-government. They exercise the general powers of local state institutions and additional powers of autonomy within the limits established by the Constitution and national law.

The existence of an autonomous region does not mean that it is a separate state or possesses sovereignty. Its autonomous status is a form of constitutionally recognised territorial administration.

The distinction between an ordinary province and an autonomous region is therefore primarily institutional and legal. Both are provincial-level units, but autonomous regions possess additional statutory powers associated with regional ethnic autonomy.

2.3 Municipalities directly under the Central Government

China has four municipalities directly under the Central Government:

• Beijing;
• Shanghai;
• Tianjin; and
• Chongqing.

These municipalities have provincial-level status. They are not ordinary cities governed by a provincial administration. Instead, their people’s governments report directly within the central administrative hierarchy.

Their territorial organisation is also more extensive than the ordinary meaning of the word city might suggest. Each municipality includes urban districts and may also contain more rural or less densely populated areas.

Beijing is the national capital and the location of major central state institutions. Shanghai is a major financial, commercial and international business centre. Tianjin is an important industrial and port city. Chongqing is a large municipality in southwestern China with extensive urban and rural territory.

The constitutional distinction between a municipality directly under the Central Government and an ordinary city is important. A municipality has the administrative status of a province, while an ordinary city generally operates within a province or autonomous region, unless it has another specially authorised administrative arrangement.

2.4 Special administrative regions

Hong Kong and Macao occupy a distinct position in China’s territorial and constitutional structure.

The Constitution’s Article 31 provides the constitutional basis for special administrative regions. The National People’s Congress establishes their systems through specific laws, principally the Basic Law of the Hong Kong Special Administrative Region and the Basic Law of the Macao Special Administrative Region.

These regions operate under the principle of ‘one country, two systems’. They are part of the People’s Republic of China, but their legal and administrative arrangements differ substantially from those of mainland provincial governments.

Hong Kong retains a common-law-based legal system, while Macao retains a civil-law-based legal system influenced by Portuguese legal traditions. Each has its own courts, legislature, executive institutions and legal rules under its Basic Law.

The mainland system of local people’s congresses and local people’s governments does not apply to Hong Kong and Macao in the same manner as it applies to provinces and municipalities. Their institutional structures are governed by their respective Basic Laws and applicable national laws.

This distinction is particularly important for foreign businesses and individuals. A rule applicable in mainland China should not automatically be assumed to apply identically in Hong Kong or Macao.

3. Administrative Levels Below the Provincial Level

3.1 The general administrative structure

The constitutional text identifies several territorial levels, but the practical administrative structure is more complex than a simple three-level hierarchy.

A commonly used description of mainland local administration identifies three principal layers:

• Provincial level: provinces, autonomous regions and municipalities directly under the Central Government.
• County level: counties, autonomous counties and county-level cities.
• Township level: townships, ethnic townships and towns.

In practice, many areas also have a prefecture-level tier between the provincial and county levels. This includes prefecture-level cities and autonomous prefectures, as well as certain prefectures and leagues. The exact structure differs by region.

Consequently, the administrative hierarchy may be described as four levels in many parts of the country: provincial, prefectural, county and township. The constitutional classification and the administrative terminology used in government practice do not always correspond to a single uniform ladder.

3.2 Prefecture-level cities

A prefecture-level city is an administrative unit below provincial level and above county level. It usually administers several counties, county-level cities and urban districts.

The term can be misleading to readers unfamiliar with Chinese administration. A prefecture-level city is not necessarily a continuously built-up urban area. Its territory may include extensive rural areas, smaller towns, agricultural land and multiple population centres.

The municipal government exercises administrative authority over the territory assigned to it. It coordinates economic planning, transport, infrastructure, public services, environmental policy and other matters that extend beyond an individual county or district.

The prefecture-level city has an important coordinating role because many public functions require administration across several county-level units.

3.3 Autonomous prefectures

Autonomous prefectures are ethnic autonomous areas situated below provincial-level autonomous regions or provinces. They are established in areas where ethnic minorities live in concentrated communities.

They possess people’s congresses and people’s governments as organs of self-government. Their institutional status is governed by the Constitution and the Law on Regional Ethnic Autonomy.

Autonomous prefectures exercise ordinary local administrative functions and additional powers associated with autonomy. Their people’s congresses may adopt autonomous regulations and separate regulations, subject to the approval procedures established by national law.

They should not be confused with autonomous regions. An autonomous region is a provincial-level unit, whereas an autonomous prefecture is generally a lower-level unit.

3.4 Counties and autonomous counties

Counties are important units of local administration, particularly outside the largest urban areas. They administer towns, townships and rural communities and perform a broad range of public functions.

County governments commonly oversee education, public health, civil affairs, public security, local infrastructure, agricultural development, environmental management and other services.

Autonomous counties have the additional status of ethnic autonomous areas. Their organs of self-government exercise the powers assigned by the Constitution and the Law on Regional Ethnic Autonomy.

A county is not merely a geographical subdivision. It is an administrative unit with its own people’s congress and people’s government, and it plays a significant role in implementing national and provincial policy at local level.

3.5 County-level cities

County-level cities have the administrative status of counties, although their institutional and economic profile may be more urban.

They may administer districts, towns and townships, depending on their particular organisation. Their governments perform functions comparable to those of county governments, adapted to their urban and economic circumstances.

The distinction between a county-level city and a prefecture-level city is one of administrative rank, not simply population or economic importance. A large urban population does not automatically make a city a provincial-level or prefecture-level unit.

3.6 Municipal districts

Municipal districts are subdivisions of municipalities directly under the Central Government and other large cities.

They perform local administrative functions within the urban structure of the municipality or city. District governments commonly manage local public services, urban development, housing administration, community affairs, public facilities and local regulatory matters.

A municipal district is not equivalent to a municipality directly under the Central Government. The former is a lower-level administrative unit; the latter has provincial-level status.

3.7 Townships and towns

Townships and towns are among the lowest levels of formal local government.

A township is generally associated with rural administration, while a town often has a more developed urban or semi-urban character. Ethnic townships are established in areas where ethnic minorities live in concentrated communities and have a particular administrative status.

Township and town governments implement decisions of the corresponding people’s congresses and instructions from higher-level state administrative organs. They also manage local public administration, including community services, rural development, public order, local infrastructure and other matters assigned by law.

Their practical importance is considerable. National policies concerning agriculture, public health, education, poverty reduction, land administration and social services frequently depend on implementation at township and village level.

3.8 Villagers’ and residents’ committees

At the grassroots level, the Constitution recognises villagers’ committees and residents’ committees as primary-level people’s organisations for self-governance.

Article 111 provides for these organisations among rural villagers and urban residents. Their members are elected by the relevant residents.

They are not equivalent to ordinary local people’s governments. Their role is associated with grassroots self-governance, community affairs, mediation, public services and assistance in implementing relevant state policies.

This distinction matters because a village committee is not simply another level of government. It is a community-based organisation operating within the constitutional framework of grassroots self-governance.

4. Local People’s Congresses: Representative and Supervisory Institutions

4.1 Constitutional position

Local people’s congresses are the local organs of state power. Their constitutional status is established by Article 96.

They are not merely consultative councils. Within the limits of their legally assigned powers, they adopt resolutions, examine local development plans, decide on important local matters and supervise the work of corresponding people’s governments.

Their powers vary according to administrative level. Provincial people’s congresses possess broader legislative and supervisory responsibilities than township people’s congresses.

At and above county level, local people’s congresses establish standing committees. These committees perform functions between plenary sessions and exercise powers assigned by the Constitution and legislation.

4.2 Composition and election

The Constitution provides different electoral arrangements according to administrative level.

Deputies to provincial people’s congresses, municipalities directly under the Central Government and cities divided into districts are elected by the people’s congresses at the next lower level. Deputies to county-level and township-level people’s congresses are elected directly by their constituencies, in accordance with the applicable electoral legislation.

Local people’s congresses generally have five-year terms under Article 98 of the Constitution.

The election and composition of these bodies must be understood within China’s broader political and constitutional system. Their existence does not transform provincial government into a parliamentary system based on the conventional separation between legislative and executive branches.

4.3 Legislative and decision-making functions

Local people’s congresses may adopt local regulations where national legislation grants them legislative authority. They also adopt resolutions and make decisions concerning local development and administration.

At provincial level, this includes legislation addressing local economic development, environmental protection, urban and rural planning, public services, local governance and the implementation of national laws.

The legal authority of local legislation is limited. Local regulations must comply with the Constitution, national laws and administrative regulations. They cannot establish a competing legal order or override superior national legislation.

4.4 Supervision of local governments

Local people’s congresses supervise the work of their corresponding people’s governments. They examine government reports, consider budgetary matters and exercise other supervisory powers provided by law.

Their standing committees also perform supervisory functions when the full congress is not in session.

This arrangement establishes an institutional relationship between local representative bodies and executive administrations. It does not, however, eliminate the separate administrative hierarchy under which local governments report to higher-level state administrative organs.

5. Local People’s Governments and Executive Authority

5.1 Legal character of local governments

Article 105 of the Constitution establishes local people’s governments as the executive organs of local people’s congresses and as local state administrative organs.

Their functions are extensive. They administer public services, implement national and local policies, manage economic and social affairs, supervise subordinate departments and issue decisions and orders within their legally authorised powers.

The Organic Law of Local People’s Congresses and Local People’s Governments provides the more detailed institutional framework.

A local government is therefore both a territorial administration and an element of the national executive structure.

5.2 Governors, mayors and other principal officials

The Constitution establishes a system of responsibility under which the principal official assumes overall responsibility for the work of the corresponding local government.

At provincial level, the principal official is the governor. In a municipality or city, the principal official is generally the mayor. At county and district level, the corresponding official is commonly referred to as the head of the government or county/district head. Township and town governments are headed by their respective officials.

The principal official coordinates the work of the government and its departments and bears responsibility within the relevant institutional framework.

This system is not identical to the office of a governor in a federal state. A Chinese provincial governor does not exercise sovereign executive powers independent of the central government.

5.3 Government departments and administrative commissions

Local people’s governments are organised through departments, commissions, bureaus and other working institutions.

The precise structure varies according to the administrative level, local needs and approved institutional arrangements.

A provincial government may include departments responsible for:

• Education;
• Public security;
• Justice;
• Finance;
• Natural resources;
• Ecology and environment;
• Housing and urban-rural development;
• Transport;
• Agriculture and rural affairs;
• Commerce;
• Market regulation;
• Human resources and social security;
• Health;
• Emergency management; and
• Civil affairs.

These departments implement national and local policies within their respective fields. They may issue administrative measures and rules within the authority granted by legislation and the relevant government.

Local departments are not entirely independent regulatory bodies. Their work is coordinated by the corresponding people’s government and may also be subject to professional guidance or supervision from competent departments at higher levels.

5.4 Dual leadership and administrative coordination

An important feature of Chinese administration is the relationship between territorial leadership and specialised departmental supervision.

A provincial department operates under the unified leadership of the provincial people’s government. At the same time, it may be subject to operational guidance or leadership from the corresponding State Council department where national legislation or administrative regulations provide for that relationship.

The 2022 Organic Law expressly recognises these arrangements. It provides for the unified leadership of local people’s governments over their departments while also recognising the role of competent departments at higher levels.

This structure helps coordinate national standards across the country while allowing local governments to organise administration according to regional circumstances.

It can also produce complex institutional relationships. A provincial environmental department, for example, must implement national environmental legislation and policy, follow applicable national standards and operate within the provincial government’s administrative structure.

5.5 Administrative powers and public services

Article 107 of the Constitution identifies a broad range of matters administered by local governments at and above county level. These include economic affairs, education, science, culture, public health, sports, urban and rural development, finance, civil affairs, public security, ethnic affairs and judicial administration.

The precise allocation of responsibilities is further developed through national legislation and administrative regulations.

Local authorities therefore have a direct role in the practical operation of public administration. Their decisions may affect business permits, construction projects, environmental approvals, local transport, public health, social services and the administration of land and property.

For individuals and businesses, it is often the relevant local authority rather than a central ministry that performs the immediate administrative act.

6. The Relationship Between Central and Local Government

6.1 Unified state authority

China’s system is based on unified state authority. Article 110 of the Constitution establishes that local people’s governments are subordinate to the state administrative organs at the next level and that all local people’s governments are under the unified leadership of the State Council.

This does not mean that every administrative decision is made in Beijing. Local governments possess extensive responsibilities and exercise legally defined powers within their territories.

The central government establishes national policy, legislation and administrative standards. Local governments implement these requirements, organise public administration and address local circumstances within their authorised powers.

The relationship is therefore one of hierarchical integration rather than federal division of sovereignty.

6.2 Central policy and local implementation

National policies are frequently implemented through provincial and local administrative plans.

A central ministry may establish national standards or issue administrative requirements, while provincial governments coordinate their application across their territories. Prefecture-level and county-level authorities then implement the relevant measures through local administrative departments.

For example, a national environmental policy may establish emissions standards and enforcement priorities. Provincial authorities may coordinate monitoring and enforcement across the province, while municipal and county authorities carry out inspections, issue administrative decisions and supervise local compliance.

The same pattern can be found in education, transport, public health, industrial development and emergency management.

6.3 Local discretion and regional differences

Local governments are not simply interchangeable administrative units. They operate in territories with different populations, economic structures, resources, geography and development needs.

The law therefore permits local authorities to make certain decisions and adopt local rules within their powers.

A coastal province with major ports and international trade activity may have different administrative priorities from an inland agricultural province or a mountainous autonomous region.

Local discretion, however, must remain within the limits of national law. A local government cannot lawfully disregard a national statute merely because it considers a different policy more suitable for its territory.

6.4 Supervision and correction of local decisions

The Constitution and national legislation provide several mechanisms through which higher-level institutions supervise local authorities.

Article 108 gives local people’s governments at and above county level authority to direct subordinate departments and lower-level people’s governments and to change or revoke inappropriate decisions made by them.

The State Council exercises unified leadership over local state administrative organs. The competent departments of higher-level governments also exercise the guidance or leadership assigned to them by law.

Local people’s congresses and their standing committees supervise the work of corresponding governments. Audit institutions examine public financial administration, while administrative reconsideration and administrative litigation provide legal mechanisms for reviewing certain administrative decisions.

These mechanisms operate alongside other forms of political and institutional supervision.

7. Local Legislative Authority

7.1 The principle of a unified legislative system

China’s legislative system permits legislation at several levels, but it does not create independent provincial legislatures with sovereign authority.

The Constitution, national laws and administrative regulations establish the framework within which local legislative bodies may act.

The Legislation Law, revised in 2023, provides detailed rules concerning local regulations, autonomous regulations, separate regulations and local government rules.

The purpose of local legislation is to address regional circumstances, implement national legislation and regulate matters for which local rules are legally authorised.

7.2 Provincial-level local regulations

Under the Legislation Law, the people’s congresses and their standing committees of provinces, autonomous regions and municipalities directly under the Central Government may formulate local regulations in light of the specific conditions and actual needs of their administrative areas.

These regulations must not contravene the Constitution, national laws or administrative regulations.

Local regulations may address matters requiring detailed local implementation of national laws, as well as local matters for which legislation is appropriate.

Examples may include local environmental protection measures, urban and rural development, public service administration, historical and cultural preservation, transport management and aspects of market regulation.

The authority is substantial, but it is not unlimited. Local regulations operate within the hierarchy of Chinese law.

7.3 Legislative authority of cities divided into districts

The Legislation Law also recognises legislative authority for cities divided into districts, subject to statutory conditions and limitations.

Their local regulations may address matters including urban-rural development and management, ecological conservation, historical and cultural preservation and community-level governance.

The exercise of this authority is subject to the applicable approval and procedural requirements. Local regulations adopted by these cities must comply with superior national and provincial legislation.

Autonomous prefectures may exercise comparable legislative functions under the conditions established by the Legislation Law.

7.4 Autonomous regulations and separate regulations

Ethnic autonomous areas possess an additional form of legislative authority.

The people’s congresses of autonomous regions, autonomous prefectures and autonomous counties may adopt autonomous regulations and separate regulations to address local circumstances and the characteristics of the relevant ethnic communities.

These instruments may, within statutory limits, adapt certain provisions of national laws and administrative regulations to local conditions. They cannot depart from the basic principles of national laws or contravene the Constitution and the Law on Regional Ethnic Autonomy.

Approval requirements differ according to the level of the autonomous area. Autonomous regulations and separate regulations of autonomous regions require approval by the Standing Committee of the National People’s Congress. Those adopted by autonomous prefectures and autonomous counties require approval by the standing committee of the people’s congress of the relevant province, autonomous region or municipality directly under the Central Government.

This is a distinctive element of China’s legal system: local autonomy is constitutionally recognised, but its exercise remains embedded in the national legislative hierarchy.

7.5 Local government rules

Local people’s governments may also formulate government rules within their legally authorised powers.

These rules are different from local regulations adopted by people’s congresses and their standing committees. They are administrative instruments issued by executive authorities and must comply with the Constitution, laws, administrative regulations and applicable local regulations.

The distinction between a local regulation and a local government rule is important when assessing the legal basis of an administrative requirement.

A local government department cannot simply create a new legal obligation for businesses or individuals without an appropriate legal basis and authority.

8. Ethnic Regional Autonomy and the Legal Position of Autonomous Areas

8.1 Constitutional recognition of ethnic autonomy

Article 4 of the Constitution recognises regional autonomy in areas where ethnic minorities live in concentrated communities. It provides for organs of self-government and recognises the right of autonomous areas to exercise autonomy within the limits prescribed by law.

The constitutional framework is developed by the Law on Regional Ethnic Autonomy, originally adopted in 1984 and amended in 2001.

The law establishes the institutional structure of autonomous areas and defines the powers of their organs of self-government.

8.2 Organs of self-government

Article 15 of the Law on Regional Ethnic Autonomy identifies the people’s congresses and people’s governments of autonomous regions, autonomous prefectures and autonomous counties as the organs of self-government.

These institutions exercise the ordinary functions of local state bodies, together with additional powers of autonomy.

Their responsibilities include local economic and social development, public administration, education, cultural affairs, public services and the implementation of national legislation.

The legal framework also addresses the composition and responsibilities of these institutions, including provisions concerning the representation of ethnic minorities.

8.3 Language and cultural matters

The Law on Regional Ethnic Autonomy recognises the use and development of the spoken and written languages of ethnic groups in autonomous areas, as well as the preservation or reform of traditions and customs within the legal framework.

Article 10 addresses the freedom of ethnic groups in autonomous areas to use and develop their languages and preserve or reform their traditions and customs.

These provisions form part of the statutory framework for regional ethnic autonomy.

The practical operation of these rights and policies is a subject of public and academic discussion, particularly in relation to education, language policy, cultural preservation, religious affairs and the administration of particular autonomous regions. A legal description should distinguish the rights and institutional arrangements set out in legislation from the way in which they are implemented in practice.

8.4 Economic and administrative autonomy

The Law on Regional Ethnic Autonomy provides for powers relating to local economic development, financial administration, education, science, culture and other matters.

Autonomous organs may formulate development plans and administer local affairs within the scope of their statutory authority. Higher-level state organs also have responsibilities concerning support and assistance for autonomous areas.

Autonomy does not, however, amount to an independent fiscal or constitutional system. National laws, central policies and the general administrative hierarchy continue to apply.

8.5 Limits of autonomy

The autonomy of these regions is exercised within the Constitution and national legislation.

Autonomous organs must protect national unity and comply with the legal framework governing the state. Their special powers do not include sovereignty, independent foreign policy or an unrestricted power to disapply national laws.

This is why the concept of regional ethnic autonomy in China should not be equated with federal statehood or the constitutional status of an independent constituent state.

9. Administrative Divisions and the Reorganisation of Territory

9.1 Legal basis for administrative changes

Administrative divisions are not permanent geographical facts. They may be changed to reflect population movement, urbanisation, economic development, public administration and other state considerations.

The Constitution establishes the principal categories of administrative division, while national laws and State Council procedures govern their establishment, adjustment and approval.

The State Council has a central role in approving changes to administrative divisions. The Ministry of Civil Affairs is responsible for important aspects of administrative division management, while local civil affairs departments perform relevant work within their territories.

The State Council’s 2018 regulation on administrative division management emphasised the need to maintain overall stability and to ensure that changes are made through prescribed procedures. It also addressed the responsibilities of central and local authorities and the implementation of approved adjustments.

9.2 Creation, merger and boundary adjustment

Administrative changes may include the creation of new districts, the merger of counties, the conversion of a county into a county-level city, the adjustment of municipal boundaries or changes to township-level divisions.

Such changes can have significant consequences. They may affect the allocation of administrative responsibilities, local budgets, public service delivery, land-use planning, infrastructure projects and the jurisdiction of local authorities.

A change in administrative status does not necessarily alter private property rights automatically. Property registration, land-use rights and other legal interests remain subject to the relevant substantive legislation and the legal procedures applicable to the particular change.

9.3 Urbanisation and administrative reorganisation

China’s rapid urbanisation has influenced the structure of local administration. The growth of metropolitan areas and the integration of surrounding counties and towns into larger urban systems have created pressure for administrative coordination.

Administrative reorganisation can be used to facilitate infrastructure planning, public transport, environmental management, economic development and the delivery of public services across a wider territory.

Nevertheless, administrative status should not be confused with urbanisation itself. A county-level city may contain substantial rural territory, while a municipality directly under the Central Government may include areas with very different population densities and economic characteristics.

10. Local Government Finance and Public Administration

10.1 The fiscal relationship between central and local government

Local governments are responsible for delivering many public services, but their financial powers operate within a national fiscal framework.

The Budget Law and other fiscal legislation regulate public budgets, revenue, expenditure, transfers and financial supervision.

Local governments prepare and administer budgets within the applicable legal framework. Their responsibilities include financing public services, infrastructure, education, healthcare, social administration and local development.

The central government also provides transfer payments and other forms of fiscal support. These arrangements are particularly important for regions whose revenue bases are insufficient to meet their assigned expenditure responsibilities.

The fiscal relationship between central and local authorities is therefore a major feature of China’s administrative system.

10.2 Local budgets and financial supervision

Local people’s congresses and their standing committees exercise budgetary functions within the limits established by law. Local governments prepare budget proposals, implement approved budgets and report on financial matters.

Audit institutions also play an important role. Article 109 of the Constitution requires local governments at and above county level to establish audit offices. These institutions exercise audit supervision in accordance with law and are responsible to the corresponding people’s government and the audit office at the next higher level.

Audit supervision is intended to examine the lawful and proper administration of public finances and the use of public funds.

10.3 Local debt and infrastructure finance

Local governments have historically played a major role in financing infrastructure and urban development. This has included roads, rail transport, public facilities, industrial parks, housing-related infrastructure and other projects.

Local government financing has also raised important questions concerning debt management, budget transparency and financial risk.

The legal framework governing local government debt has developed through budgetary legislation, fiscal rules and central regulatory measures. Local authorities must operate within the applicable borrowing and debt-management restrictions.

The precise legal treatment of a particular financing arrangement depends on its structure, the entities involved and the applicable national rules.

10.4 Public service administration

Local governments administer a wide range of public services. These include education, public health, social assistance, civil affairs, local transport, urban planning, environmental services, public utilities and emergency response.

The allocation of responsibilities varies by administrative level. A provincial government may coordinate regional development and major infrastructure, while a county government may administer schools, hospitals and local public facilities. Township authorities may implement local service programmes and coordinate community-level administration.

The system is therefore both hierarchical and functionally differentiated.

11. The Communist Party and Local Governance

11.1 Party leadership within local institutions

The constitutional and administrative structure of local government must be understood alongside the role of the Communist Party of China.

Article 1 of the Constitution identifies the leadership of the Communist Party of China as a defining feature of the socialist system of the People’s Republic of China.

Party organisations operate at provincial, municipal, county and other levels. Their role is distinct from that of local people’s governments as formal state administrative organs, but Party leadership is a central element of the political and institutional organisation of local governance.

A provincial Party committee, for example, is not the same legal institution as the provincial people’s government. The former is a Party organisation; the latter is a state administrative organ. Their functions and authority should not be conflated.

11.2 Local Party committees

Local Party committees provide political leadership and coordinate the implementation of Party policy within their territories.

They play an important role in major policy decisions, institutional priorities, personnel matters and the coordination of local governance.

This political structure operates alongside the formal state institutions established by the Constitution and national legislation.

As a result, an analysis limited to the written powers of local people’s congresses and governments would provide an incomplete account of how local administration operates in practice.

11.3 Relationship between Party and state institutions

The relationship between Party organisations and state institutions is not simply a relationship between two unrelated administrative systems. Party leadership is integrated into the political structure of the People’s Republic of China.

At the same time, formal administrative acts must be understood through the applicable state laws and regulations. A government permit, administrative penalty or land-use decision is an act of the competent state authority, even where broader policy direction is shaped by Party institutions.

This distinction is particularly relevant to legal analysis. The political organisation of local governance and the legal validity of a specific administrative decision are related questions, but they are not identical.

12. Administrative Supervision and Legal Accountability

12.1 Supervision by people’s congresses

Local people’s congresses and their standing committees supervise the work of corresponding governments and other local state institutions within their constitutional and statutory powers.

They consider government reports, examine budgets and exercise legally defined oversight functions.

12.2 Supervision by higher-level administrative authorities

Higher-level governments supervise lower-level administrations. Under Article 108 of the Constitution, governments at and above county level direct the work of subordinate departments and lower-level governments and may change or revoke inappropriate decisions.

The State Council also exercises unified leadership over local administrative organs throughout the country.

12.3 Administrative reconsideration

Administrative reconsideration provides a procedure through which individuals, legal persons and other organisations may challenge certain administrative acts.

The Administrative Reconsideration Law establishes the legal framework for review by competent reconsideration authorities. Depending on the administrative organ responsible for the disputed act, the appropriate reviewing authority is determined by the applicable statutory rules.

The system is relevant to local administration because many disputes arise from decisions taken by local departments, county governments, municipal authorities or other administrative bodies.

12.4 Administrative litigation

The Administrative Litigation Law provides a judicial route for challenging specified administrative acts.

Individuals and organisations may bring proceedings where the statutory conditions are satisfied. Administrative litigation is an important mechanism for reviewing the legality of administrative action, including decisions made by local authorities.

The availability and scope of review depend on the nature of the act, the identity of the administrative defendant and the procedural requirements established by law.

12.5 Supervision and audit institutions

Local audit offices examine the administration of public funds and other matters within their statutory jurisdiction.

Supervisory commissions also form part of China’s constitutional oversight structure. They are distinct from local people’s governments and from people’s courts and procuratorates. Their functions concern the supervision of public officials and the investigation of specified forms of misconduct under the applicable legal framework.

These institutions should not be treated as interchangeable. Administrative supervision, audit supervision, criminal investigation, procuratorial supervision and judicial review have different legal foundations and functions.

13. The Practical Importance of Local Government for Foreign Individuals and Businesses

13.1 Why the provincial level matters

Foreign businesses entering the Chinese market often encounter local authorities before they interact directly with central institutions.

Provincial and municipal governments may be involved in investment promotion, industrial development, infrastructure, local licensing, land administration, environmental compliance and the implementation of national economic policies.

The relevant administrative authority depends on the activity, the location and the applicable legal framework. A provincial department may have responsibility for one matter, while a municipal or county authority may administer another.

It is therefore important to identify the legally competent authority rather than assuming that every matter is handled by the provincial government.

13.2 Business registration and market regulation

Business registration and market supervision involve national legislation and local administrative implementation.

Local market regulation authorities may administer registration-related matters, supervise compliance, conduct inspections and enforce applicable rules within their statutory powers.

The relevant authority may be located at municipal, district or county level, depending on the nature of the business and the applicable administrative arrangements.

13.3 Land, construction and environmental approvals

Local authorities play a substantial role in land administration, construction planning, environmental supervision and infrastructure development.

A foreign-invested enterprise may need to deal with several different administrative departments. These may include authorities responsible for natural resources, housing and urban-rural development, ecology and environment, market regulation and emergency management.

The fact that an investment project has received support from a local government does not itself replace the statutory permits, approvals or compliance obligations required under national law.

13.4 Employment and public services

Local authorities administer aspects of employment regulation, social insurance, public health, education and other public services.

Foreign individuals may therefore encounter local administrative institutions in connection with residence, employment, social insurance, education and other matters.

The relevant rules may combine national legislation with local implementing measures. The legal basis and competent authority should be identified for each particular administrative procedure.

13.5 Regional variation and legal certainty

Administrative practice may differ between regions because local governments operate in different economic and social circumstances and may have different implementing rules within the limits of national law.

For businesses, this makes it important to distinguish between a national legal requirement and a local administrative procedure.

A practice followed by one municipal authority should not automatically be assumed to apply throughout China. Equally, a local administrative preference cannot lawfully override a superior national legal requirement.

Foreign businesses should therefore identify the competent authority, the applicable national legislation, any valid local regulations and the relevant administrative procedures before relying on a particular local practice.

14. The Distinction Between Mainland Local Government and Hong Kong and Macao

The mainland system of provincial and local government should not be applied indiscriminately to Hong Kong and Macao.

Hong Kong and Macao have their own executive and legislative institutions under their respective Basic Laws. Their courts operate within distinct legal systems, and their public administrations are organised differently from mainland provincial governments.

The central authorities retain constitutionally defined responsibilities in relation to the special administrative regions, including matters such as foreign affairs and defence, while the regions exercise the powers granted under their Basic Laws.

This arrangement is constitutionally distinct from the ordinary relationship between a province and the State Council.

For legal research, business operations and public administration, it is essential to identify whether a matter concerns mainland China, Hong Kong or Macao. The applicable legislation, competent institutions and procedures may be substantially different.

15. Understanding Local Government as a System of Territorial Administration

China’s local government structure combines several institutional principles.

First, the state is constitutionally unified. Provinces and other territorial units do not possess sovereign status or an independent constitutional order.

Second, local people’s congresses and local people’s governments have legally defined functions. They are not simply informal branches of central ministries.

Third, local governments are integrated into a vertical administrative hierarchy. They report to higher-level state administrative organs and operate under the unified leadership of the State Council.

Fourth, the system recognises territorial differentiation. Autonomous regions and other ethnic autonomous areas possess additional statutory powers, while municipalities directly under the Central Government have provincial-level status.

Fifth, local legislative authority exists within a national legal hierarchy. Provincial and other authorised local legislative bodies may adopt regulations, but those regulations must comply with superior law.

Finally, local administration operates alongside the leadership structures of the Communist Party of China. Understanding the formal state institutions without considering this political dimension would provide an incomplete picture of the organisation of local governance.

The result is a system that combines central authority, territorial administration, local implementation and legally recognised regional variation. It is neither a federal system nor a simple administrative structure in which all decisions are made by central ministries.

Key Takeaways

1. China is a unitary state, not a federation. Provinces and other territorial units do not possess sovereignty or independent constitutional authority.
2. Article 30 of the Constitution establishes the principal administrative divisions: provinces, autonomous regions and municipalities directly under the Central Government.
3. The official classification commonly identifies 34 provincial-level administrative units: 23 provinces, five autonomous regions, four municipalities and two special administrative regions. This includes Taiwan in the PRC’s official territorial classification, although Taiwan is self-governed and is not administered by the PRC authorities.
4. Mainland China is commonly described as having 31 provincial-level administrative units: 22 provinces administered by the PRC, five autonomous regions and four municipalities directly under the Central Government.
5. Beijing, Shanghai, Tianjin and Chongqing have provincial-level administrative status.
6. Hong Kong and Macao are special administrative regions with distinct constitutional and legal systems.
7. Autonomous regions, autonomous prefectures and autonomous counties are ethnic autonomous areas established under the Constitution and the Law on Regional Ethnic Autonomy.
8. The Constitution’s Articles 95–111 establish the principal framework for local people’s congresses and local people’s governments.
9. Local people’s congresses are local organs of state power. They exercise legislative, decision-making and supervisory functions within their legally defined authority.
10. Local people’s governments are the executive organs of corresponding people’s congresses and local state administrative organs.
11. Local governments report to their corresponding people’s congresses and are also integrated into the administrative hierarchy of higher-level state organs.
12. The State Council exercises unified leadership over local state administrative organs throughout the country.
13. The administrative hierarchy commonly includes provincial, prefectural, county and township levels, although the exact structure varies by region.
14. Prefecture-level cities administer counties, county-level cities and districts and are not necessarily limited to continuously urban territory.
15. County-level cities have the administrative status of counties, not prefecture-level cities.
16. Villagers’ and residents’ committees are grassroots self-governance organisations, not ordinary levels of local government.
17. The Organic Law of Local People’s Congresses and Local People’s Governments was revised in 2022.
18. Provincial people’s congresses and their standing committees may adopt local regulations within the limits of the Legislation Law.
19. Cities divided into districts and autonomous prefectures may exercise local legislative authority under statutory conditions and limitations.
20. Autonomous regions, autonomous prefectures and autonomous counties may adopt autonomous regulations and separate regulations subject to the required approval procedures.
21. Local regulations and government rules cannot override the Constitution, national laws or superior administrative regulations.
22. Local government departments operate under the unified leadership of their corresponding people’s governments and may also be subject to the operational guidance or leadership of competent higher-level departments.
23. Local governments administer important public functions, including education, health, infrastructure, environmental protection, finance, public security and economic development.
24. Administrative divisions may be changed through legally prescribed procedures, with the State Council playing a central approval role.
25. Local budgets, fiscal transfers, audit supervision and debt-management rules form important parts of the central-local administrative relationship.
26. The Communist Party’s local organisations play a central political role alongside the formal state institutions.
27. Administrative reconsideration and administrative litigation provide legal mechanisms for challenging certain local administrative acts.
28. Foreign individuals and businesses frequently deal with municipal, district, county and provincial authorities when obtaining permits and complying with regulatory requirements.
29. Local administrative practices may differ, but regional variation does not permit local authorities to disregard national law.
30. Hong Kong and Macao must be treated separately from mainland local government because their institutional and legal systems are governed by their respective Basic Laws.

Frequently Asked Questions

1. Is China a federal state?

No. China is constitutionally a unitary state. Provinces and other administrative regions do not possess the sovereign powers or independent constitutional status associated with constituent states in a federation.

2. How many provinces does China have?

The official PRC classification identifies 23 provinces, including Taiwan. The authorities of the People’s Republic of China administer 22 of those provinces on the mainland. Taiwan is self-governed and is not administered by the PRC authorities.

3. How many provincial-level administrative regions are there?

The official classification identifies 34: 23 provinces, five autonomous regions, four municipalities directly under the Central Government and two special administrative regions.

4. What is the difference between a province and an autonomous region?

Both are provincial-level administrative units. An autonomous region has additional institutional arrangements and powers associated with ethnic regional autonomy under the Constitution and the Law on Regional Ethnic Autonomy.

5. Which cities are directly under the Central Government?

Beijing, Shanghai, Tianjin and Chongqing. They have provincial-level administrative status and are not subordinate to a provincial government.

6. Are Hong Kong and Macao provinces?

No. They are special administrative regions established under Article 31 of the Constitution and governed by their respective Basic Laws.

7. What is the difference between a prefecture-level city and a county-level city?

A prefecture-level city is generally above county level and may administer several counties, county-level cities and districts. A county-level city has the administrative status of a county and operates below prefectural level.

8. What are autonomous prefectures?

They are ethnic autonomous areas generally situated below provincial level. They have organs of self-government and exercise the powers provided by the Constitution and the Law on Regional Ethnic Autonomy.

9. What is the lowest level of formal local government?

Townships, ethnic townships and towns are among the lowest formal levels of local government. Below them, villagers’ and residents’ committees perform grassroots self-governance functions.

10. Are villagers’ committees government agencies?

They are not ordinary local people’s governments. Article 111 of the Constitution recognises them as primary-level people’s organisations for self-governance among rural residents.

11. Who governs a province?

A provincial people’s government administers the province. Its principal official is the governor. The provincial government operates within the national administrative hierarchy and under the political leadership structures applicable to the province.

12. What is the role of a provincial people’s congress?

It is the provincial organ of state power. It adopts local regulations within its authority, examines important local matters, considers government reports and exercises supervisory functions.

13. Can provinces make their own laws?

Provincial people’s congresses and their standing committees may adopt local regulations under the Legislation Law. These regulations must comply with the Constitution, national laws and administrative regulations.

14. Can local governments issue regulations?

Local people’s governments may formulate government rules within their legally authorised powers. These executive rules are distinct from local regulations adopted by people’s congresses and their standing committees.

15. Can an autonomous region change national law?

An autonomous region may adopt autonomous regulations and separate regulations that adapt certain legal provisions to local conditions, subject to constitutional limits and approval procedures. It cannot establish an independent legal order or disregard the basic principles of national law.

16. Does the central government control provincial administrations?

The central government exercises unified state authority, and the State Council leads local state administrative organs. Provincial governments nevertheless have extensive administrative responsibilities and exercise legally assigned powers within their territories.

17. What is the role of the State Council in local administration?

The State Council is the highest state administrative organ and exercises unified leadership over local state administrative organs. It also performs functions relating to administrative divisions, national policy, administrative regulations and central-local coordination.

18. Can a provincial government overrule a municipal government?

Higher-level local governments have powers to direct lower-level governments and, under Article 108 of the Constitution, may change or revoke inappropriate decisions of subordinate departments and lower-level governments within the applicable legal framework.

19. Do local authorities administer business permits?

Yes. Many permits, registrations, inspections and regulatory procedures are administered by local authorities. The competent authority depends on the activity, the applicable legislation and the administrative level assigned responsibility.

20. Can local authorities impose requirements different from national law?

They may adopt valid local regulations and administrative measures within their statutory powers. They cannot lawfully override the Constitution, national laws or superior administrative regulations.

21. Are local governments responsible for education and healthcare?

Yes. Local governments administer important aspects of education, public health and related services. Responsibilities are distributed across different administrative levels.

22. How are local governments supervised?

They are supervised through several mechanisms, including local people’s congresses, higher-level governments, competent administrative departments, audit institutions and legally established review procedures. Other forms of state and Party supervision also operate within the governance structure.

23. Can individuals challenge decisions made by local authorities?

Depending on the nature of the decision and the applicable legal requirements, individuals and organisations may seek administrative reconsideration or bring administrative litigation.

24. Does a local government have its own constitution?

No. Provinces and other ordinary local administrative units do not possess independent constitutions. Their institutions and powers derive from the national Constitution and legislation.

25. Why is local government important for foreign businesses?

Local authorities often administer registration, permits, land-related procedures, environmental supervision, construction matters, employment administration and public services. Identifying the competent local authority is therefore an important part of regulatory compliance.

Authoritative Legal Sources and Further Reading

1. Constitution of the People’s Republic of China (2018) — particularly Articles 4, 30–32, 95–111 and 112–122, covering administrative divisions, local state institutions and ethnic regional autonomy.
   https://en.npc.gov.cn.cdurl.cn/2018-03/11/c_1145393.htm
2. Organic Law of the Local People’s Congresses and Local People’s Governments of the People’s Republic of China (2022 revision) — the principal legislation governing the organisation and functions of local people’s congresses and governments.
   https://en.npc.gov.cn.cdurl.cn/2022-03/11/c_786267_4.htm
3. Law of the People’s Republic of China on Regional Ethnic Autonomy — the statutory framework for autonomous regions, autonomous prefectures and autonomous counties.
   https://en.npc.gov.cn.cdurl.cn/2024-01/10/c_954912.htm
4. Legislation Law of the People’s Republic of China (2023 revision) — provisions on local regulations, autonomous regulations, separate regulations and local government rules.
   https://en.moj.gov.cn/2023-12/15/c_948358.htm
5. State Council: Local People’s Governments at All Levels — an institutional explanation of the local administrative structure and the relationship between local governments and higher-level authorities.
   https://english.scio.gov.cn/featured/chinakeywords/2024-12/10/content_117925512.htm
6. State Council: Administrative Division Management — information on the national framework for changes to administrative divisions.
   https://english.www.gov.cn/policies/latest_releases/2018/11/01/content_281476371228670.htm
7. State Council: China’s Legislative System — an explanation of the unified, multilevel legislative structure and the legal hierarchy governing national and local legislation.
   https://english.www.gov.cn/archive/china_abc/2014/08/23/content_281474982987230.htm
8. Basic Law of the Hong Kong Special Administrative Region — the constitutional framework for Hong Kong’s distinct institutional and legal system.
   https://www.basiclaw.gov.hk/en/basiclaw/index.html
9. Basic Law of the Macao Special Administrative Region — the constitutional framework for Macao’s distinct institutional and legal system.
   https://www.gov.mo/en/content/basic-law/

Conclusion

Provincial and local government in China is a system of territorially organised state administration operating within a unified constitutional order. Provinces, autonomous regions and municipalities directly under the Central Government form the principal provincial-level units, while prefectural, county and township administrations carry national and local policies into the everyday operation of public services and regulatory institutions.

The Constitution recognises local people’s congresses as organs of state power and local people’s governments as executive and administrative organs. The Organic Law of Local People’s Congresses and Local People’s Governments develops this structure, while the Legislation Law defines the scope of local legislative authority. The Law on Regional Ethnic Autonomy adds a distinct framework for autonomous areas, recognising special institutional powers without creating sovereign territorial units.

The relationship between central and local authorities is therefore neither one of complete administrative uniformity nor one of federal independence. Local governments exercise substantial responsibilities and possess legally defined discretion, but they remain integrated into the national administrative hierarchy and operate under the unified leadership of the State Council. Their work also takes place within the political leadership structure of the Communist Party of China.

For anyone studying Chinese law, conducting business in mainland China or seeking to understand the country’s public administration, the local level is indispensable. Many legal obligations are implemented, permits are issued, inspections are conducted and public services are delivered by local authorities. Understanding which level of government has legal competence is often as important as understanding the national legislation itself.

Editorial note: This article provides general legal and institutional information about the People’s Republic of China’s mainland system of provincial and local government. Hong Kong and Macao are discussed separately because their constitutional and legal arrangements differ from those of mainland China. Taiwan’s political and administrative status is also distinguished from the PRC’s official territorial classification. The article is educational and does not constitute legal advice.

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