Answer: No, it cannot. Private schools, hospitals and other units want to mortgage the land use rights of state-owned construction land they have acquired to finance and apply for mortgage registration. The land registry agency has doubts whether these lands can be mortgaged and whether the mortgage can be registered.
China's "Guarantee Law," Article 37, paragraph 3, and "Property Law," Article 184, paragraph 3, are clearly prohibited "schools, kindergartens, hospitals and other public welfare for the purpose of public institutions, social organizations, educational facilities, medical and health care facilities, and other public welfare facilities," mortgage. This provision, in practice, for public schools, hospitals and other units of land shall not be mortgaged there is no objection, but for private schools, hospitals and other units of land shall not be mortgaged, some people hold a different view. They believe that the land of private schools, hospitals and other units is generally acquired by grant rather than allocation, so the mortgage should not be restricted; in addition to this, they believe that private schools, hospitals are generally established in accordance with the law and registered in the industrial and commercial registration department of the enterprise legal person, the implementation of enterprise tax policy and financial accounting system, is a for-profit enterprise legal person, is not to public welfare as the purpose of the business institutions or social organizations, and therefore does not fall within the scope of the provisions of the Law of the People's Republic of China, the law of the People's Republic of China. Or social organizations, and therefore does not belong to the Guarantee Law, Article 37, paragraph 3, and the Property Law, Article 184, paragraph 3, the object of adjustment.
The author believes that private schools, hospitals and other units of educational facilities, medical and health facilities and other public welfare facilities, regardless of whether the land is allocated or granted, regardless of whether these units are registered as institutions, social organizations, or companies, are not allowed to mortgage. According to China's "Private Education Promotion Law," Article 3, paragraph 1 of the provisions of the "private educational institutions are public welfare undertakings," private schools also belong to the public welfare institutions. According to Article 3 of China's Regulations on the Administration of Medical Institutions, medical institutions should aim at saving lives, preventing and treating diseases, and serving the health of citizens. Therefore, hospitals, whether public or private, should also aim at social welfare. According to the National People's Congress Legal Affairs Committee prepared by the Chinese people's *** and the State Property Law Interpretation, it can be seen that the Property Law, Article 184, paragraph 3, the reason why prohibit these land mortgages, the main purpose is to ensure that schools, hospitals and other public welfare for the purpose of the security of the property of the public interest, stability, so as to safeguard the public's interests, and to maintain social stability and harmony.
But for private schools and hospitals to mortgage their educational facilities, medical and health facilities and other social public welfare facilities other than land, the land registration agency can register the mortgage. Because the supreme people's court "on the application of the Chinese people's *** and the state guarantee law" a number of issues of the interpretation of article 53 provides: "schools, kindergartens, hospitals and other public welfare for the purpose of public institutions, social organizations, to its educational facilities, medical and health facilities and other social welfare facilities other than the property of their own debt to set a mortgage, the people's court may find that the mortgage is valid". According to this judicial interpretation, the land registration agency in the mortgage registration, should pay attention to the mortgage of the land scope can only be limited to educational facilities, medical and health facilities and other public welfare facilities outside the land, and schools, hospitals can only use these lands for their own debt to set a mortgage, and can not provide security for others.