Legal basis:
Article 37 of the Guarantee Law of People's Republic of China (PRC) * * * The following properties shall not be mortgaged:
(1) Land ownership:
(2) The right to use collectively-owned land, such as cultivated land, homestead, private plots and private hills, except as provided for in Item 5 of Article 34 and Paragraph 3 of Article 36 of this Law;
(3) Educational facilities, medical and health facilities and other public welfare facilities of schools, kindergartens, hospitals and other institutions and social organizations;
(4) Property whose ownership and use right are unknown or controversial;
(5) Property that has been sealed up, detained or supervised according to law;
(six) other property that may not be mortgaged according to law.
Article 36 of the Guarantee Law of People's Republic of China (PRC) * * * If the house on the state-owned land is mortgaged according to law, the right to use the state-owned land occupied by the house shall be mortgaged at the same time.
If the right to use state-owned land obtained by transfer is mortgaged, the houses on the state-owned land shall be mortgaged at the same time.
The land use right of township (town) village enterprises shall not be mortgaged separately. Where buildings such as factories of township (town) and village enterprises are mortgaged, the land use right within the occupied area shall be mortgaged at the same time.